CCA help please: Moorcroft replies with returned postal orders

SpagBol

poppasmurf_bewdley wrote: »

We all know that a CCA isn't valid if it's for an overdraft (unless renewed annually), but if the original debtor or DCA cannot provide the required CCA information, then they will not know the debt is for an overdraft, will they?

So there's no harm in trying it on.

This is true!


I've had one response saying it's exempt as an OD so fair enough, will see what the others say.


And all my ODs were in existence for many years!!

sourcrates

The 12 days are just guidelines, expect a month at least.



Recon agreement is acceptable.


Accounts remain unenforceable till compliant paperwork is sent.

SpagBol

I've just looked through the response from Barclaycard again and they have provided a sheet printed in 2007 (Barclaycard Conditions), account started in 2012 and there is nowhere at all to suggest this was agreed to. Should I write back and ask for the full, signed CCA?



I'm a bit confused now as to why they don't have to provide a signature!

SpagBol

sourcrates wrote: »

The 12 days are just guidelines, expect a month at least.



Recon agreement is acceptable.


Accounts remain unenforceable till compliant paperwork is sent.

Thanks Sourcrates, cross posted with you there! Is it possible to check whether they have the original agreement or should I just put this one in the "complies" pile?

sourcrates

Look at the consumer credit act legislation, sec 77/79 no where does it state they must provide a copy agreement with a signature on it.

If its not written in legislation, they don't have to provide it.

Basically if your agreement is dated after April 2007 only a few basic details are required to fulfil a CCA request.
The requirements for a signed agreement and the provision of the prescribed terms was removed on the above date.

SpagBol

sourcrates wrote: »

Look at the consumer credit act legislation, sec 77/79 no where does it state they must provide a copy agreement with a signature on it.

If its not written in legislation, they don't have to provide it.

Basically if your agreement is dated after April 2007 only a few basic details are required to fulfil a CCA request.
The requirements for a signed agreement and the provision of the prescribed terms was removed on the above date.

That's really helpful, thanks Sourcrates.

SpagBol

Ok, strange one... I've just gone on to DH's Noddle and the MBNA debt isn't there. There is an MBNA one under closed accounts saying settled but it was updated in 2014?



I'm sure the MBNA was there last time I looked (when I did the CCAs I used it and I often check for the latest balances).


Only thing I can think is they can't find the CCA! I haven't had a response from them and I sent them over a month ago.



How would I find out? The debt is with PRA. Presumeably, PRA would say we still have to pay...

SpagBol

I've just logged onto his Credit club account and MBNA is on there with a zero balance and PRA have appeared with the balance so maybe Noddle is just a bit slower!