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I sent off a CCA request on behalf of hubby just before Christmas, just received in the post this reply:-
I have enclosed with this letter a copy of your re-constituted version of the executed agreement, a copy of your current terms and conditions and a signed statement of your account.
The copy of the agrement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 ('the Regulations') Regulation 3 (2) (b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable.
By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not enter into any further correspondence with you regarding the requirements relation to the provision of copy agreement.
The two copies of the credit card agreement are indeed reconsituted and have my husbands name and address on them, but no signatures.
Am I right in saying that the terms and conditions should be the ones for when the account was opened ie. 2006, not the current ones? Also surely the agreement should be signed?
I know that they can re-consitute a copy of the CCA now, which they indeed have done.
They also obviously made a mistake in re-constituting the covering letter! Talking about 'your clients signature'!!
Any advice anyone?
I have enclosed with this letter a copy of your re-constituted version of the executed agreement, a copy of your current terms and conditions and a signed statement of your account.
The copy of the agrement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 ('the Regulations') Regulation 3 (2) (b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable.
By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not enter into any further correspondence with you regarding the requirements relation to the provision of copy agreement.
The two copies of the credit card agreement are indeed reconsituted and have my husbands name and address on them, but no signatures.
Am I right in saying that the terms and conditions should be the ones for when the account was opened ie. 2006, not the current ones? Also surely the agreement should be signed?
I know that they can re-consitute a copy of the CCA now, which they indeed have done.
They also obviously made a mistake in re-constituting the covering letter! Talking about 'your clients signature'!!
Any advice anyone?
