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CCA advice please

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13

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  • vordhosbn
    vordhosbn Posts: 99 Forumite
    weller711 wrote: »
    Sorry didn't read your question right, you need to add 12 working days and 2 other days, eg: if you sent it tomorrow they have until 4 July which is the date you need to put in your letter

    Thank you!.

    I dont think I would go as far as reporting them and asking for a refund if they dont come up with the CCA, peace of mind is enough for me, so forgetting the debt will be great, wouldnt want to push my luck.
  • Crown
    Crown Posts: 1,377 Forumite
    Mrs7ones wrote: »
    Hi,
    can I just clear something up here??
    I have had a letter re a 'supposed' missed payment on a credit agreement from 2002.....
    I wrote to them asking for a copy of the original agreement, and they sent me a copy of the details that were passed to them (the collection agency) 2 years ago from the original creditor. It is not a credit agreement, just the details of the debt....

    Can I write back to them and insist on a copy of a signed agreement???
    I'm not at all sure if I would have signed anythin in the first place as I think it was car insurance done over the phone..... Would that mean I wouldn't have to pay up???

    where do I stand on this???

    You can request the signed CCA as if they dont have this then they cant really take you to court over it. Morally though you still owe this money and even if they dont take you to court it doesnt mean that they will just write it off. give it a try and see what there reponsse is.
    Official DFW Nerd Club - Member no. 297 - Proud To Be Dealing With My Debts :D
  • vordhosbn
    vordhosbn Posts: 99 Forumite
    Help again please, on the letter I was sent there is two reference numbers the first being the moorcroft reference number and the second being the client reference number...is it the moorcroft reference number I write on the letter? I hope so as I have just written it and dont fancy doing it again!!
  • fatbelly
    fatbelly Posts: 23,014 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    If you've written to Moorcroft, with the Moorcroft reference number, they should pass on your request to their 'client', i.e. the catalogue company they are collecting for.

    Personally, I'd have written direct to the catalogue company with a copy to Moorcroft. But it should still work.
  • vordhosbn
    vordhosbn Posts: 99 Forumite
    Oh dear, well I've done it now so I'll have to hope it does the trick, thanks.
  • chrissieo
    chrissieo Posts: 56 Forumite
    I am having problems obtaining my original T&Cs from MBNA, someone has suggested that I submit a CCA request. Could someone please explain exactly what this is and is there a template for this. I have looked through this thread but most of the posts seem to be about disputing debts. I am not disputing that the debt is owed but require my T&Cs incase MBNA decide to go to court when I have submitted my MCOL.

    Chrissie
    When one door closes, another one always opens, but sometimes it's hell in the hallway:rolleyes:
  • Can anyone advise me my next step please?

    I have given Dlc the necessary 44 days to reply to my request for a CCA. Sent it recorded delivery 12 June have just had reply from Hillesden(?) with the CCA this week 9 August 2008, way overdue.

    Can I now write again to them - I have sent all the non compliance letters etc - saying that this debt is now unenforceable? Can they actually still continue to collect?

    Need advice urgently as they have sent me another letter today saying they will look to collect debt within 14 days. This was from Hillesden who I know thru CAG that they belong to Dlc but I have never been informed who they are and I have only written to Dlc. I will not acknowledge Hillesden as I have never been informed of their involvement.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    c.smith1 wrote: »
    Can I now write again to them - I have sent all the non compliance letters etc - saying that this debt is now unenforceable? Can they actually still continue to collect?

    They are prohibited from enforcing the debt while they are in default of your request. Once they comply (even outside the time limits) they are entitled to enforce the debt again.

    However, whether the agreement they have sent you complies fully with your request or is intrinsically enforceable in itself is another issue.

    Without being able to see they agreement as supplied it is impossible to make a judgement on that. Might be worth posing a scan of it on CAG, where there are many people who have looked into that area?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Thankyou for replying so quickly.

    They have eventually sent me a copy of the Credit Agreement with Chartered Trust Plc but my debt was apparently with Black Horse It was signed by me on 3.5.99 and then by Chartered Trust on 6.5.99.(I think - it is hard to read)

    The reason this all began was I was made redundant and I was convinced I had a protection plan but they said I didn't so I have made regular payments WITHOUT FAIL until recently when I requested the CCA and said until I receive it I will stop payments. I have only this copy credit agreement nothing else, so will I have to start making payments again now?

    I am not in good health and am in receipt of incapacity benefit only so any payments will be hard. I was paying £12 per month (they harassed me continually so it would increase). To start with it was £5 per month.
    The balance is something like £200. If I have to start paying again do you think I could get it back to £5 per month?
    Regards
  • MRDOLLAR
    MRDOLLAR Posts: 118 Forumite
    Part of the Furniture Combo Breaker
    what does a valid CCA look like or should look like this is what i have been sent.


    http://i941.photobucket.com/albums/ad255/MRDOLLAR/MrDollar.jpg


    This cca was late as i requested as previous posts 12+2 days but was in 30 days after!!
    What steps to take now or any template letters?
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