CCA Requests not actioned, what now?

Photogaz

Having sent a number of CCA requests, only the ones that the debt was bought have responded saying they are finding the information.

PRA for example have only so far sent the statement.

The others who are still with banks have failed to respond now within 12 days. I'm doing this for a friend and she is keen to do full and final settlement offers and get it all cleared.

What should be the next action? Wait longer or start sending Full and Final offers?

sourcrates

Hi,

The 14 days allowed for a responce are just guidelines, you can expect to wait up to a couple of months in some cases.

Until they do respond, the accounts are(temporarily) unenforcable in court, give it a few more weeks before you send a reminder.

poppasmurf_bewdley

Under no circumstances make any offer, of full and final, or any other type of settlement until you receive the information demanded by the CCA request.

As Sourcrates says, until they respond the accounts are unenforceable in court or anywhere else, and can be ignored.

Photogaz

Nationwide have sent back the CCA for a pre-2007 account with a series of statements of the account in defualt plus a signed copy of a document in 2006.

The card number is different to that of the account's current number.

What does that mean?

I'm told that Nationwide said there was no PPI on the account when a claim was previous made. However, the signed copy clearly shows this as ticked.

Any advice?

poppasmurf_bewdley

Photogaz wrote: »

Nationwide have sent back the CCA for a pre-2007 account with a series of statements of the account in defualt plus a signed copy of a document in 2006.

The card number is different to that of the account's current number.

What does that mean?

I'm told that Nationwide said there was no PPI on the account when a claim was previous made. However, the signed copy clearly shows this as ticked.

Any advice?

It sounds as though they have sent details of the wrong document, and therefore not complied with the CCA request.

What is the document they have sent? Does it belong to an account of your friend? Does he have another account with them which did have PPI?

Photogaz

It's definately a CCA document, but the card details are different to the other statements. The person I'm helping isn't sure if they had another card with Nationwide but they did have a current account and a mortgage.

What's the next course of action recommended?

sourcrates

Photogaz wrote: »

It's definately a CCA document, but the card details are different to the other statements. The person I'm helping isn't sure if they had another card with Nationwide but they did have a current account and a mortgage.

What's the next course of action recommended?

Without seeing the document it's impossible to say with the few facts you have shared with us.
Enforcability or otherwise, can be difficult to prove, especially if your not even sure the account is there's or not.

Photogaz

Thanks for responses. Please see the document attached.

The card number (that I blanked out) is a different card number to the statements provided. Though the signature is her signature.

I'm guessing the card number changed along the way, but what happens in that case?

Is it not worth calling and just clarifying? Then I can send off the Full and Final?

sourcrates

Is that all they have sent ?
It appears to be missing the 'prescribed terms' applicable to the account.
Am only on my phone so can't really see it that well, will look again later on pc.

Photogaz

This and statements for the past 3 years with the account on default.

sourcrates

Photogaz wrote: »

This and statements for the past 3 years with the account on default.

Terms and conditions are absent, for an account of this age, that renders it unenforceable, as case law has already been established, the courts are not permitted to rule on agreements with missing terms, for an account taken out prior to April 2007, so she could just walk away if she chose to.