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cca request next step - advice please
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worn_out_mum
Posts: 52 Forumite
Hello,
I requested cca's from my creditors back in March, one came back with a signed cca, two didn't. I sent the two dca's that couldn't provide ccas letters last week saying that as they have gone over the 12+30 day limit I wanted them to cease all contact and remove the defaults on my credit file, as they have not provided the information.
I received a letter from Robinson Way today saying that they will provide a reconstituted cca to fulfil my request but I haven't received it yet and that the balance is outstanding and rightfully due.
The original account was opened with Tesco in September 2004.
Could anyone please suggest what I could write back to them with?
Thank you
wom
I requested cca's from my creditors back in March, one came back with a signed cca, two didn't. I sent the two dca's that couldn't provide ccas letters last week saying that as they have gone over the 12+30 day limit I wanted them to cease all contact and remove the defaults on my credit file, as they have not provided the information.
I received a letter from Robinson Way today saying that they will provide a reconstituted cca to fulfil my request but I haven't received it yet and that the balance is outstanding and rightfully due.
The original account was opened with Tesco in September 2004.
Could anyone please suggest what I could write back to them with?
Thank you
wom
0
Comments
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Hi,
A reconstituted agreement is acceptable, and there is no requirement for a signature either.
What it MUST contain, are the "prescribed terms" that were applicable to your agreement at time of signing.
The prescribed terms include the interest rate payable, the credit limit, how and when you are expected to make repayment, and typically, how much to repay, amongst others.
If these terms are missing, then the account cannot be enforced through the courts (case law exists on this).
So wait and see what they send you.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
The account is unenforceable until they comply.
It is therefore of a lower priority than your enforceable debts and you could ignore them until they either comply or start a court claim. You could write to explain this but it's probably not worth the effort.
When the reconstituted agreement arrives it must contain the address you were at at the time, and the terms and conditions that applied at the time.CONC 13.1.4:
(3) The terms and conditions should be those applicable at the time the agreement was executed. The name and address at the time of execution must be included.
(4) The reconstituted agreement should contain a heading prescribed by the CCA and any relevant cancellation notice.
(5) If the reason why no copy is given in response to a request under these sections is that there never was an executed agreement, the firm should acknowledge this in its response.
(6) If the agreement has been varied, the duty is to provide not only a copy of the agreement as originally executed but also either:
(a) a copy of the latest variation given in accordance with section 82(1) of the CCA relating to each discrete term of the agreement which has been varied; or,
(b) a clear statement of the terms of the agreement as varied.
(7) Further, section 180(1)(b) of the CCA and regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 expressly allow certain matters to be omitted from the copy. There may be excluded from the copy of the executed agreement to be provided under these sections:
(a) any information relating to the borrower, hirer or surety, or information included for the use of the lender or owner only, which is not required to be included by the CCA or by any regulations made under the CCA as to the form and content of the agreement;
(b) any signature box, signature or date of signature;
I think you were pushing it a bit to try to get them to remove defaults if you have actually defaulted.0 -
Thank you for your replies, how long should I wait now? I sent the original cca request back in March0
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There is no absolute time limit, and not really a way you can reasonably force their hand, so with these things it's usually a stalemate until they comply or give up.
Have a look at the failure to comply section here
https://www.handbook.fca.org.uk/handbook/CONC/13/?view=chapter
If RobbersWay have broken any of those rules in how they worded their replies, you could make a complaint saying you are reporting them to the FCA. May not not any good, but sometimes a small prod on a compliance issue helps.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Thank you Fermi, I'll have a read through.0
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