26 Nov 2019

A question about : Santander CCA Request Returned

Hello,

Back to the only decent source of information I seem to be able to find. All of the usual 'advice lines', FOS etc, are a complete waste of time.

I have been trying to obtain a copy of the terms and conditions of my loan for some time now. I'm not trying to wriggle out of paying for it or anything like that.

Initially, I made an informal request via the telephone. Despite being told numerous times that they had been sent out they never arrived. So I sent a formal request using Section 78 of the Consumer Credit Act, in writing.

I received a response very quickly, although it was a bit of a surprise! Apparently s78 does not apply to my agreement and they are unable to comply with my request.

This is a fixed sum bank loan.

What next?

Best answers:

  • s77 applies to fixed sum loan agreements.
    s78 applies to running account agreements (credit cards etc)
    So technically they are correct, although also being deliberately pedantic and awkward.
    Resend with reference to s77 and they will have no excuse to avoid complying.
  • Amazing. I have spoken to anyone you can possible think of this morning, all of which were totally useless. I post on here and four minutes later I get a response. Thank you very much
    It certainly seems that they are being pedantic. What was to stop them from replying saying "actually you mean section 77. Here is what you need."
    Nothing that I can see.
  • Apart from sheer bloody minded awkwardness? But that is Santander all over.
    Glad that helped.
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