Cca Requests Updates Please

fermi

There are several versions of a 12+ 2 letter floating about.

This is one: http://forums.moneysavingexpert.com/showpost.html?p=11660785&postcount=12

Pixie1811_2

Thanks fermi for that. So that I get this right, I send this letter after the initial 12 working days (+2) one requesting the cca. What does Moorcroft have to do on receipt of this next letter, what happens next please?

fermi

Until they provide a valid CCA they are not entitled to enforce the debt.

You have made the request and they are legally obliged to comply.

The return of the £1 is their choice and does not absolve them of their legal duty to comply, or mean that the debt is still enforceable while they do not.

blind-as-a-bat_2

Pixie1811 i have gone through this with next, i CCA,d them direct, they replied with a blank agreement, they then passed it to moorcroft, who got a 'bog off' letter, they have since confirmed they have closed the file and sent it back to next.

Moorcroft dont seem to push it if they know they cant get a CCA

Have not heard anything since, but im sure next will try again eventually.

The point is disposeing of moorcroft if there is no CCA is not usually that hard if the OC cant provide a valid CCA

Pixie1811_2

I note that in this next letter I am sending to them that it cannot be pursued in court and they have to delete the account from my credit file, does this mean that unless they produce a signed true cca in the next 6 years the debt can be wiped off?

blind-as-a-bat_2

When they admitt they have no CCA in theory at least, they lose all powers to collect the debt in law.

Morally however the money is still owed for goods purchased that have not yet been paid for, but they have no right to intrest nor charges though.

The courts view is this

‘Taken from Sir Andrew Morrits Judgment in the Court of Appeal in the Wilson & First Counties Trust case’
” In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid;”

so in law at least no CCA = no Debt owed, again i stress in theory

annon2204

I have had some success with requesting my CCA's. Both Littlewoods and Verbaudet have now sent me a letter (both worded slightly differently) but the jist is they have wrote the debt off and will not be pursuing it. However, they both state that they will keep the information on my credit file as not to do so would be mis-leading !!

Are they allowed to put this information on my credit file if they have agreed to write off the debt and the fact they will not be pursuing it ?

Appreciate any help. The default letter I sent them did have a paragraph which read
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Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


[/PHP]

If this is the case the surely they cannot conmtinue to keep this information on my credit file .


</SPAN>

blind-as-a-bat_2

you cannot default, nor pay late on an agreemant that doesnt exist so no there not, but they will insist they can.

But if you read my post before yours, that excerpt from an actuall case in the court of apeal could be used as a good reason why they have no right too.

I know one person on another board used that angle and they backed down apparently

annon2204

Thanks I feel another letter coming on and will use that quote. I'll let you know if have any success.

Slipperyslope_2

Ouch - HFO acutally supplied me with a copy of the agreement.

Although it is dated October 2002 - doesn't that mean that it should be statute barred (due to it's age)?