CCA help

Little_Miss_Sunshine

sourcrates wrote: »

Well there you have it in black and white, they can ask you to pay, but can do !!!!!! all to make you, your choice now !!!

This one will be filed in the unenforceable file I think

January2015

Little_Miss_Sunshine wrote: »

so - letters to MBNA tomorrow and we'll see how fast they sell it on.

Expect a letter from DCA before you get any response to second request for CCA from MBNA.

We CCA'd MBNA beginning December, response was non-compliant and we sent 2nd letter over Christmas. We've heard from DCA and CCA'd them since then and had response to say DCA are going back to MBNA for documents....but MBNA have gone strangely quiet on us

Little_Miss_Sunshine

January2015 wrote: »

Expect a letter from DCA before you get any response to second request for CCA from MBNA.

We CCA'd MBNA beginning December, response was non-compliant and we sent 2nd letter over Christmas. We've heard from DCA and CCA'd them since then and had response to say DCA are going back to MBNA for documents....but MBNA have gone strangely quiet on us

Thanks January - nice to know what to expect:)

fermi

A note of caution. I have seen lender say thing like the CCA has been lost, misfiled, cannot be located etc, only to find a few months or even years later out of the blue they stump one up. Doesn't happen that often if relative terms, but it is something to bear in mind.

Little_Miss_Sunshine

fermi wrote: »

A note of caution. I have seen lender say thing like the CCA has been lost, misfiled, cannot be located etc, only to find a few months or even years later out of the blue they stump one up. Doesn't happen that often if relative terms, but it is something to bear in mind.

Thanks Fermi. This is for a smaller amount £400 ish but its definately something to 'plan' for for the larger amounts - just in case. Am I right in thinking that 6 years from now it will be Statute barred??
Thanks

fermi

6 years from the last payment or written signed acknowledgement by you, yes.

Little_Miss_Sunshine

Update
M*NA N0 1 (£7K ) enforceable - the documents look real to be honest
M*NA NO 2 (£22K) Unenforceable - however they are still looking and would like me to pay anyway!
Lloyds (£6K ) enforceable - a recent one to be honest
Natwest 1 (£500) Unenforceable
Natwest 2 (£4K) enforceable

BC not heard yet.
Obviously they could turn up but .... I'm a happy bunny.

January2015

Little_Miss_Sunshine wrote: »

Update
M*NA N0 1 (£7K ) enforceable - the documents look real to be honest
M*NA NO 2 (£22K) Unenforceable - however they are still looking and would like me to pay anyway!
Lloyds (£6K ) enforceable - a recent one to be honest
Natwest 1 (£500) Unenforceable
Natwest 2 (£4K) enforceable

BC not heard yet.
Obviously they could turn up but .... I'm a happy bunny.

Have you had a letter from M*BNA No. 2 stating they can't produce it and at this time it's unenforceable. I thought you had just had the first letter with 8 pages of currents T&Cs (which is what I've had so far).

Well done on your progress with all this.

Little_Miss_Sunshine

January2015 wrote: »

Have you had a letter from M*BNA No. 2 stating they can't produce it and at this time it's unenforceable. I thought you had just had the first letter with 8 pages of currents T&Cs (which is what I've had so far).

Well done on your progress with all this.

last week we had 2 general letters and 8 pages of t&c. today 2 letters. Card 1enforceable and card 2 (the larger one) saying its unenforceable but would we still pay!

The letter says

Thankyou for you request under S78of the CCA (1974). Unfortuntely we are currently unable to comply with your request.
For as long as this continues, any debt outstanding remains unenforceable. we will not issue court proceedings against you to recover the amount owed by you either now or in the future.
However you should continue to make payments to your account if you have an outstanding balance. This is because your debt continues to existand has not been extinguished, so you continue to have an obligation to pay us.

and then it says they can contact us to request payment and report us to the CRA's

sourcrates

Little_Miss_Sunshine wrote: »

last week we had 2 general letters and 8 pages of t&c. today 2 letters. Card 1enforceable and card 2 (the larger one) saying its unenforceable but would we still pay!

The letter says

Thankyou for you request under S78of the CCA (1974). Unfortuntely we are currently unable to comply with your request.
For as long as this continues, any debt outstanding remains unenforceable. we will not issue court proceedings against you to recover the amount owed by you either now or in the future.
However you should continue to make payments to your account if you have an outstanding balance. This is because your debt continues to existand has not been extinguished, so you continue to have an obligation to pay us.

and then it says they can contact us to request payment and report us to the CRA's

All correct, they just can't use legal means to make you pay anymore.