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Cca Requests Updates Please

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  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    That took me AGES to find. Where is Clapton anyway? He posted this in early 2007.
    dear sir,

    I wrote to you on the 23/01/2007, asking you to send me a true copy of the alleged credit agreement in compliance with the Consumer Credit Act 1974. I enclosed the statutory fee of £1 and I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. This was not a payment and should not have been applied in any way to the disputed account.

    I am in receipt of your letter of '...date...' which does not contain the required information.

    As you know unless you can provide a true copy of the alleged agreement it is not enforceable in a court of law. May I remind you that the 12 days limit by which you must supply this item has already expired.

    I await your written reply

    Edit: I've editted Claptons letter a little - hope it reads ok.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • i wrote to DLC asking for my CCA on thursday got a reply back today stating they are waiting for it from MBNA (the oc) and will pass it on when it becomes available, but if they cant forward a copy of the original agreement they will supply a true copy of the document which will comply with sec 77-79 of the cca.

    How does this effect the working of all this?
    can they do this to kept the debt going?

    Also they have wrote saying they will update me in 21 days if no developments in the mean time.

    Do i have to stick to this timescale or the 12+2 timescale

    this is my 1st time doing this so any help would be helpful, Thanks
    Studio, MBNA - Paid out
    Bank of Scotland, Argos- Offers received Court Letters Sent
    Fashion World, Value Cat - 2nd Letter Sent
    PPI - HFC - Letter sent
    HFC PPI, Capital One - With FOS
  • stapeley
    stapeley Posts: 2,315 Forumite
    money_back wrote: »
    i wrote to DLC asking for my CCA on thursday got a reply back today stating they are waiting for it from MBNA (the oc) and will pass it on when it becomes available, but if they cant forward a copy of the original agreement they will supply a true copy of the document which will comply with sec 77-79 of the cca.

    How does this effect the working of all this?
    can they do this to kept the debt going?

    Also they have wrote saying they will update me in 21 days if no developments in the mean time.

    Do i have to stick to this timescale or the 12+2 timescale

    this is my 1st time doing this so any help would be helpful, Thanks
    It is not for the DCA to set their own time scale , stick to the timescale of the CC ACT . Of coarse they will say what they have is compliant, it is up to you if you think it does not, to take it further .
  • Wrote to the awful HFO requesting copy of CCA etc - my letter was sent 15/09/08 (recorded) and have yet to receive a reply.

    Although, will add that their letters were terrible and the primary reason for my asking for a copy of the CCA was that the credit limit on my old Barclaycard was £400, and these jokers were demanding payment for a debt of £1150.
    Have still heard nothing. Debating sending a second letter.
  • fattyrae1
    fattyrae1 Posts: 334 Forumite
    HI, i have skimmed through these posts (short of time!) and was just wondering if anyone could confirm that not signing a credit agreement still works? Sorry if you have to repeat yourself, but it has been awhile since i was on here last!

    Thanks
    I like my money right where I can see it - hanging in my closet.;)
  • stapeley
    stapeley Posts: 2,315 Forumite
    It only really applies to pre april 2007 I believe .
  • stapeley wrote: »
    It is not for the DCA to set their own time scale , stick to the timescale of the CC ACT . Of coarse they will say what they have is compliant, it is up to you if you think it does not, to take it further .

    so should it have my signature on it
    Studio, MBNA - Paid out
    Bank of Scotland, Argos- Offers received Court Letters Sent
    Fashion World, Value Cat - 2nd Letter Sent
    PPI - HFC - Letter sent
    HFC PPI, Capital One - With FOS
  • stapeley
    stapeley Posts: 2,315 Forumite
    money_back wrote: »
    so should it have my signature on it
    A enforceable consumer credit agreement must have a signature .
  • stapeley
    stapeley Posts: 2,315 Forumite
    No contact yesterday from DCA , I did check my mobile , have they given up ???????????????
  • I'm still awaiting a report from the FOS on their findings over my complaint regarding Sainsburys failure to provide me with a CCA (instead they provided an application form). I've chased up the FOS and they say that they have the info they need to make a decision and will be passing it to an Adjudicator for their consideration.

    I notice from the CAG website that one or two people who have taken CCA complaints to the FOS get little in return, although this is contrary to what the OFT suggest is lawful conduct on behalf of the firms committing the CCA breach.
    Almost debt-free, but certainly even with the Banks!
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