Cca Requests Updates Please

stapeley

Any document sent MUST be legible. Also a application form is not a CCA . Write back and point this out to them .

Slipperyslope_2

stapeley wrote: »

Any document sent MUST be legible. Also a application form is not a CCA . Write back and point this out to them .

Many thanks for the advice.

Am strongly tempted to send letter but have to admit am concerned that, although the application is dated October 2002, I have no idea when the last payment was made against the account.

Bazza66

Slipperyslope wrote: »

Many thanks for the advice.

Am strongly tempted to send letter but have to admit am concerned that, although the application is dated October 2002, I have no idea when the last payment was made against the account.

If they cannot produce a valid CCA then you dont need to worry about the last payment. If there is no CCA then they cannot enforce the debt. End of.

You application form may say Credit...blah blah 1974 but if it doesnt state the prescribed terms (as I posted before) then its not valid.

Personally (and its only my opinion) I would send the letter - remember the onus is on them to prove it!!!

Slipperyslope_2

Bazza66 wrote: »

If they cannot produce a valid CCA then you dont need to worry about the last payment. If there is no CCA then they cannot enforce the debt. End of.

You application form may say Credit...blah blah 1974 but if it doesnt state the prescribed terms (as I posted before) then its not valid.

Personally (and its only my opinion) I would send the letter - remember the onus is on them to prove it!!!

Well, not certain that the aforementioned section on the application didn't detail the prescribed terms - it's unreadable. Am admittedly a little concerned about this. And the copy of the application came with a letter demanding that I phone them to come to a payment arrangement.

To be honest, my biggest bugbear with the whole situation is that most of the balance would appear to be charges, as my credit limit was in the region of £400, yet Highly Foolish Oaf's are demanding £1100+

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 have seen a response along these lines suggested before.

Dear Sir,

Thank you for the reply to my letter dated XX/XX.2008.

Having taken the time to look over the documents supplied in response to my statutory request made under the Consumer Credit Act 1974, I have the following concerns

The document entitled “credit card agreement regulated by the Consumer Credit Act 1974” which appears to bear my signature fails to comply with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). In particular section 2 of the Regulations

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. Many of the terms are blurred and cannot be interpreted and I am further unable to make out the prescribed terms as required by schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). After taking advice on this matter, I am of the belief that this agreement that you have presented before me, as it stands would be unenforceable even by court order. Therefore, I require that you provide me a clearly legible copy of the agreement, where all the terms are clearly legible

Should you not be able to supply a clearly legible copy, I would suggest that you give consideration to cancelling this account and reducing the balance to zero. Of course the alternative would be to seek a declaration of my rights under Section 142(1) of the Consumer Credit Act 1974. I am advised that with the documents that you have supplied there would be an extremely good prospect of success with such a declaration, however, I am mindful of additional costs that such action could incur both on my part and on yours so I trust you will give consideration to this request


Yours Sincerely

Slipperyslope_2

fermi wrote: »

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).



I have seen a response along these lines suggested before.

Perfect - many thanks for the advice. Will print and send asap.

Am still wondering about the age of the account too - although the applciation confirms a date of October 2002, I have no record of payments. Where would I stand on that if needed to refer to this?

Bazza66

Slipperyslope wrote: »

Perfect - many thanks for the advice. Will print and send asap.

Am still wondering about the age of the account too - although the applciation confirms a date of October 2002, I have no record of payments. Where would I stand on that if needed to refer to this?

Dont worry about payments for now - get the letter sent off and see what the response is.

Keep us posted.

stapeley

UP DATE ! After several weeks of receiving a phone call every day from a DCA . I just refused to give any security details .I finally got a person who actually listened to what I said . She give me a reference number, I wrote only using that REF no , no address . Informed them of the non compliance of a CCA request by a previous DCA , and that passing information to a third party contravened the CC ACT. I have not had any calls for over a week .

Bazza66

stapeley wrote: »

UP DATE ! After several weeks of receiving a phone call every day from a DCA . I just refused to give any security details .I finally got a person who actually listened to what I said . She give me a reference number, I wrote only using that REF no , no address . Informed them of the non compliance of a CCA request by a previous DCA , and that passing information to a third party contravened the CC ACT. I have not had any calls for over a week .

Bizarre that isnt it? :rolleyes:

Just had DLC call me this morning - said I wasnt Mr xxxxx and they must have the wrong number. Wonder how many calls I will start getting? Going to do nothing until I get something in writing!

Slipperyslope_2

Bazza66 wrote: »

Dont worry about payments for now - get the letter sent off and see what the response is.

Keep us posted.

Will post letter later today, although admit am still concered, especially with regard to the part of the letter which refers to applying for declaration of rights.