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Old 04-11-2009, 12:44 PM
Belstar Belstar is offline
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Default Is the FOS Right??

Hi Guys,

Background information first.

A credit card company supplied a copy of an express application that just had my name, address and my signature and some blurb about assessing the application with the CRA's and said that this was my certified properly executed copy of a CCA as they had alos supplied the t&c's that were applicable at the time.

The application did not have their signature, did not have the prescribed terms and the t&c's are from the present day not those that were applicable in 2001 (I could tell from the amounts for bounced cheques etc).

DCA's have come and have been suitably disatched over the years and I took the decision to complain about the said bank to the FOS.

A guy from the FOS called me back today and said that the bank had fulfilled their obligation by sending me what they had and that I had weakend my case by complaining to the FOS?? I quoted sec 61(1) and various court cases to him and he said it doesn't matter, the bank have fulfilled their obligation regarding the CCA 1974 and that the only thing that the FOS can do is get involved if the bank is being unfair and so far, they haven't been unfair! Other than that, he doesn't feel the agreement is unenforceable

He said that if I wanted to take it further I would need to go to court and that it was another government body that I would need to complain to (whose name escapes me) on the technicalities of law.

He said he could write and ask them for the missing paperwork but that they would probably send what they already have done.

1. Is the guy from the FOS talking out of his behind or are the issues on the law being blurred by interpretation?

2. Shall I let them write to the bank or withdraw my complaint?

3. If the FOS find in favour of the bank, will this weaken my position should it go to court? After two years of doing nothing I can only assume they haven't gone to court for a reason

Your thoughts?

B
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  #2  
Old 04-11-2009, 01:25 PM
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dpick dpick is offline
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Hi the FOS twit may be right in that they have sent you all they have regarding s78 CCA 1974 thus they may have complyed with your request the bigge is do the documents they have sent represent an enforceable agreement as per s127(3) CCA 1974 for agreement prior to the 2006 amendments.

Help I am getting as bad as a DCA using the word MAY in my posts.

dpick
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Old 04-11-2009, 01:36 PM
Belstar Belstar is offline
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Aaah! I think this is where people get confused.

I do not belive that the agreement is enforceable as they have sent me an application form, not the agreement. The application form only includes my name, address and signature. There are no t&c's within/before the signature box. The t&c's they have sent appear to be the most recent. Do you want me to go on??

My question is, if I get the FOS to continue with my complaint, will it weaken my case should it go to court. So far the bank have done diddly because I suspect that they know the agreement is uneforceable.

Cheers

Bel

PS. Your spelling will never be that bad that we could call you a DCA!!
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Old 04-11-2009, 02:45 PM
BOUDICCA BOUDICCA is offline
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Personally, I wouldn't have anything to do with the FOS!

They may be alright on PPI and such matters but not the CCA;
the CCA is NOT within their remit: emphasis added.

Incidentally, the firm has not fully complied by sending recent T&C's, they must provide the inception Terms and Conditions.

Would you case be weakened if you allow the FOS to go ahead?

Yes, undoubtedly, once they obtain the complaint not upheld from the FOS, that will be used against you by the firm in the future!

BOUDICCA
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Old 04-11-2009, 03:06 PM
Belstar Belstar is offline
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Thanks Boudicca,

I think in his own way the guy at the FOS was trying to help me out as he said he would put it on hold and not do anything about it until I had taken further advice!

I will get back to him tomorrow to withdraw the complaint.

Thanks for the help,

B
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