Cca Requests Updates Please

fiveyearplan

If it was me, I'd leave it. If you did have a debt and now it is unenforcable because they didn't have a CCA I would just count my blessings and move on.

Bazza66

Thanks fiveyear plan.

I must admit that that was my initial thoughts and then I sat there and thought why should those bar-stewards lie to get money out of me? They have against the law enticed money out of me and they will continue to do the same to others. If I can do alittle bit to get money back and make them have a slight loss of money (using the law) they why shouldnt I? They should not be allowed to get away with what they do and the more people that complain then things may happen for, not only the good for me, but for others as well!

Just my opinion of course. ;-)

fiveyearplan

No, do what you feel is necessary. I'm at the court stage with MBNA for my OH's cc and this week we got county court papers for another of his credit cards and a DCA letter for another one. That just leaves one loan for him to pay off and it has all the prescribed terms so we'll pay it. 2 supposed CCAs came back looking the size of a post card and all it has was his signature applying for credit card - nothing else! I'm fairly confident of that one. When we do win these cases I will definitely just drop it and move on because he did spend the money and will feel lucky to get out of it without having to pay the rest. Circumstances changed and we just cannot afford to pay.

As you can see from my signature - I'm already debt free.

Bazza66

Hats of to you fiveyearplan. I am starting the long road to recovery and maybe I am going over the hill with my first "success"? I dont mind paying off the debt but as long as its enforceable and with the correct creditor. Someone like Lowell-life paying 5p in the £ for a debt and then trying to make a 20,000% profit from me is just not on!

Again, congrats on your achievment.

fiveyearplan

Good luck with it. Have you tried going on the CAG forum? If you get any county court papers I would definitely advise you to go on there to get help with your defence.

debtman2007

Can anyone clearly explain the CCA request process to me(yes im stupid ) for example what letters to send and when.
i thought i had it sussed but it seems i was wrong. any help greatly appreciated.

thanks

Bazza66

fiveyearplan wrote: »

Good luck with it. Have you tried going on the CAG forum? If you get any county court papers I would definitely advise you to go on there to get help with your defence.

Just started look on that forum - have posted the same request I put here on there to see what response I get there. I have been told they are alittle more "legally minded" on that forum. But this one has been a great help as well.

Thanks

Bazza66

debtman2007 wrote: »

Can anyone clearly explain the CCA request process to me(yes im stupid ) for example what letters to send and when.
i thought i had it sussed but it seems i was wrong. any help greatly appreciated.

thanks

Depends on your situation.

But in the main its send the initial CCA request letter - something like

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully



Remember - NEVER SIGN IT!!!! Always send a Postal Order for £1 not a cheque (which would have to be signed).

Then you wait 12 days - if you get something back before then someone on here can hopefully help you otherwis if you hear nothing for 12 (working) days + 2 then you send the next letter. Found @ http://forums.moneysavingexpert.com/showpost.html?p=11635945&postcount=6

Hopefully this will help.

fiveyearplan

Bazza66 wrote: »

I have been told they are alittle more "legally minded" on that forum. But this one has been a great help as well.

Thanks

They are much more legally minded as some of them are 3rd year law students however you can't beat the moral support on this forum.

sweetgem1

Hi all, I am looking for as much help as possible!
I recently viewed all the info on here with regards to CCAs and thought what a great idea, so I sent away for mine for a catalogue debt which the company has been hounding me for. I believe all the charges they have added are illegal and I have completely paid for all the goods I have bought with interest so the debt of £1315.07 is purely charges and interest.
They sent back a generic copy of a CCA with some handwritten details of my name and address, not my writing - theirs, I have never seen this before and there is no signature on it.
They are still demanding payment and I am getting threatning letters and phone calls at all hours of the day and night.

Please can someone help me get this sorted, I feel so pressured and my OH says I should just pay so it doesn't hang over our heads. What should I do next?