You have previously requested under section 78 of the Consumer Credit Act 1974 a copy of your reconstituted version of the executed agreement. We provided you with a copy in May 2009, which complies with the requirements of the Consumer Credit Act 1974 ("the Act") and the Consumer Credit (Cancellation Notices and Copies of Documents) regulations 1983, SI 1983/1557 ("the regulations").
The Act specifies a ‘true’ copy (but may exclude personal information and signature) NOT ‘reconstituted’ !!
We note your comment that the copy of the executed agreement we provided does not contain all the prescribed terms pursuant to the CCA and the Consumer Credit Agreement Regulations 1983. The Bank's agreements have always complied with the requirements of all relevant legislation and we are confident in our ability to demonstrate this. As such, you agreement is enforceable and you should continue to make payments when they become due.
OK we believe you - NOT.
In addition, although not required under Section 78 we also provided a copy of the original signed agreement on 1st July 2009.
No you didn’t!
You have not disputed the fact that you have benefitted from the agreement and borrowed money from the bank. You have also not disputed that you were aware of the terms of repayment that you entered into when borrowing the money from the bank. As such it seems clear that there is no dispute over the fact that the funds borrowed are required to be repaid or the terms on which that repayment is due. Even if the agreement was not enforeceable, which is not the case here, it is clear from case law, this only prevents one party from enforcing the agreement through the courts, it does not prevent Collections activity or the placing of information on the credit file.
No dispute as to benefits. The terms of repayment are not contractually agreed and therefore arbitrary and voluntary. You may ask for repayment I may decline.
Therefore, I decline your request to remove any detrimental information held on your credit file in relation to this credit card account. In signing the credit card agreement, you did give your agreement and consent to the processing of your information. It is clear that by signing the agreement, the customer agrees to their data being used as set out. This is also in compliance with the Data Protection Act. Unfortunately,as a credit file is a true reflection of the conduct of an account, I am unable to amend this information.
The DPA requires permission to process my data including to third parties. Without a signed agreement there is no proof of my permission. Also the LACORS & ICO feel that defaults on an unenforceable accounts are processed unfairly and not representative.
Turning to your allegations of harrassment, it is the bank's obligation as a responsible lender to advise customers as soon as reasonable they are in arrears. The bank will give no undertaking not to contact you to ask for payment, particularly as your alleged "dispute" is unfounded.
It is the banks obligation to operate within the guidelines of the Trading Standards, the Administration of Justice Act 1970 the Protection from Harassment Act 1997, OFCOM and the OFT.
I trust this clarifies our position.
I trust this clarifies mine – no compliant agreement, no payment !!
