One law for one and one law for another. That's how it seems to me today. I try to help people understand whether or not they have a credit card agreement which complies with the strict requirements of the Consumer Credit Act. To so this I do a Subject Access Request, under the Data Protection Act 1998. It is s simple request and the obligations likewise are simple. Make available what you have that relates to me.
So now in relation to SAR's for Credit Cards I am getting back a file of charges that have been levied. If I am lucky I get a pile of statements three inches think. What I seek and what I don't get is a copy of the original agreement signed (presumably) by both parties). Now why might that be? Perhaps it's because the agreement that exists (if indeed it exists) is not enforceable.ie it doesn't contain precribed trems as required by the CCA 1974.
If it doesn't have those terms it is not enforceable. Simple. So by not supplying a copy of this document by way of a subject access request, they give the applicant no chance to assess if he has to worry about the card being enforceable.
To counter this I now send each case that doesn't have an agreement sent within 40 days, to my solicitor who makes and application to court for an order that the agreement be supplied.
This causes the card company a problem as they have to comply or they can't enforce the agreement, but if they do try to comply they will be shown as not having an enforceable agreement.
If you have a problem getting your agreement. Call me and I'll set my lawyers on the case.
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