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Re: 1st Credit sent Bankruptcy proceeding being considered letter ....Please Help !!
https://www.handbook.fca.org.uk/handbook/CONC/13/1.html
https://www.handbook.fca.org.uk/handbook/CONC/13/1.html
The copy agreement
CONC 13.1.4G01/07/2014
(1) The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature.
(2) The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy.
(3) The terms and conditions should be those applicable at the time the agreement was executed. The name and address at the time of execution must be included.
(4) The reconstituted agreement should contain a heading prescribed by the CCA and any relevant cancellation notice.
(5) If the reason why no copy is given in response to a request under these sections is that there never was an executed agreement, the firm should acknowledge this in its response.
(6) If the agreement has been varied, the duty is to provide not only a copy of the agreement as originally executed but also either:
The statement of account
CONC 13.1.5G01/04/2014
If the firm possesses insufficient information to enable it to ascertain the amount and date of any sum which is to become payable, it is sufficient to indicate the basis on which they would fall to be ascertained.
CONC 13.1.4G01/07/2014
(1) The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature.
(2) The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy.
(3) The terms and conditions should be those applicable at the time the agreement was executed. The name and address at the time of execution must be included.
(4) The reconstituted agreement should contain a heading prescribed by the CCA and any relevant cancellation notice.
(5) If the reason why no copy is given in response to a request under these sections is that there never was an executed agreement, the firm should acknowledge this in its response.
(6) If the agreement has been varied, the duty is to provide not only a copy of the agreement as originally executed but also either:
(a) a copy of the latest variation given in accordance with section 82(1) of the CCA relating to each discrete term of the agreement which has been varied; or,
(b) a clear statement of the terms of the agreement as varied.
(7) Further, section 180(1)(b) of the CCA and regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 expressly allow certain matters to be omitted from the copy. There may be excluded from the copy of the executed agreement to be provided under these sections:(b) a clear statement of the terms of the agreement as varied.
(a) any information relating to the borrower, hirer or surety, or information included for the use of the lender or owner only, which is not required to be included by the CCA or by any regulations made under the CCA as to the form and content of the agreement;
(b) any signature box, signature or date of signature;
(c) in the case of pawn agreements, any description of the article taken in pawn.
(b) any signature box, signature or date of signature;
(c) in the case of pawn agreements, any description of the article taken in pawn.
The statement of account
CONC 13.1.5G01/04/2014
If the firm possesses insufficient information to enable it to ascertain the amount and date of any sum which is to become payable, it is sufficient to indicate the basis on which they would fall to be ascertained.
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