HELP - CCA advice please

fiveyearplan

Thanks again Fermi, I've done the letter now.

andrewman

i have sent cabot a cca request by email on 13th march 2008, on 26th march i got a letter from cabot stating my account is on hold,until the original lender, in this matter is littlewoods/barclycard, who will send info to cabot who intern will send me it. I started counting working days from 14th march 2008,up till friday 4th april 2008 it was 15 days. how do i proceed now and is there a letter template if i need to contact them. any advice would be appreciated. I know the information commissioners office states companys have a total of 40 days to respond from time the creditor or dca get the request.

rog2

andrewman wrote: »

i have sent cabot a cca request by email on 13th march 2008, on 26th march i got a letter from cabot stating my account is on hold,until the original lender, in this matter is littlewoods/barclycard, who will send info to cabot who intern will send me it. I started counting working days from 14th march 2008,up till friday 4th april 2008 it was 15 days. how do i proceed now and is there a letter template if i need to contact them. any advice would be appreciated. I know the information commissioners office states companys have a total of 40 days to respond from time the creditor or dca get the request.

As the 12+2 days are up, cabot are now 'in default'. Ignore the contents of their letter (although you should keep it in case you need it as evidence at a future date). As it was cabot who were chasing you for payment, they (cabot) must provide the cca, on your request - it does not matter that they were not the original creditor, they must, still, provide it within the legally prescribed time. Their letter is intended to detract you from their obligation under the Consumer Credit Act, 1974.

Send them the letter, courtesy of weller711, in the following link:

http://forums.moneysavingexpert.com/showthread.html?p=7511761

The '40 days' that you are referring to, relates to a Subject Access Request, not a cca request, for which they are allowed 12 working days (+2 for postage). If, after a further 30 days, they still have not provided you with the cca, then they will have committed a criminal offence. At that stage, there is a further letter to send - we'll deal with that later.

Good luck.

andrewman

rog2 thanks for advice,i have copied letter and edited with my details, said letter minus offer of £1.00,never offered them it last time. I have emailed the letter to cabot via [EMAIL="cabotcustomer@cabotfinancial.com"]cabotcustomer@cabotfinancial.com[/EMAIL]
i have also have an hard copy for my records. cheers for advice mate it was appreciated.:beer:

fiveyearplan

I think I would also post the letter and have them sign for it.

rog2

fiveyearplan wrote: »

I think I would also post the letter and have them sign for it.

DEFINITELY send them a copy by registered/signed for mail - they can, easily, deny seein an E-mail.

fiveyearplan

We recently got court papers from MBNA (via their solicitor Restons). So have applied for an extra 14 days. I've also been posting for advice on CAG. One person on there seems to think that my application form is enforceable. I'm still waiting for others to look at it but it definitely doesn't have the credit limit. How far has anyone on here been with their CCA fight? Has anyone actually won?

fiveyearplan

I'm bumping this up in case anyone can help.

rog2

fiveyearplan wrote: »

We recently got court papers from MBNA (via their solicitor Restons). So have applied for an extra 14 days. I've also been posting for advice on CAG. One person on there seems to think that my application form is enforceable. I'm still waiting for others to look at it but it definitely doesn't have the credit limit. How far has anyone on here been with their CCA fight? Has anyone actually won?

Hi fyp - First of all - weller711 is the acknowledged 'expert' on CCAs, havin successfully taken at least three cases to their inevitable conclusion - indeed, she has, also, had her payments reimbursed by at least one dca. But be warned it was a long hard struggle for her, and anyone who embarks on the cca route needs (as per the 'reclaiming of bank charges') to be prepared for a long fight.
As far as the 'application form' constituting a true consumer credit agreement, then it must contain certain information, all of which is laid out in weller's post: http://forums.moneysavingexpert.com/showthread.html?p=7869437
In particular you should check sections B,C & D which are applicable to credit card agreements. Even if just one of the required elements is missing, then the application form 'does not a consumer credit agreement make'.
Weller has, also, included a 'template' letter' which you can send to MBNA - or at least use to back up your defence.
Another similar post, also from weller, can be viewed here: http://forums.moneysavingexpert.com/showthread.html?p=9323533

MBNA are notorious for ignoring the rules - if your 'application form does not include the credit limit, then, quite simply it 'does not a consumer credit agreement make'.

fermi

Be slightly cautious when you are looking to see if there is a credit limit for a credit card.

Under the Consumer Credit (Agreements) Regulations 1983 it can be expressed as:

The credit limit expressed as:--

(a) a sum of money;

(b) a statement that the credit limit will be determined by the creditor from time to time under the agreement and that notice of it will be given by him to the debtor;

(c) a sum of money together with a statement that the creditor may vary the credit limit to such sum as he may from time to time determine under the agreement and that notice of it will be given by him to the debtor; or

(d) in a case not falling within head (a), (b) or (c) above, either a statement indicating the manner in which the credit limit will be determined and that notice of it will be given by the creditor to the debtor or a statement indicating that there is no credit limit.