HELP - CCA advice please

fiveyearplan

I'm not sure where you stand with illegible, does it have the prescribed terms? If they could produce the original in court and it had the prescribed terms I don't think you'd win.

Chocmonster7

From what I've understood of all the different versions it probably does satisfy the S78(1) request but not Regulation 2 of the Consumer Credit (cancellation Noticies & Copies of Documents) Regulations 1983. Which says that any copy they supply has to be readable.

Think I'll wait to see what their next move is before I do anything!

fermi

To have satisfied a section 77/78 request, they should have supplied a copy of the executed agreement that conforms to all the regulations.

That includes section 2(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI/1557).

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the [background medium upon which the information is displayed].

I'm sure they will argue till they are blue in the face that they have met the requirements though. :rolleyes:

fiveyearplan

Okay, I've had some more news in today's post. The court has sent out yet another 'Standard order for stay' so thats another 28 days and another allocation questionnaire! This thing is going round in circles.

I suppose I'm happy to keep it going for the time being.

Chocmonster7

Thanks Fermi - yes I'm sure they will argue, that seems to be MBNA's way!

Fiveyearplan - as long as this isn't costing you any money and you can keep track of what's going on then let it continue.

fiveyearplan

I'm getting my third allocation questionnaire ready. The people on CAG didn't know you could do more than one.

fermi

fiveyearplan wrote: »

I'm getting my third allocation questionnaire ready.

Whaaaaaaaaaaaaaaat?

fiveyearplan wrote: »

The people on CAG didn't know you could do more than one.

Learning curve for everyone then.

swt61

Hi all ,

my CCA's are now uploaded to this thread here:

http://forums.moneysavingexpert.com/showthread.html?t=767025

Regards,
Simon

swt61

Hi all, Wel I have just received 2 letters froma company called CL Finance Ltd and they ghave sais that the Halifax Loan account & the Credit card account have been sold on to them,

I had not acted on the stuff that the halifax had sent me yet that is posted on here can anyone advise what I can do plesae?

Also BLS are chasing now for payment but they told me when I cca requested them that i had to ask LLoyds which i did & they have not come up with a CCa as yet it been quite a while now,What can I write to these also?

thanks,

Simon

fiveyearplan

You can send the letter in post 21 of this thread to the company who is chasing you for this debt. If they bought the debt they need to prove that it has been sold on and they also need to provide the credit agreement.