CCA request...what EXACTLY should be received

[gravytrain]

Re: CCA request...what EXACTLY should be received

Really? I don't recall getting a fresh copy of the agreement every time they sent a new card, never!

Yes section 85 of the act and whats more there is an unenforceabilty sanction for not so doing.

http://www.legislation.gov.uk/ukpga/1974/39/section/85

[labman]

Re: CCA request...what EXACTLY should be received

Really? I don't recall getting a fresh copy of the agreement every time they sent a new card, never!

I always have - I rarely read them (possibly stupid) but they're enclosed.

[gravytrain]

Re: CCA request...what EXACTLY should be received

I always have - I rarely read them (possibly stupid) but they're enclosed.

OTR about six or seven years ago a huge thread was started on this very subject, the idea being that enforceability could be challenged if no copy was issued.

This was in the days that no one realized that these oversights can be easily remedied by the creditor just issuing a copy(although belatedly).

[basa48]

Re: CCA request...what EXACTLY should be received

The reason for sending a copy request is to obtain information only, it is not there in order to challenge enforceablity of the agreement, the sanctions within the section are merely there to ensure that the creditor provides that information, the presence or otherwise of original documentation is not needed for this if the data can be reliably obtained from elsewhere

Yes, it was the Rankines who started all the "you haven't produced a copy of my agreement within 14 days" - "under s78 you cannot enforce".

Technically correct, but even then easily remedied by producing the agreement at the eleventh hour, even easier now with recons.

S78 was never the way to achieve UE.

[jax50]

Re: CCA request...what EXACTLY should be received

So, just for my still muddled mind...

When they vary the terms, and send you a copy of the new terms...should they send a copy of the original 'terms' or the original 'signed agreement' ?

The words agreement and terms seem to be crossing over and I am now lost ..an agreement is not the same as the terms...they are seperate things...yes ?

Sorry for being thick...

[jon1965]

Re: CCA request...what EXACTLY should be received

My understanding is
The agreement is the actual credit agreement that you signed. It must initially include terms and conditions but not on the same page.
When they send you a new card they should send a current set of T&C's
During your agreement they must send you the new T&C's as and when they change

On receipt of a CCA request they must send as described above
1) Agreement (recon allowed)
2) T&C's when the agreement was taken out
3) Current T&Cs ...or T&C's when the agreement was defaulted
4) A signed statement of account

[jax50]

Re: CCA request...what EXACTLY should be received

When you say" T&Cs when the agreement was taken out"...............is this as they would be at the point of signature, or can they send a copy of the T&Cs that they sent back to you with your card, after the agreement was signed and approved ?

I know they should be the same albeit the latter would have your name and address, the credit limit approved and maybe the credit card number on ...but since a CCA request can be satisfied with recons is a CCA request satisfied with copies of the returned documents rather than those in hand at point of signature ?

If it was all neat and tidy, the OC would send you copies of the original wad of data, all nicely cross-referenced and in one 'document'..but some application forms had tear off sections which you returned and then kept the other bit (the t&c's) ...so that could never be reproduced in it's original format.

Maybe the OC should have kept copies of the printed application forms that they had available in their banks...which have ref numbers/dates on them...

I've confused myself now...

[mystery1]

Re: CCA request...what EXACTLY should be received

Executed. So when both parties have signed which is sometimes when you sign and sometimes when they sign depending on who signed first.

M1

[jax50]

Re: CCA request...what EXACTLY should be received

Executed. So when both parties have signed which is sometimes when you sign and sometimes when they sign depending on who signed first.

M1

Ah yes..although there is no Bank signature on any of the docs returned...but I suppose that doesn't carry any weight at all. ..the wording of the docs suggests approval (and the fact a card has been included).

[mystery1]

Re: CCA request...what EXACTLY should be received

As far as s78 goes no signature is needed.

M1