CCA Citi financial/assistance please

[MARTIN3030]

moved part thread; original content

 

 

We regret to inform you that section 78 CCA 1974 does not require CitiFinancial to provide you with a copy of the executed agreement as you appear to believe. It requires CitiFinancial to provide you with a “copy of the executed agreement” as defined by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

The obligation to provide you with that document is fulfilled by the provision of the terms and conditions, which are supplied to customers upon reissue or issue of their card, being printed on the card carrier. We enclose a copy of the terms and conditions for your account. This is an industry standard document and conforms with the Regulations.

We set out below a summary of the same for your information.

 

180 Power to prescribe form etc of copies

(1) Regulations may be made as to the form and content of documents to be issued as copies of any executed agreement, security instrument or other document referred to in this Act, and may in particular— (a) require specified information to be included in the prescribed manner in any copy, and contain requirements to ensure that such information is clearly brought to the attention of a reader of the copy; (b) authorise the omission from a copy of certain material contained in the original, or the inclusion of such material in condensed form.

 

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 make it clear at Reg 3 that the “copy executed agreement” is not required to be an exact replica of the original agreement per se but an extract since it is allowed to omit certain information including any signature box, signature, or date of signature.

 

Should you have any questions please feel free to call me on 0800 146 188, or write to me at:

 

Citi Cards

CitiFinancial Europe plc

 

 

 

 

link to thread

 

 

http://www.consumeractiongroup.co.uk/forum/citicards/124845-citi-not-responding-all.html

 

[Enron]

Citi upto their tricks once more.........

 

They are allowed to supply a copy of the document minus the signature, signature box, and signature date, but thats it.

 

Regs allow for a variation of Terms if power of variation is present in the original executed agreement which none of us have received so far.

 

A request for the executed agreement refers to the signed original document - it has to be that, not a copy of Varied Terms & Conditions as they assert. So its just Citi being evasive and misleading.

[palomino]

 

We regret to inform I bet they do .. you that section 78 CCA 1974 does not require CitiFinancial to provide you with a copy of the executed agreement as you appear to believe. It requires CitiFinancial to provide you with a “copy of the executed agreement” as defined by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

The obligation to provide you with that document is fulfilled by the provision of the terms and conditions, which are supplied to customers upon reissue or issue of their card, being printed on the card carrier. We enclose a copy of the terms and conditions for your account. This is an industry standard document and conforms with the Regulations.

We set out below a summary of the same for your information.

 

Perhaps you should ask how a copy of the terms and conditions can show that the agreement was executed.

[Enron]

Lets just say if it goes to court their arguement won't stand.

 

Whilst there is a power of variation normally in an executed agreement that allow changes to an agreement. What has been posted so far is just Varied Terms.

 

This does not fulfill a s78(1) CCA request as the copy has to be from the executed agreement document which you originally signed. s78(6) is active after the statutory period no further interest or penalty charges should be added or enforcement action.

 

The supply of Terms & Conditions and the statement that they are the executed agreement could be a very weak point for Citi, especially if they are requested at court to produced a signed original of this document.

Edited September 3, 2008 by Enron