Cca Requests Updates Please

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1204205207209210412

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  • Weekend_warrior
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    Hi all,

    I got 2 reply letters today from the same dca. (2 accounts)
    In both they said the have tried to get hold of my cca
    as I had requested in my letters dated 12/2/2009.
    They said they had asked the oc who can't supply them
    due to the age of the account. (could be also statute barred)
    but they still want my small monthly payments to continue.
    I'm paying them no more!
    What I want to know is what is the appropriate letter to send
    now that they have admitted they can't produce my cca's.
    Is the 12+2 day letter still appropriate in this case.

    W.W.
  • Bazza66
    Bazza66 Posts: 299 Forumite
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    jonathon wrote: »
    cap quest good or bad news. following my request for a cca today i received a letter back very quickly saying thay are putting my account on hold for 28 days while thay obtain the information required.
    is this good or bad ?

    Good news - still send them the 12+2 letter when the times up!
  • Bazza66
    Bazza66 Posts: 299 Forumite
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    Hi all,

    I got 2 reply letters today from the same dca. (2 accounts)
    In both they said the have tried to get hold of my cca
    as I had requested in my letters dated 12/2/2009.
    They said they had asked the oc who can't supply them
    due to the age of the account. (could be also statute barred)
    but they still want my small monthly payments to continue.
    I'm paying them no more!
    What I want to know is what is the appropriate letter to send
    now that they have admitted they can't produce my cca's.
    Is the 12+2 day letter still appropriate in this case.

    W.W.

    If you have not already sent the 12+2 letters and the time is due then do so - you dont need to send anything else after that - they know the rules and rog2 seems to think that this letter is more of a courtesy than legality which I am inclined to agree with.

    Sounds like a Lowell-Life response to me. Is it them?
  • Weekend_warrior
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    Bazza66 wrote: »
    If you have not already sent the 12+2 letters and the time is due then do so - you dont need to send anything else after that - they know the rules and rog2 seems to think that this letter is more of a courtesy than legality which I am inclined to agree with.

    Sounds like a Lowell-Life response to me. Is it them?[/quote

    Hi Bazza,

    The dca is aktiv kapital.
    Should I also include in the letter that I believe the
    accounts are also statute barred?

    W.W.
  • rog2
    rog2 Posts: 11,650 Forumite
    First Post Combo Breaker
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    The dca is aktiv kapital.

    AK :mad: :mad: - says it all, WW.

    Do not tell them, in the 12+2 day letter, that you believe the 'debt' to be Statute Barred.

    Just send the letter 'as is' - if, or rather when, they start harassing you again then you can send them the statute barred letter. But not now as that will serve to 'keep the subject open' as far as AK are concerned.

    For the moment you just need to play on the fact that they AK are 'in default' of their legal obligations under the terms of the Consumer Credit Act, and that they can not legally enforce the agreement.
    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
  • stapeley
    stapeley Posts: 2,315 Forumite
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    jonathon wrote: »
    cap quest good or bad news. following my request for a cca today i received a letter back very quickly saying thay are putting my account on hold for 28 days while thay obtain the information required.
    is this good or bad ?
    good means they cann,t find it !
  • stapeley
    stapeley Posts: 2,315 Forumite
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    Hi all,

    I got 2 reply letters today from the same dca. (2 accounts)
    In both they said the have tried to get hold of my cca
    as I had requested in my letters dated 12/2/2009.
    They said they had asked the oc who can't supply them
    due to the age of the account. (could be also statute barred)
    but they still want my small monthly payments to continue.
    I'm paying them no more!
    What I want to know is what is the appropriate letter to send
    now that they have admitted they can't produce my cca's.
    Is the 12+2 day letter still appropriate in this case.

    W.W.
    Please look back over thread there are BOG OFF letters
  • Icanandwillsavemoney
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    I hope someone can help me.

    I sent off a CCA request with £1 although I am not entirely sure what I should have received back. I keep reading about prescribed terms?

    I would post a copy but the writing is so small, I have had to use a magnifying glass to read it!!! Not the best copy.

    The covering letter states that they have sent me a copy of your latest executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you enetered into the agreement. However, the interest rates have been omitted and the fees and charges have been suspended and no longer applicable due to the current status of your account. (My account is in recovery - payment plan with nterest frozen but I have stopped payments from Dec as I just can't afford it anymore).

    They have sent me a statement of account but the documents say they are notice of arrears (3 pages with very little on) and a copy of the account conditions. It does state 'this is a copy of your agreement for you to keep. It includes a notice about cancellation rights which you should read.'

    Looking over it has the following:
    • These are a copy of the terms and conditions of an agreement between us (Barclays Bank Plc) and you (the person who signed this agreement) - This is just a photocopy of what looks like a leaflet. There is no signature.
    • It states standard balance APR's for 3 different tyes of accounts.
    • The charges are £20 for a returned DD etc I took this card out approx 2001/2002
    There is no where to sign it if it is an agreement but there is a cancellation box.

    Finally, the covering letter states This completes our obligation to you under section 78 of the Consumer Credit Act 1974.

    What should I be looking for?

    I have sent off a Subject Access Request today and it detailed that I want a true copy of the original executed agreement. Is there anything else I should be doing?

    Thank you in advance for any help and advice you may be able to give.
  • Weekend_warrior
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    Hi all,

    I'd like to thank everyone who has helped me despatch
    some of my dca problems.
    Your advise has been invaluble to me over the past few
    months and has so far saved me in problem debts of
    approx £8,000+.
    These debts I know may rear their heads again in the
    future, but I am glad to have "Friends" online who I
    can turn too.
    Many thanks to you all, I owe every one of you!

    W.W.:T +:beer: TO YOU ALL.
  • banana1975
    banana1975 Posts: 309 Forumite
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    Bazza66 wrote: »
    Sounds like an application form to me and also with it being illedgeable they would not be able to enforce it.

    The prescribed terms should be as in this post :

    http://forums.moneysavingexpert.com/showpost.html?p=17056149&postcount=1551

    I personally think yours is not enforceable from what you say but without actually seeing it I cannot guarentee that.

    Hi.

    If after I get someone to look at the CCA that Cabot have sent me. What letter do I send to them to say that I believe this not to be a "true" CCA and only an application form. Also as I cannot read the information on it can I request a better copy?
    Also I forgot to mention that they have sent me through representations of letters that would have been received in 2004 and also 2006 which I can honestly say that I did not receive. The fact that they passed on the debt to another DCA and then they passed it back without telling me and used my Mums address rather than the one on file is a joke.
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