CAA request updates / results part 2

never-in-doubt

BASSETT wrote: »

I sent off CCA request to 1st Credit who are dealing with my Marbles card debt. I started off with £1000 limit and 5 years later are due them £1300! I always paid minimum payment by direct debit and only cancelled that 6 months ago.
Anyways, I sent this request off on October 17 with £1 postal order, recorded delivery which they received October 19. Today I have received a copy of their complaints procedure saying that if they cannot provide a final response after 8 weeks, then they will send a response which will explain why they cannot provide a final response! I wish I had a scanner for things like this.
Anyway, what shall I do? Thats over 8 weeks.
Sorry, just realised I had sent them a cca chase letter on Dec 7 which states that I demand a copy of their complaints procedure which is what they sent.

The same has happened with Hillesden Securities, posted on same day, received on same day and just had letters saying they hope to provide a true copy

Until they provide a copy they are in default and so you just ignore them and continue not paying..... if they get in touch, send a copy of your original request and see what the delay is...

You should be sending this though; which is what i'd suggest you do: 4. CCA Dispute

stapeley

Unfortunately the terms of the Consumer Credit Act are subject to great misunderstand and incorrect interpretation by county court judges . Some have deemed agreements to be unenforceable some have ruled them to be okay . No firm legal precedent has been set ! With the Manchester test cases it is hope a clear precedent will be set and followed . It is my belief any ruling that goes against the credit industry will be challenged , as in the cases of unfair charges .
One case that would have set a huge precedent , if it had been allowed to go to court , was one where a CCA was not found , only copies of terms and condition etc were produced . The cases was bought by a claim company . There choice was , get their clients debt "written off" ,involving nearly £14,000 I believe, or risk it dragging on and possibly get taken to appeal. They charge a percentage for this work ,so it was a no brain er for them . For the credit card company it stopped the "green light " being given by the courts .
I am not clear on what the other "test cases " involve , but believe the credit card companies are hoping that reconstructed documents will be allowed as evidence and allowed to determine the enforceability of a debt .
Many believe this goes against not only the terms of the CC ACT but also common justice .

fermi

stapeley wrote: »

I am not clear on what the other "test cases " involve , but believe the credit card companies are hoping that reconstructed documents will be allowed as evidence and allowed to determine the enforceability of a debt .
Many believe this goes against not only the terms of the CC ACT but also common justice .

Well, anecdotal evidence suggests that MBNA have already given up on that one when it comes to court action.

chinawhite_2

Hi
I sent CCA 12 + 2 letter to my mbna cards (one MBNA and one ABBEY), cancelled the direct debit as advised and have still not received any copies of CCA. I have however started receiving calls from them !!!!!!!!! The payment was only due on the 9th december and its the first payment i have missed (except for one last year when my debit had a problem with the bank which they charged me £25 for) and last week at 8am in the morning i received four calls from them on my mobile.

I didnt answer and i blocked the number then yesterday i had a voicemail left saying "Hi **** give a call back can you on *******" as though it was a call from a friend but the number was obviously MBNA as it was only one digit different from the other calls. So, I have blocked this number, not sure what to do now though.

Do I just sit tight and ignore the calls and wait for the CCA or should I send them a copy of the CCA 12 + 2 letter ( I have also received letters from them including one from global vantedge).

any help appreciated thanks

never-in-doubt

chinawhite wrote: »

Hi
I sent CCA 12 + 2 letter to my mbna cards (one MBNA and one ABBEY), cancelled the direct debit as advised and have still not received any copies of CCA. I have however started receiving calls from them !!!!!!!!! The payment was only due on the 9th december and its the first payment i have missed (except for one last year when my debit had a problem with the bank which they charged me £25 for) and last week at 8am in the morning i received four calls from them on my mobile.

I didnt answer and i blocked the number then yesterday i had a voicemail left saying "Hi **** give a call back can you on *******" as though it was a call from a friend but the number was obviously MBNA as it was only one digit different from the other calls. So, I have blocked this number, not sure what to do now though.

Do I just sit tight and ignore the calls and wait for the CCA or should I send them a copy of the CCA 12 + 2 letter ( I have also received letters from them including one from global vantedge).

any help appreciated thanks

Hiya

Send this letter: 4. CCA Dispute to whoever own the debt and a copy to the DCA with a copy of your last letters, i.e. the CCA Request & the 12+2 day letter (if sent). Ignore the calls, I know they are a pain but for the time being just ignore them and send the above letter

chinawhite_2

Hi thanks for your reply, this letter is the same as the one i sent them on the 2nd december , do I send them this again with a copy of the original request and the one sent on the 2nd ?? just making sure Im doing the right thing !! and should I return the letters they sent me asking why debit had been cancelled with them - sorry to be a pain but it gets confusing !!

thanks

never-in-doubt

chinawhite wrote: »

Hi thanks for your reply, this letter is the same as the one i sent them on the 2nd december , do I send them this again with a copy of the original request and the one sent on the 2nd ?? just making sure Im doing the right thing !! and should I return the letters they sent me asking why debit had been cancelled with them - sorry to be a pain but it gets confusing !!

thanks

You sent this on 2nd Dec? Ok, well then you ignore them until they respond. Do not contact them again until such time they send a CCA. If they keep hassling you on the phone, send this: #2

Read this if you get stuck: Dealing with Bailiffs Harassment or this: Unenforceability & Template Letters II

chinawhite_2

Hi
thats great thanks for the help , will just keep blocking the numbers then !!!
thank you

stapeley

Rumours coming through the CAG website are that a Judgement will be announced at 10 am 24th Dec from the Manchester "test" cases. It is believed that the banks have failed in their efforts to get reconstructed documents allowed in enforceability cases. I wonderful Christmas present for us all ???

never-in-doubt

stapeley wrote: »

Rumours coming through the CAG website are that a Judgement will be announced at 10 am 24th Dec from the Manchester "test" cases. It is believed that the banks have failed in their efforts to get reconstructed documents allowed in enforceability cases. I wonderful Christmas present for us all ???

Well, i've just had an interesting meeting with someone actively involved in said test cases The *rumour* is - JUST that! It appears that our friendly judge has decided that 'if an agreement exists the lender should copy it and send it; why spend the time reconsituting one when it would easier and cheaper to photostat the original'....

Make of that as you will but it is music to my ears and what i'd argued all along. However, I do think they will allow the OC/DCA to report negative behaviour activity at the CRA's which is wrong, I mean if the agreement is unenforceable then technically our authorisation to share data is also unenforceable - i.e. the void contract (agreement) voids our authority...

I do hope they see sense and award judgement in our favour with this