Please help- CCA Question

MissShoes

GeorgeUK wrote: »

If there is nothing to identify the agreement as belonging to you, then it definately does not meet the requirements of the CCA74.

There is a letter that you can send (the 12+2 day letter)
http://forums.moneysavingexpert.com/showthread.html?p=11635945#post11635945

Thanks George. It is just a photocopy of a generic, blank form. There is NOTHING on there WHATSOEVER...as I knew there wouldn't be as I hadn't signed one!

I will send that tomorrow- do I ned to enclose anything with it? Another postal order??

Thanks

Shoes

xx

Tixy

No - nothing to include, but worth sending recorded delivery I think.

MissShoes

Tixy wrote: »

No - nothing to include, but worth sending recorded delivery I think.

Thanks Tixy, I will.

MissShoes

Ok so I've sent the second letter to that creditor. I have receoved another response from another creditor. It basically says it recognises in the current economic climate that a lot of people are having difficulty maintaining their payments so (as I'm a valued customer and despite the account being held by a DCA) that they want to give me breathing space so instead of 39.9% APR, they would like me to reschedule the balance over 3 years at 0%.

Any thoughts? For me, this is a bargaining tool on their part and they are likely to try and get me to sign something for this new 'agreement'.

Thanks

Shoes

xx

MissShoes

bump bump bump

MissShoes

Also, I have been sent back two of the 1 pound postal orders- they are unmarked. What can I do with them? Cash them in somehow? Never had one before so not sure.

Thanks

please post!!!:rolleyes:

Shoes

xx

GeorgeUK

Have you sent a CCA request to this "other" creditor? Is this for the same debt or another one?

It is quite possible they are just trying to get you to sign a properly executed agreement, but is it for an agreement that was taken out before April 2007?

If you kept the receipt for the postal orders, you should be able to get the money back from the post office.

MissShoes

GeorgeUK wrote: »

Have you sent a CCA request to this "other" creditor? Is this for the same debt or another one?

It is quite possible they are just trying to get you to sign a properly executed agreement, but is it for an agreement that was taken out before April 2007?

If you kept the receipt for the postal orders, you should be able to get the money back from the post office.

Hi George- sorry for the confusion!

Ok- debt 1- I sent the CCA request to- they sent the blank form and I sent the 2nd letter recorded. No further action needed at this stage.

debt 2- I sent the CCA request to- received a p/copy of a storecard application form that I'm not sure if it complies

debt 3- I sent the CCA request to- and received this letter. I have sent the second CCA request letter but think that overlaps with this one from them. This agreement (catalogue) was taken out before 2007- does this mean anything?

Really appreciate all your help.

Shoes

xx

GeorgeUK

debt 1- I sent the CCA request to- they sent the blank form and I sent the 2nd letter recorded. No further action needed at this stage.

This one is fine and hopefully they won't produce a CCA later. It's not uncommon for them to start up again after a year so keep that letter safe - you may need to send them a photocopy.

debt 2- I sent the CCA request to- received a p/copy of a storecard application form that I'm not sure if it complies

If the application form does not have all the required prescribed terms, it has not met with requirements of s.77/78 You should then send them the 12+2 day letter.

debt 3- I sent the CCA request to- and received this letter. I have sent the second CCA request letter but think that overlaps with this one from them. This agreement (catalogue) was taken out before 2007- does this mean anything?

If they don't have an enforcable copy of the CCA, i'm sure they would like you to provide one for them. If they can't provide a copy of a properly executed and enforcable CCA then they cannot enforce any part of the agreement - including demanding payment. There is a good chance that they will try to put a default on your credit file if they haven't already done so.

Hopefully they won't be able to find a CCA for about 6 years by which time the debt will become statute barred.

MissShoes

GeorgeUK wrote: »

This one is fine and hopefully they won't produce a CCA later. It's not uncommon for them to start up again after a year so keep that letter safe - you may need to send them a photocopy.


If the application form does not have all the required prescribed terms, it has not met with requirements of s.77/78 You should then send them the 12+2 day letter.


If they don't have an enforcable copy of the CCA, i'm sure they would like you to provide one for them. If they can't provide a copy of a properly executed and enforcable CCA then they cannot enforce any part of the agreement - including demanding payment. There is a good chance that they will try to put a default on your credit file if they haven't already done so.

Hopefully they won't be able to find a CCA for about 6 years by which time the debt will become statute barred.

Hi all

well, I need some advice

Debt 1- sent 1st CCA letter, they sent a blank photocopy of a form(?!) and a letter saying that they didn't have a CCA but I need to pay them, sent 2nd CCA letter then TODAY received a letter from a DCA the account has been sent to. It says that the creditor has advised them that there is no CCA agreement for the account. They want me to phone them to discuss a repayment proposal!

What do I do now? The creditor has admitted there is no CCA, the DCA has said there is no CCA but they still want paying.

HELP!!! :eek:

Shoes xx