Lets All Ask For Our Cca!

Bluerover

Okay can someone help. This all started when got a letter 4.1.08 from Lowell Financial regarding a "debt" from someone called SAV...I sent for my credit report(seeing a Default had been issued by SAV" I wrote to Lowell on the 4/01/08 in the ongoing letter writing they never really acknowldged the letters I sent but carried on throught their "procedure" I think given some letters and said they were requesting the information for the CCA 10.3.08 they wrote saying I would hear no more from them till the CCA was eventually after weeks, sent me a letter 18.2.08 saying the "We refer to our recent request for the orginal credit agreement in respect of the CONSUMER CREDIT ACT.
After liasing with our client in an effort to obtain this document we have ben advised that it is no longer available. Under the circumstances, we have closed ou files in realition to this account whichhas been returned to our client. No further contact will be made by us"

Therefore on 23.2.08 I wrote to SAV/Halifax. and sent them a request for he CCA and a copy of the letter fom Lowell saying it was no longer available. Heard nothing. Have copies of £1 PO I sent and recorded delivery proof.
8th April...I sent the 12+2+30day letter and enclosed copies of my orginal letter to them, a copy of the letter from Lowell saying the CCA did not exsist and nothing................sent for my Credit file again adn saw SAV/Halifax had removed the Default.......Total happiness.

Yesterday, I received a letter from AQUA/Halifax saying they are replying to my letter dated 8th April......and they will not remove the default (they already have) can the reinstate it? They also say the above requested documents (CCA) will be forwarded by seperate cover.... ...what do I do now?

I think it will be sit and wait and resend for my credit file as I now know they update 1st week of the moth I will send for it next week and get up to date info.

Can they reinstate the default even if they have on all three credit ref agencies removed it previously. I am gutted, but not out.

kel123_2

bluerover

Never be amazed at what they do!

On the 15th of Aug 2006 GE wrote off my balance (yipee) on the 21st Aug 2006 Link bought it and reinstated it? I am fighting them ofcause. I only fond this out 7 days ago.

If they couldn't find it yesterday then the chance of finding it today are minimal (but still a chance) it is more probable that Aqua are chancing their arm and are playing a syphcological (spelling) game by putting the thought in your head. I agree wait and see but be prepared to sent off a 'this account is in dispute letter' when the CCA does not arrive and they send you the next letter.

Kel

pamril1

My OH is currently disputing an alleged debt that 1st Credit are pursuing him for. He had an a bank loan with their clients which as far as he is concerned was paid off in 1998 by DD. We have sent off various letters (not acknowledging debt) to no avail including a statute barred letter but they have come back saying that a payment was made in Oct 2002 (My OH didn't pay anything in 2002!) so as far as they are concerned its not statute barred and will continue to pursue the debt. In their letter they state that "their client are unable at this time to provide proof of this but will provided a written affidavit to use in any court proceedings".
If they have no proof how can they say a payment was made!
I'm think they are trying their luck so we have sent a CCA to them on 30/5/08.
Without a statement showing the payments on the account from my OH surely its unenforcable?
So we wait the 12 days and see what happens.
If we hear nothing do we send another letter requesting they drop the matter?

purplebert

Hi, i wonder if i could get some advice, i have sent my original CCA request letter off and it is now 12 + 2 and no response, should i be sending another letter now, or should i wait until i get to 12+2+30 and then send a letter?

Thanks!

stapeley

You just wait now ,send the next letter after the 12 +2 +30. But remember is will not just go away . If the find it after the time limit , you may have to fight it in court .

Leixlip1

Barclaycard have given up on me having used RMA and Moorcroft over the past year none of whom could supply a valid CCA - Barclaycard have sent short application forms and barely legible copies of what might have been a CCA but have now sold the debt to our good friends at Thames Credit who will be receiving my CCA request etc on Monday!

Jeekah

Following the advice of you good people on this forum I requested my CCA and before the 12+2 days have passed, I have received this reply:


"Following your recent request to be provided with a copy of the original credit agreement I can confirm that our client has requested it be retrieved from archive.

Once your agreement is retrieved you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could see your outstanding balance increase due to court costs and interest.

In an attempt to resolve the is matter in an amicable way I would like to offer you a settlement to bring this matter to a close.

As long as the payment is with us by 26/06/2008 I am willing to accept £227.60 as full and final settlement on your account. If payment is not received within the time we reserve the right to proceed to collect the full balance.

If you want to take the offer and bring this matter to a close then please call the number below."

The alleged debt will be shortly 6 years old. Do you think they have tried this approach as they don't think they will be able to retrieve a CCA this old?

kel123_2

your choice to accept or wait, it is as simple as that?

From what I have read, some cannot find a 3 year old agreement were some cannot find a 8 year old agreement but the problem is some have found a 10 year old lagitamate agreement.

kel

racey84

Hi all,

Just wanted a bit of advise, as I am currently on a DMP with 4 credit cards. I have been on the DMP for just over a year and I have worked out I have more then repaid and am now only paying back the interest rates and bank charges for missed payments. I am thinking of asking for a copy of the CCA as i suspect at least one of them will not be able to supply it. But my question is if I request this and as I suspect they can not produce it can I just "leave" the debt as I have acknowledged the debt for the last year or so by paying it on the DMP.

Thanks for any help

stapeley

It does not matter that you have been paying for last year. You are entitled to a copy of the true signed CCA . You can also request all your last six years statements , but this costs £10 . If you then claim back the unfair charges it will reduce the balance , but I am not sure they won,t start adding interest . I would continue with payment through DMP till you are sure that a CCA will not be produced .

Or just do a reclaim on the unfair charges it could clear the accounts .