CCA Request

[chris260483]

Re: CCA Request

posting

Re: CCA Request

i will scan the documents on here if i can work out how to do it

cheers

From memory:

Save documents onto your computer - Click 'Post Reply' - At bottom of box is option to 'Go Advanced' - Click and in top box, browse to document, double click and it will appear in the box that said 'Browse.'

Next click 'Upload' and wait and wait and wait until eventually the document disappears from that box. Repeat for other documents. Click 'Submit Reply' and your attachments will be there.

[chris260483]

Re: CCA Request

bill, yeah i specified this account and have since requested an sar of which i am awaiting.

i will scan the documents on here if i can work out how to do it

cheers

Re: CCA Request

Hi,

I requested Lloyds tsb to send me a copy of my credit card agreement

If you didn't specify what account you were applying for a CCA s.77-79 in connection with, then what you received is probably what you deserved, Chris !!!

I think he did specifiy the account, judging from the above quotation.

Data Subject Access Requests are a different matter, however. They cost £10, but are related to you as a person (the 'Data Subject')

They are a very different matter, as they serve an entirely different purpose to a s78 request. :beagle:

[Bill-K]

Re: CCA Request

If you didn't specify what account you were applying for a CCA s.77-79 in connection with, then what you received is probably what you deserved, Chris !!!

Seriously, though - you need to specify the actual account with such a request - and it will cost you a quid per account !

Data Subject Access Requests are a different matter, however. They cost £10, but are related to you as a person (the 'Data Subject')

[FlamingParrot]

Re: CCA Request

Having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the provision of copy agreements.

Satisfying their obligation under s.78 doesn't automatically make the agreement enforceable. :nono: In this well known case: http://www.bbc.co.uk/news/business-17670803 the defendant 'lost' on the s.78 compliance argument as the judge found the claimant had complied: http://www.watsonssolicitors.co.uk/santander.html

The Defendant sent an entirely disingenuous reply on 4th February alleging that she had received information for the wrong account. She claimed that she needed information for account 5413613010473940 not the information she had been sent which related to account 6356505552255858. Her evidence was that she had kept the original agreement and a moment’s checking would have revealed to her that the 6356 number related to her original account. In my judgment the Claimant complied with the section 78 request within the stipulated time and is not prevented from enforcing this debt for non-compliance with a section 78
request.

Despite the above, it was an overall win for the defendant. :high5: :high5:

with this letter the sent me - Lloyds TSB asset, Gold and Platinum credit card terms and conditions

and for some reason a statement of an old loan i had with them which had nothing to do with the credit card.

so i have no agreement from them just terms and conditions. Nothing with my sig on and nothing which even looks to me like a credit card agreement.

As Labman said above, they can satisfy a s.78 request by sending a reconstituted copy of the agreement, which they are entitled to do after Judge Waksman's judgment in Carey v HSBC.

You may also want to look at this for reference: http://paulatwatsonssolicitors.wordp...t-arose-today/

It all depends on what they've actually sent you, it would be good if you could scan or take a picture of the documents you've received hoto: and post them up, after removing your personal details. :typing:

Do bear in mind that, if you applied online on or after 2005, a tick box fulfills the role of a signature and all the creditor would have to supply is a printout of the terms you would have agreed to at the time you submitted the application, there would have been no need for a signed agreement.

Have you any idea of the year you took out this card and how you applied for it? :confused2:

[chris260483]

Re: CCA Request

so do they only have to produce a statement of account & t&c's of which were in force at the time?

i have informed them they have not complied and have sent me a statement relation to a different account.

Cheers

Re: CCA Request

As long as the details are correct, there is no prescribed form for them to present it to you in - they are perfectly entitled to reconstitute (refabricate) it from details they have about you. It does not have to have your signature.

The statement of account must relate to your credit card, and the T&C's must be those which were in force at the time you took out your agreement. If they are anything other than this, they have not complied with your request.

Hope this clears things up a bit for you. :beagle: