the worm that turned
24-05-2009, 10:27 AM
Please see my DRAFT letter I intend to send to one of the credit card companies I use, comments gratefully received...
Dear Sir or Madam,
Thank you for sending me a copy of my Consumer Credit Agreement (“Agreement”) for the above referenced Credit Card. Please note that I did not make an official request for the Agreement, I actually requested a copy of a contract signed by both parties. I also did not provide any payment for the provision of the Agreement.
I have been studying the Agreement you provided alongside the Consumer Credit Act 1974 (“CCA”) and the Consumer Credits (Agreement) Regulations 1983 (“CCR”) and have the following queries that I would be grateful if you would investigate and respond to:
Query Number 1
I do not recall receiving a copy of the Agreement after signing it and sending back to you in 1999. According to the CCA a copy of the executed agreement and any other document referred to in it must be present and then delivered to me.
Please confirm whether this was done, preferably with proof of postage.
Query Number 2
The copy of the Agreement you recently sent to me does not appear to have been signed by you, the creditor. The CCA confirms that both the debtor and creditor must sign the agreement for it to be properly executed.
Please can you confirm if you did sign this agreement and if not, why you did not sign it as the debtor?
Query Number 3
The Agreement you recently sent to me has the title “CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974” however the CCR requires that the correct title for a Credit Card agreement is “Credit Card Agreement regulated by the Consumer Credit Act 1974”
Please can you confirm why you did not follow the regulations in the CCR as requested?
Query Number 4
I do not recall receiving a copy of the terms and conditions from the time that the Agreement was signed by me the debtor. Although I may have received these I certainly cannot locate them. The CCA confirms under section 78 the following:
(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and (c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
In light of these requirements within the CCA, please send me a copy of the Credit Card Terms and Conditions that were in place at the time I signed the agreement. In addition, please also include all of the other requirements mentioned above in subsection 1 of section 78 of the CCA. I have enclosed a cheque for £1 as per the CCA. The prescribed period for providing this information to me is 28 days from the date of this letter.
I look forward to receiving satisfactory responses to all of the queries I have raised above and respectfully request for these to be provided to me no later than 28 days from the date of this letter.
Regards,
TWTT
Dear Sir or Madam,
Thank you for sending me a copy of my Consumer Credit Agreement (“Agreement”) for the above referenced Credit Card. Please note that I did not make an official request for the Agreement, I actually requested a copy of a contract signed by both parties. I also did not provide any payment for the provision of the Agreement.
I have been studying the Agreement you provided alongside the Consumer Credit Act 1974 (“CCA”) and the Consumer Credits (Agreement) Regulations 1983 (“CCR”) and have the following queries that I would be grateful if you would investigate and respond to:
Query Number 1
I do not recall receiving a copy of the Agreement after signing it and sending back to you in 1999. According to the CCA a copy of the executed agreement and any other document referred to in it must be present and then delivered to me.
Please confirm whether this was done, preferably with proof of postage.
Query Number 2
The copy of the Agreement you recently sent to me does not appear to have been signed by you, the creditor. The CCA confirms that both the debtor and creditor must sign the agreement for it to be properly executed.
Please can you confirm if you did sign this agreement and if not, why you did not sign it as the debtor?
Query Number 3
The Agreement you recently sent to me has the title “CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974” however the CCR requires that the correct title for a Credit Card agreement is “Credit Card Agreement regulated by the Consumer Credit Act 1974”
Please can you confirm why you did not follow the regulations in the CCR as requested?
Query Number 4
I do not recall receiving a copy of the terms and conditions from the time that the Agreement was signed by me the debtor. Although I may have received these I certainly cannot locate them. The CCA confirms under section 78 the following:
(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and (c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
In light of these requirements within the CCA, please send me a copy of the Credit Card Terms and Conditions that were in place at the time I signed the agreement. In addition, please also include all of the other requirements mentioned above in subsection 1 of section 78 of the CCA. I have enclosed a cheque for £1 as per the CCA. The prescribed period for providing this information to me is 28 days from the date of this letter.
I look forward to receiving satisfactory responses to all of the queries I have raised above and respectfully request for these to be provided to me no later than 28 days from the date of this letter.
Regards,
TWTT