CAA request updates / results part 2

~Brock~

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 ???

I realised long ago that CAG members view the world in a very rose tinted way, and cannot tolerate anyone who offers a non conforming opinion, which means that they all end up riding a tidal wave of mutual belief, no matter how misguided.

The facts, however, suggest otherwise.

http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

blueforyou

What is best to do in this situation?

1. You owe 5000 to the OC
2. They have just defaulted you (after not waiting for a financial statement to be recieved that you have completed!)
3. You want to settle your debts
4. You have made an offer previously of £100 per minth, but wanted interest frozen. (they did not accept this, hence the reciept of a financial statement from them)
5. The acount is terminated anyway, with CRA's informed etc.

Would options be:

a) complete the statement to get interest frozen and pay far less than 100 a month, hopefully remaining with the OC.?

b) wait for them to sell it on and CCA all concerned, thus pay sod all and take a chance on enforceability at a later stage?

c) Take option A, and CCA anyway?

Thinking out loud really, and option C seems fair.

Any comments?

never-in-doubt

CCA them - that'll teach em!

blueforyou

never-in-doubt wrote: »

CCA them - that'll teach em!

well, I've done that to a number of companies so far, so what the hell!

just a thought (and I'm following this here and on CAG), if a reconstituted agreement is sent, and they expalin why its reconstituted, the this is evidence that no true copy exists. If it had been, it would have been sent (?)

So, it cannot be enforced.

So, reconstitution is tacit acknowledgement of unenforceability.

Wouldnt that be nice!

cocker100

blueforyou wrote: »

well, I've done that to a number of companies so far, so what the hell!

just a thought (and I'm following this here and on CAG), if a reconstituted agreement is sent, and they expalin why its reconstituted, the this is evidence that no true copy exists. If it had been, it would have been sent (?)

So, it cannot be enforced.

So, reconstitution is tacit acknowledgement of unenforceability.

Wouldnt that be nice!

Hiya,

Been following this on CAG too!

There's no guarentee that a creditor will tell you why they have sent you a reconstructed agreement. They'll just send it and state that they have fully complied with your S78 request and will not correspond further!:mad:

The test cases last week have basically closed the door on unenforceability through non compliance of a s78 cca request as creditors can now get away with sending back any old c**p!:mad:

It may be that they dont have the original, but dont take it for certain. I was waiting for nearly a year for one creditor to produce one and they kept fobbing me off with excuses. Then out of the blue they produced it! It WAS completely unenforceable though and they still haven't persued it, despite me not paying them a penny for nearly a year!:D

If you had PPI, then this will help you greatly as if it was mis-sold, then this could void the whole agreement anyway! This is the case with this one of mine, and its now with the FOS as creditor refused accept this or refund me. When it comes through, (and it will be in my favour) the debt will be cleared anyway!

Nice!!:D

Cocker:)

never-in-doubt

cocker100 wrote: »

Hiya,

Been following this on CAG too!

The test cases last week have basically closed the door on unenforceability through non compliance of a s78 cca request as creditors can now get away with sending back any old c**p!:mad:

Hiya

Don't read too much as gospel what is on CAG right now - its a little out of sorts due to the internal bickering and point scoring.

Point of fact, though is nothing has changed. Have a mooch here for full details: http://forums.moneysavingexpert.com/showthread.html?t=2060575&page=56

The last page (i.e. that link) will show our responses - this is more of a true reflection. Basically, business as usual.

The door has certainly not been closed!

never-in-doubt

blueforyou wrote: »

Wouldnt that be nice!

See above post - don't worry, nothing much has changed

Continue with your unenforceability claim as usual. If they send junk, fine - let them take you to court! They then have the onus of proof and have to supply the CCA.

louiser123

hi guys,

i know this has been asked a thousand times!! but...

can anyone direct me to the template letter i need to send when a dca passess on a debt in dispute to another dca?

moorcroft have failed to produce any documents in four months bit have sold on/passed it to robinson way need to send letter asap!

thanks in advance

never-in-doubt

louiser123 wrote: »

hi guys,

i know this has been asked a thousand times!! but...

can anyone direct me to the template letter i need to send when a dca passess on a debt in dispute to another dca?

moorcroft have failed to produce any documents in four months bit have sold on/passed it to robinson way need to send letter asap!

thanks in advance

Hiya Louise,

Send this letter: 11. Account sold whilst in Default of CCA Request

louiser123

thanks NID your a star!!:D