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Cca £1 payment problem

Hello

I have the CCA letters printed off ready to be sent by recorded delivery. Unfortunately I dont have a cheque book, so rather than send postal orders (which cost a bomb!) I have cheques from my dad

I have just noticed the cheques say something like a n other esquire and mrs a n other on them

AN being different initials than mine....

problem or not?

Thanks
«13

Comments

  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How do you have cheques from your dad?

    If he signs them there is no problem. At least you can be sure they do not copy the signature into the CCA.
    If you've have not made a mistake, you've made nothing
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    RAS wrote: »
    At least you can be sure they do not copy the signature into the CCA.

    Or that if they provide you with a document that has your dad's signature on it, you will have enough evidence not only for the creditor/dca to have his license revoked, but to take them to the cleaners 'bigtime'.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • awesome

    Thank you
  • hi, all sent by recorded delivery.......if anyone replies with a CCAgreement, how will I know if its enforecable?
  • indebtbigtime
    indebtbigtime Posts: 250 Forumite
    ok, not heard naything from the creditors.....not 1 of them

    so thats 28k of unenforceable debt until they prove things with the cca as I understand it

    should I now withhold payment from them - asking CCCS to distribute to the others
  • indebtbigtime
    indebtbigtime Posts: 250 Forumite
    bump bump bump
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    It is 12 working days plus two days and they can ask court permission to re-open the case if they produce the CCA later, but you may be looking a a considerable amount of unenforceable debt.
    If you've have not made a mistake, you've made nothing
  • indebtbigtime
    indebtbigtime Posts: 250 Forumite
    Thanks Ras. Postman turned up late with a response from Halifax.....lots of paperwork....

    what am I looking for?

    As for the others, should I tell CCCS not to pay them this month?
    tHANKS
  • Jesthar
    Jesthar Posts: 1,450 Forumite
    Heya indebt :)

    This is not my specialist subject, so you may want to wait for more expert advice, but I'd suggest informing CCCS of which creditors have not provided a valid CCA within the required timeframe, and see what they say about what to do with the payments. :)

    As to the stuff for the Halifax, you need to be looking for something with the terms of the credit agreement on it - interest rate, credit limit, and terms of repayment, I think - plus your signature, of course. If you can't find something like that, they're sunk. If you do find something which resembles that, then if you scan it and post it up in the CCA Request thread (http://forums.moneysavingexpert.com/showthread.html?t=767025), they'll be able to tell you for definite.

    Experts, please correct any errors here!

    ~Jes
    Never underestimate the power of the techno-geek... ;)
  • indebtbigtime
    indebtbigtime Posts: 250 Forumite
    Jes / all

    They have refused to provide a signed copy. This is what they have said


    I write in response to the request from yourself for a copy of your customer ceredit agreement under section 78 of the cca 1974.
    I have enclosed with this leeter a copy of your executed agreement , a copy of your current terms and cocnditions and a signed statement of your account.
    The copy of the agreement enclosed with this letter complies with the requirements of the CCA rEGS 1983 REG 3 (2)(b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providiong a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable.
    by providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further corresopondence with you regarding the requirements relating to the provision of copy agreements.
    If you are using the services of a claims management company we would like to remind you of the recent warnings issued by the Ministry of Justice and Citizens Advice Bureau. you can find more details about both at:

    http/ww,justice.gov.uk/news/newsrelease 170209a.htm and
    http//www.citizensadvice.org.uk/press_20090217
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