Another cca thread

biggaz26

Hi guys,

Ive sent the 1st 12+2 days CCA request.

Recieved a letter saying it was being looked for

Sent the 2nd letter saying that as I hadnt recieved it in the 12+2 the debt was in dispute.

Recieved the CCA copy with a booklet for the current Argos card account

Sent the letter saying that its a non enforcable CCA due to the terms blah blah as no repayment details, interest amount, etc.

But Cabot just sent me a letter stating that even though the debt went into dispute that it isnt anymore as they have sent the information and it is enforceable.

Ive looked up the stuff on here regarding what the prescribed terms should be on the CCA and it would seem that mine doesnt contain them.

They refer to the bookley they sent which is the most uptodate copy of terms and conditions but havent sent one from when the account was opened.

Can anyone please just let me know if they now have to go to court to reinforce the debt or if they can just declare it no longer in dispute?

Im still not convinced that it is enforceable but when I read the posts on here about what an enforcable CCA should contain I find myself a little confused as to if those terms should be on the CCa or in an accompanying booklet.

Any advice would be well recieved.

Cheers then Ta

G:beer:

DarkConvict

If they goto court to enforce the debt via a CCJ, they would need a valid CCA.

If you have a scanner or access to one, scan in the documents sent. Blank out the personal details, uploading to a site like photobucket and post links to them on here. Im sure people can tell you if it is enforceable.

Creditors will often send out blanket replies saying that it is enforceable when it is not, all you can do then is say you consider this debt to still be in dispute, and any court action will be defended if they decide to proceed further. Failign that any further demands for payment will be consider harassment unless they can provide a valid CCA to prove the debt is enforceable. - State terms of a CCA needs, State what terms are missing. http://forums.moneysavingexpert.com/showthread.html?t=2078599

biggaz26

THanks for that.

Ill try to scan when i get home from work.

Its a store card so im guessing it requires Credit Amount, repayment details and interest amount of which it has none on the actual CCA.

They are however in the booklet which they supplied with the copy of the CCA. This isnt a booklet that was in effect when the card was taken out it is the curretn version.

So do I now send a letter stating that I still concider this debt in dispute and offer them a F&F settlement figure?

With all the interest and such the full amount is £500+ I was going to offer £100 as F&F settlement.

Any ideas?

biggaz26

Can anyone advise on the above.

Also had a letter from Link Finanacial saying there are not able to find a copy of my MBNA CC CCA. I have sent to 12+2 letter and the 30 day letter to follow up.

Is there another I need send or is that now it?

Sorry to be a pain in the 'arris!

Cheers

G

Tixy

Have you had a read of the posts/letters in this thread? http://forums.moneysavingexpert.com/showthread.html?t=2078599

Is there a default on the debt? If so you might want to try sending item 8 or alternatively there is a 'normal' F&F offer letter template on national debtline website.