CAA request updates / results part 2

cocker100

Thanks again N-I-D!:beer:

Not dwelling, just want to know that my gut feeling is right before I remove them from my DMP. :eek:
Obviously, if they are removed, payments to my other creditors will go up. Just dont want them to come back at me further down the line with a compliant agreement as the one supplied does contain my signature and if genuine, prescribed terms (albeit hard to read!) I'd then have to reinstate them into the DMP and therefore payments to other creditors would go down again. Just dont want to mess the others about as they have all been playing ball.

I know that there is no creditor signature, but i've read somewhere that courts have overlooked this when making judgement!

Thats why I SAR'd them, to see everything they have on me. For the sake of another tenner, do you think it would be worthwhile sending SAR to MBNA?

Cocker:)

never-in-doubt

cocker100 wrote: »

I know that there is no creditor signature, but i've read somewhere that courts have overlooked this when making judgement!

Thats why I SAR'd them, to see everything they have on me. For the sake of another tenner, do you think it would be worthwhile sending SAR to MBNA?

Cocker:)

I see what you mean - then it may be best just to leave the DMP intact, or come to some arrangement for a F&F with MBNA? A SAR is always a good measure to see if they do in fact have an original copy, if so they should send it with the SAR.

Thus if at a later date they decide to provide the original (say in court or whatever) then you'd use the fact they failed to include it in the SAR as extra weight in your case.... doesn't look good for them really does it, albeit the ICO have no real powers to do anything but confirmation (from the ICO) that they have breached the DPA holds you in good stead to prove to a judge that they do not follow processes...

cocker100

Thanks again N-I-D!!!:beer:

Think i'll get SAR request to MBNA typed up and posted out on Monday. I'll also draft another letter to Equidebt including a formal complaint about CCA request and SAR non compliance.

I'll also lodge official complaints with ICO (SAR) and FOS (CCA) to pile more pressure on!

Next DMP payment not due until 1st January, so might get something back by then!

I'll keep you posted!!!

Cocker:)

rebel2

Hi Everyone, Just wanted to let you know what has been going on with my cca requests since September. I did the usual cca requests to 8 alleged account all with DCA's. 3 returned with faulty CCA's, one with an illegible copy, two still want me to apply to the OC but have recieved all the 12+2 letters etc. One still refusing to send CCA claiming I havnt sent a £1 and one saying it has closed the file?. Iqor have passed on to Capquest which I am sending the 'you should not have received this account letter' tomorrow, they have sent me a letter saying solicitors fees are payable!. I have not opened the letter as I can read it through the envelope!. I have been having loads of phonecalls which I have sent the 'no phone calls or visit' letter but all they do is send me a letter saying they have removed the telephone number from the file but will put it back again if I dont comply with their request ie; pay them!.

Cabot have sent me reams of thier own rules and regulations twisting the law to suit themselves allways saying 'this is the final comment on the account, but then send another one!?. The thing is how do I complain to the OFT, TS and the ombusman?. Is it a good idea to telephone them or better in writing?. I keep saying in the letters that I will report them etc but need to know how to do it properly. Thanks for all your help so far, I'll keep my shield wall up!:D

fermi

Complain in writing:

Enquiries
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX

Email: [EMAIL="enquiries@oft.gsi.gov.uk"]Enquiries@oft.gsi.gov.uk[/EMAIL]

fermi

As fare as the FOS is concerned, reading this would be a good idea:

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/81/81-debt-collecting.htm

rebel2

Hi Again. This morning I recieved a letter from Bank of Scotland about an account that was originally with Iqor, who I CCA'd in September and produced a faulty agreement. On Thursday of last week I recieved a letter from Capquest about the account saying they had been passed it!?. The Bank of Scotland letter is in the form of a statement saying ' If I do not pay we could bring legal action against you and add charges with a default'?. What do I do now?. What letter would you send Bank Of Scotland?. Do I just ignor Capquest?. I'm a bit confused now!

RIANNA30

Can anybody give me some advice on what I should do next?

Being chased by a DC for a cc debt, originally with BOS. Have been through the cca process with BOS and several subsequent dc's, each time they have passed it back to BOS. BOS wrote to us to say that they did not have the cca at that time but would seek to provide it. They also stated that they realised that the debt was unenforceable without the cca, but that it would not stop them pursuing it.

As I said, it has been passed on several times, the latest DC is persistent to say the least, they haven't been able to provide the cca (doubt it exists,alleged debt well over 10yrs old) but have sent a copy of an application form. I have now referred the matter to the Financial Ombudsman and informed the dc of this, as I didn't feel we were getting anywhere.....nothing heard back so far.

Yesterday, DC has called OH at work re this debt, even though they know the account is in dispute and I'm pretty sure I've told them to only communicate in writing as well........what can I do next? I can deal with letters but phone calls at work are not good.

badgerbread

can anyone confirm for me if this a correct cca sent down by gm card thanks
http://s448.photobucket.com/albums/qq207/roger57/?action=view&current=gmcard.jpg

I also have a copy of their terns and conditions sent with it

fermi

badgerbread wrote: »

can anyone confirm for me if this a correct cca sent down by gm card thanks

Missing the prescribed terms, so if that is from before April 2007 it would be unenforceable in court.

It is an application form, not a credit agreement.

They have written "credit agreement" on it, but that doesn't make it one. I could type "credit agreement" the back of a Mars bar wrapper, but it wouldn't make it one.