CCA request done - no terms and conditions supplied by DCA

[alfaolic]

Hi, I wonder if someone can take a look at this.

 

I requested the CCA from the DCA, and they sent me a copy of the application form. However, there were no T&C's and the creditor hasn't signed in the box. Is this enforceable? Thanks

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

An application forms with or without Ta & Cs does not satisfy a section 77/78 CCA request!

Which DCA is this?

[BRIGADIER2JCS]

Ok even without seeing the document it is not an agreement and is no where near a reconstituted one, you should now write back rejecting it and stating that the account is now in dispute and will remaon so until a compliant agreement is produced.

[BRIGADIER2JCS]

Amex card, but which DCA is chasing it?

[alfaolic]

Hi Welcome to CAG,

 

An application forms with or without Ta & Cs does not satisfy a section 77/78 CCA request!

Which DCA is this?

 

American Express sold to Eversheds now Drydens Fairfax Solicitors.

 

What if the only thing you ever remember signing was an application form? They've said "the document fulfils our obligations under the Consumer Credit Act".

 

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[BRIGADIER2JCS]

DrydensFairfax make a lot of mistakes like this, CCA MUST have all the terms and conditions when the account was opened, and if they produce a reconstituted agreement the Ts &Cs if changed at any time and thos when the account was closed.

[alfaolic]

DrydensFairfax make a lot of mistakes like this, CCA MUST have all the terms and conditions when the account was opened, and if they produce a reconstituted agreement the Ts &Cs if changed at any time and thos when the account was closed.

 

Sorry, don't mean to be thick, but I don't understand the last part.

[BRIGADIER2JCS]

There is provision for a creditor/DCA to produce a reconstituted agreement which MUST have the name and address of the creditor at the inception of the agreement, the name and address of the debtor at the inception of the agreement, the terms and conditions at inception, any changes/amendments of the Ts & Cs during the ''life'' of the agreement and thos at the close.

 

What you have is neither a compliant agreement s required under CCA 1974 or a compliant recon.

 

Write to the data controller at DF and state tha document supplied does not for obvious reasons meet the requirements of CCA 1974 and the account is formally in dispute.

[alfaolic]

There is provision for a creditor/DCA to produce a reconstituted agreement which MUST have the name and address of the creditor at the inception of the agreement, the name and address of the debtor at the inception of the agreement, the terms and conditions at inception, any changes/amendments of the Ts & Cs during the ''life'' of the agreement and thos at the close.

 

What you have is neither a compliant agreement s required under CCA 1974 or a compliant recon.

 

Write to the data controller at DF and state tha document supplied does not for obvious reasons meet the requirements of CCA 1974 and the account is formally in dispute.

 

Thanks for that. How often do they manage to come up with reconstituted agreements? i.e. is it easy for them to do?

[BRIGADIER2JCS]

Quite often but silly mistakes are made and the recon fails on something simple.

[alfaolic]

Quite often but silly mistakes are made and the recon fails on something simple.

 

OK, thanks very much for your help. I'll write to them and tell them that they have not complied. Cheers!

[BRIGADIER2JCS]

Ok, DF like to ''insist'' ''demand'' and ''require'' all sorts of information they are not entitled to and love to quote ''Court Guide Lines'' so don't take too much notice

of how they word their reply.

[dx100uk]

can you attach that pdf please

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

DO IT IN PAINT.EXE or any photo editing program

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[dx100uk]

bet the card is well old?

 

is it on your CRA file?

 

dx

[alfaolic]

bet the card is well old?

 

is it on your CRA file?

 

1999 - not on file anymore.

[dx100uk]

if you were to follow the instructions i posted earlier

you dont need any post count to attach things.

 

dx