CAA request updates / results part 2

leanne82duke

hi NID wonder if you can advise me?
so far i have applied for 3 cca requests sent the appropriate letters and had the response saying they can not suply them and the debt has either been dropped or has been sent back to the oc, which is fantastic thank you very much.

however the lewis group are being awkward, i recieved a letter this morning saying
"we refer to your recent letter in which you have stated that we are obliged to provide a copy of the agreement whether we ar the original creditor or not. Please note that section 189 of the consumer credit act 1974 relates to agreements which have had the rights and duties formally asigned to another party.
please be advised that we ar not the creditor or the asignees in this matter. the creditor is welcome financial services and we are merely instructed to act on thier behalf to recover any outstanding balance due.
notwithstanding the above, in any effort to resolve your dispute , we have obtained a copy of your agreement from our client and enclosed the same herewith."

so question 1 is are the legally obliged to sort this out or not?

they have enclosed a personal loan agreement, but it is not my signature on it and it has my maiden name on, in which the loan was originally taken out.
i was married in the april of that year.
it was also apparantly signed in lincoln where i lived at the time, but was "witnessed" by someone in wotton bassett, swindon, (this was where the original loan was taken out 2 years before this)
it does have the apr etc on but the amount says next to it "amount used to settle existing loan agreement No"
i am really confussed, what do i do next it is not me that has signed this, also i was 9 months pregnant on the 10/07/2004 so would have been slightl preoccupied!

so question 2 what is my best course of action?

hope you are well and you can help x

never-in-doubt

leanne82duke wrote: »

hi NID wonder if you can advise me?
so far i have applied for 3 cca requests sent the appropriate letters and had the response saying they can not suply them and the debt has either been dropped or has been sent back to the oc, which is fantastic thank you very much.

however the lewis group are being awkward, i recieved a letter this morning saying
"we refer to your recent letter in which you have stated that we are obliged to provide a copy of the agreement whether we ar the original creditor or not. Please note that section 189 of the consumer credit act 1974 relates to agreements which have had the rights and duties formally asigned to another party.
please be advised that we ar not the creditor or the asignees in this matter. the creditor is welcome financial services and we are merely instructed to act on thier behalf to recover any outstanding balance due.
notwithstanding the above, in any effort to resolve your dispute , we have obtained a copy of your agreement from our client and enclosed the same herewith."

so question 1 is are the legally obliged to sort this out or not?

they have enclosed a personal loan agreement, but it is not my signature on it and it has my maiden name on, in which the loan was originally taken out.
i was married in the april of that year.
it was also apparantly signed in lincoln where i lived at the time, but was "witnessed" by someone in wotton bassett, swindon, (this was where the original loan was taken out 2 years before this)
it does have the apr etc on but the amount says next to it "amount used to settle existing loan agreement No"
i am really confussed, what do i do next it is not me that has signed this, also i was 9 months pregnant on the 10/07/2004 so would have been slightl preoccupied!

so question 2 what is my best course of action?

hope you are well and you can help x

Hiya

Ok, funnily enough I done a letter last night for someone who claimed fraud; (i.e. the lender created a fabricated agreement!) have a read of this letter and amend it slightly to suit your needs - its a cracker! #1492

Dont worry though, there is little they can do and before any court will enforce anything, they need the original agreement.

Good Luck

leanne82duke

awesome letter, you have such a way with words!

there are 2 defaults on my account both for welcome finance
1- taken out on 21/07/2003 Monthly Payment: £108 over 24 months settled on 29/06/2004

2-taken out 29/06/2004 defaulted on 12/03/2007 for £1,671

are they one and the same?
i find it very odd that one loan ended and another began on the very same day?

also the dates dont match on the supposed cca they sent me the date of signing is 10/07/04 on credit expert the loan apparantly started on 29/06/2004

do you think i maybe ought to get a solicitor involved in this? its looking more and more dodgy the more i look into it.

RIANNA30

I've been requesting a CCA from a DC for nearly 12 months, they messed me about, continued to chase for payment until Sep last year when I received a whole load of paper through regarding the account. The cc account dates back to 1998 I believe so its unlikely that they have the cca I would think......

They sent me copy cc statements for the last 4/5 years, current terms and conditions and past terms and conditions, they also sent a blank 'Midland Bank' (prior to HSBC days) credit agreement form. It has the banks address and space for the customers name and address and space for a customer signature. There is no reference to any prescribed terms but makes reference to the attached terms and conditions, the oldest terms that they sent are for a Midland Gold Mastercard, but this was not the card that I originally had, it was upgraded to the Gold Card after approx 4 yrs.

I referred the matter to the Financial Ombudsman, I have now received a letter from the DC stating that they have complied with everything that they need to, but they will apply a goodwill gesture of £150 to the o/s balance for my inconvenience.
I really feel that they have still not complied with my request, but the complaint to FO does not seem to have rattled them, should I respond to this letter or wait to hear from the FO (they have been sent the letter also)??

hackenbush

I've received this CCA from Egg. There are 2 pages. I'm posting the 1st page. the 2nd page has signatures and date. does this seem compliant?

thnks.

never-in-doubt

leanne82duke wrote: »

awesome letter, you have such a way with words!

:rotfl:I do try and humilate them as best I can, by ripping their letters apart bit by bit (I went easy on HBOS though cos they had made the cardinal sin and used cut-paste too frequently lol)....

leanne82duke wrote: »

there are 2 defaults on my account both for welcome finance
1- taken out on 21/07/2003 Monthly Payment: £108 over 24 months settled on 29/06/2004

2-taken out 29/06/2004 defaulted on 12/03/2007 for £1,671

are they one and the same?

Yes. It would appear that they just transferred it internally by adding a default. So long as the dates match then it is the same account. Can I check, when did you last pay anything into this account?

I am assuming that it would have been in 2006/2007?

leanne82duke wrote: »

I find it very odd that one loan ended and another began on the very same day?

It never, it usually happens once a debt has been sold and thus the ownership has changed - an example being 1 = Welcome Finance & 2 = Their DCA. However, it appears they never assigned it to a DCA but instead kept it in-house thus their name is on both entries.

The default in itself looks fine from what you have said - regards to the dates on the CCA this wouldn't be grounds for unenforceability/complaint as a lender does not have to add data to the CRA, it is optional. The entry may have an incorrect start date but that causes you no loss thus you have no recourse to appeal or argue it. The actual default date itself is what is important and from your description, this appears fine (i.e. the dates match).

leanne82duke wrote: »

also the dates dont match on the supposed cca they sent me the date of signing is 10/07/04 on credit expert the loan apparantly started on 29/06/2004

See above point.

leanne82duke wrote: »

do you think i maybe ought to get a solicitor involved in this? its looking more and more dodgy the more i look into it.

Waste of money but you can do if you like. You need to get the CCA and see what it shows. I don't know enough about the history to advise further i'm afraid.

never-in-doubt

RIANNA30 wrote: »

I've been requesting a CCA from a DC for nearly 12 months, they messed me about, continued to chase for payment until Sep last year when I received a whole load of paper through regarding the account. The cc account dates back to 1998 I believe so its unlikely that they have the cca I would think......

They sent me copy cc statements for the last 4/5 years, current terms and conditions and past terms and conditions, they also sent a blank 'Midland Bank' (prior to HSBC days) credit agreement form. It has the banks address and space for the customers name and address and space for a customer signature. There is no reference to any prescribed terms but makes reference to the attached terms and conditions, the oldest terms that they sent are for a Midland Gold Mastercard, but this was not the card that I originally had, it was upgraded to the Gold Card after approx 4 yrs.

I referred the matter to the Financial Ombudsman, I have now received a letter from the DC stating that they have complied with everything that they need to, but they will apply a goodwill gesture of £150 to the o/s balance for my inconvenience.
I really feel that they have still not complied with my request, but the complaint to FO does not seem to have rattled them, should I respond to this letter or wait to hear from the FO (they have been sent the letter also)??

If they have not sent the CCA then they are in default and the DCA can take no formal action, i.e they cannot get any kind of judgment so they cannot enter your house nor can they add a ccj.

As you've reported this to the FOS i'd wait on their reply. However do not accept any payment at this stage, also you'd want payment made in cheque to you - not against the alleged debt. Bear in mind if the agreement cannot be found then you owe nothing so why should they reduce the debt? The money should go to you because you complained.

See where i'm coming from with this?

Different with charges and PPI - this is always deducted from any balance but you are talking about an external complaint and therefore any redress should be sent via cheque to yourself.

never-in-doubt

hackenbush wrote: »

I've received this CCA from Egg. There are 2 pages. I'm posting the 1st page. the 2nd page has signatures and date. does this seem compliant?

thnks.

No. It is not compliant. Send this: 3. CCA Query :beer:

I replied to your PM and asked you to post the content in a new post here: Unenforceability & Template Letters II

leanne82duke

1- taken out on 21/07/2003 paid them £104 per month until march 2004 (paid £936 by this point) then i defaulted and agreed to pay them £40 per month i did this until march 2007 (paid £1440 in this time period) £2376 in total.
at which point they stopped taking the direct debit from my account, i presumed it had been paid off,
a few months later i got some nasty letters from the lewis group saying that it hadnt been paid off and i still owed them a huge amount of money, me being me back then just set up another direct debit and continued to pay them £40 per month as before, they say i still owe them £700
the original debt was for appx £900,
so somewhere in between all of this the other loan has popped up.
are you as confussed as me??

also the cca i recieved this morning was dated for 10/07/04 its not the original agreement that i signed in 2003

never-in-doubt

leanne82duke wrote: »

1- taken out on 21/07/2003 paid them £104 per month until march 2004 (paid £936 by this point) then i defaulted and agreed to pay them £40 per month i did this until march 2007 (paid £1440 in this time period) £2376 in total.
at which point they stopped taking the direct debit from my account, i presumed it had been paid off,
a few months later i got some nasty letters from the lewis group saying that it hadnt been paid off and i still owed them a huge amount of money, me being me back then just set up another direct debit and continued to pay them £40 per month as before, they say i still owe them £700
the original debt was for appx £900,
so somewhere in between all of this the other loan has popped up.
are you as confussed as me??

also the cca i recieved this morning was dated for 10/07/04 its not the original agreement that i signed in 2003

Hiya

Ok gotcha! And this was Welcome, right?

There is no 'other loan' - it was the transfer from it being an 'active account' to a defaulted account that created the first entry to change status from whatever month in arrears or A/P to Settled. Then the new entry kicks in as it was transferred. That part is fine - you maybe miss the point of my explanation? You said yourself you defaulted in march 04, it can take anything up to 6 months to change from an active account to a defaulted one .

Can you confirm that it was indeed them that ceased taking the direct debit (March 07) and not you cancelling it or not having funds?

When then, did you last make any kind of payment to this account - rough date?

Also, can you confirm whether the CCA they sent you actually bears your signature or is it a reconstituted one?