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EMMA CAREY (Claimant) v HSBC BANK PLC (Defendant) & OFFICE OF FAIR TRADING (Intervener) : SHAFEEL YUNIS (Claimant) v BARCLAYS BANK PLC (Defendant) & OFFICE OF FAIR TRADING (Intervener) : SAMANTHA CONN

The court gave guidance in relation to practices to be followed by creditors in discharging their duty under the Consumer Credit Act 1974 s.78 to provide copies of credit card agreements in response to requests by the debtors, and about the consequences of non-compliance with s.78.

19 January 2010

The court had to determine preliminary issues arising between the claimants (C) and the defendant banks (B) concerning requests for copies of credit card agreements under the Consumer Credit Act 1974 s.78 and non-compliance with that provision. C had requested copies of their agreements with B under s.78 and subsequently issued claims concerning B's responses. The court was required to determine (i) whether a creditor, in responding to a s.78 request, had to provide a complete copy of the original document that was signed by the debtor or a copy derived directly from that original agreement or complete copy thereof, or instead provide a reconstitution of the original agreement which might be from sources other than the signed agreement, and whether a copy had to include the debtor's name and address as at the date the agreement was made; (ii) if an agreement had been varied by the creditor under a unilateral power of variation, whether a copy of the executed agreement as varied was ...

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