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Over the last couple of years I have had a few letters from 1st credit regarding an old Halifax Credit card account. I sent them a CCA request and they replied with statements only. I said this wasn't good enough and they replied with a set of generic Terms and conditions. After checking on here, I wrote back to them using one of the template letters, stating that what they sent wasn't acceptable. I didn't hear anything back from them on this matter, although they sent me various letters offering 10%, 30%, 50% and finally 70% discount if I paid them. They then wrote to me threatening that they would send a doorstep collector to discuss the account with me. I sent them a letter in November 2013 stating that I felt they shouldn't be making such threats, and I again pointed out the problem with the documents they had sent in response to my CCA request.
I have now received a letter from 1st credit saying they are looking into the issue and requesting further information from me. I am unable to scan he letter until later in the week, but the gist of it is:
1. Under section 3(2) of the Consumer Credit ( Cancellation Notices and Copies of Documents ) Regulation 1983, various information may be omitted from the true copy. The letters says " Details which are not required to be in the agreement by law include the signature box, signature and date of signature. Therefore the effect of Regulation 3(2) is that the creditor is only obliged to send out a generic copy of the agreement the debtor has signed up to. The creditor is not obliged to make an actual photocopy of the agreement.
"We consider you request under the act has been fulfilled however given your comments the matter has been referred to our legal department for their comments."
2. They then ask me to clarify some information, saying " I would like to point out to you a request under section 77-79 of the Act is a request for information and does not indicate a dispute. Please clarify the exact nature of your dispute and please clarify if you made the purchases which are on the statements which were sent to you on a monthly basis at the above address from the Halifax"
I'm not sure how to respond to this, so any help would be appreciated. My initial thoughts are that in my last letter to them, I asked them to clarify if a true copy of the agreement actually exists, and I feel they haven't responded to this, so why should I reply to their queries?
Thanks
ah001
I have now received a letter from 1st credit saying they are looking into the issue and requesting further information from me. I am unable to scan he letter until later in the week, but the gist of it is:
1. Under section 3(2) of the Consumer Credit ( Cancellation Notices and Copies of Documents ) Regulation 1983, various information may be omitted from the true copy. The letters says " Details which are not required to be in the agreement by law include the signature box, signature and date of signature. Therefore the effect of Regulation 3(2) is that the creditor is only obliged to send out a generic copy of the agreement the debtor has signed up to. The creditor is not obliged to make an actual photocopy of the agreement.
"We consider you request under the act has been fulfilled however given your comments the matter has been referred to our legal department for their comments."
2. They then ask me to clarify some information, saying " I would like to point out to you a request under section 77-79 of the Act is a request for information and does not indicate a dispute. Please clarify the exact nature of your dispute and please clarify if you made the purchases which are on the statements which were sent to you on a monthly basis at the above address from the Halifax"
I'm not sure how to respond to this, so any help would be appreciated. My initial thoughts are that in my last letter to them, I asked them to clarify if a true copy of the agreement actually exists, and I feel they haven't responded to this, so why should I reply to their queries?
Thanks
ah001
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