hi conman killer i dont have scanner at the min iam tyoing the letter as it is and pating here pls read it and suggest me , pls ignore any typing errors i will ad third page asap
Refernce section78 of the cca1974
I write further to the letter whereby you note dissatisfaction to the document in relation to request made under section 77/78 of cca 1974.
Firstly, credit cards are regulated under section 78. section 78(1) of the act states that the creditor shall give debtor a copy of executed agreement and statement of account which is practicable to refer regarding statement of which is practicable to refer , the letters which we send in response to a section 78(1) includes this information to coer issue of executed agreement.
How does act define an executed agreement ?
Executed agreement is defined In section of 189 of the act a document signed or on behalf of the parties embodying the terms of regulated agreement .
What do the rules say about provide a copy.
The cca (Cancelations notices and copies of docs) reg 1983 made under acat deal with how we are to provide a copy of agreement these regulations provide htat any copy of the agreement supllied to a devtor shoud be a true copy . regulation 3(2) provides that a copy may omit certain info which allows youto provided with a true copy not acomplete copy.
What happens if the original agreement has been varied since it was originally signed ?
The regulations also set out what should happen where the agreement has been vried since it was signed reg 7 provide screditors with a choice of including in the copy og the executed agremnt either a copy of lates notice of variation legible statement of the terms varied.reg 7 doesnot state that the copy of agreement shall include a statement of orginal terms as well as statement of varied terms.
Reg 7 allows us to provide you with a true copy which stes out the terms and conditions current at the time of provison of the copy.
last page to contine above
Conclusions in relation the document we have to provide.
A copy of an agreement will satisfy the requirements even if the signature box and /or the signatures are not included as clarified by regulations 3(2) of the consumer credit (cancellation notices and copies of docs) reg 1983
The definition of executed agreement refers to a document embodying terms of the regulated agreement when this is read with regulation 7 –for agreements that have been varied a copy of the original agreement would not embody its terms. A copy of the agreement as varied would embody its terms.
The issue of what is and executed agreement has been interpreted in the high court. It was held that an executed agreement begins as the credit agreement which is sent to the card holder when they receive their credit card therefore establishing what the original executed agreement is when the agreement has been varied reg 7 mentioned above applies .
To summerise, if the agreemnte has botbeen varied, we must send the original exected agreement ,this would be the credit agreement which is currently regulate if the credit agreement has been varied we must sent the current cca as this will contain the terms of the regulated agreement .we have sent youthis and the original executed agreement for ref,
To address any issue about out lack og compliance with section 60 of th cca1974 .section 60 relates to the form and concern agreements. All Barclay card credit agreements are in compliance with this/ you may state that the application form which we provided you , for ref.when you made a request under sec 60thsi is not a completed copy of your application form but rather an excerpt to shoe you signed a contract with us .when you completed your application form the docu would have been presented to you in full, in a legible form. Would have adhere to the requirements under sec 60 of cca 1974
I hoep this leter has helped you with you r concerns about the docs you have been supplied with under sec 78 of cca 1974 as our response fulfils the obligation under sec 78 of cca you should carry on paying the debt you accrued on your account . we don’t clas the account as in dispute you have been supplied with the relevant docs under sec 78 of cca 1974 and we will carry on collection services if you send us further correspondence questioning compliance with these area s response we have already given you.we would require you to provide comprehensive legal docs and documentary evidence to support your claim to ascertain whether response is necessary
Your sincere
Ahmadd basher
Barclay card cs