CCA Variances

[Redsonja]

Hi all,

Just wondered what people's views were on the following:

CC company have sent me a CCA which is a variation and they say this is allowed but I do not have a copy of my original CCA when I opened the account, despite requesting it.

Is this allowed?

[Nattie]

Have they said why this is allowed and what part of the CCA it states that?

[Redsonja]

Hi Nattie,

They say that under Sect 78(1) they have provided me with a "true copy" and under Reg 7 it allows them to provide a true copy which sets out the terms and conditions current at the time of provision of the copy.

They go on to say that as the agreement represents the present terms of my agreement they have provided me wih a copy of the executed agreement as prescribed by Sect 78 of the act.

Now CCA's are not my strong point and tonight I have been looking over the regs but I cant seem to find any info I can quote about wanting the CCA for when I first signed up (truth is I dont think there was one). Surely the initial CCA must prove they are allowed to vary it.

Any ideas?

[Redsonja]

Bump...anyone any ideas on this?

[Nattie]

I am going to ask if a few of the guys take a look and be able to advise you.

[Redsonja]

Great thanks Nattie, I have tried to see if anyone over the road knew but seems to be a bit of a grey area.

[iancognito]

Sonja

This is from the OFT guidelines to the CCA

Reg 3(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations requires that, subject to certain limited exceptions, any copy of an unexecuted agreement must be a ‘true copy’. This means that it must be identical to the agreement as presented or sent to the debtor for signature. Reg 3(2) permits the exclusion from the copy agreement of: • any information relating to the debtor, or included for the creditor’s use, which is not required by the Agreements Regulations; • the name and address of the debtor; and • any signature box. Reg 4 makes special provision in relation to headings and statements of protection and remedies in cases to which s58(1) applies.

Now that seems quite clear cut to me but obviously the Act itself needs to be checked to confirm the actual wording. Unless someone comes back in the meantime, I will have a look tomorrow.

[Redsonja]

Fab thanks Cog, I tried to read reg 3 of the Act but it was blank on the regs when I was looking.

Thats a great start...so...although the variance gives room for the cancellation signature, it does not require a signature to execute the agreement so it doesnt fall within Reg 3 and I can quote this part.