Cca Requests Updates Please

debtman2007

Bazza66 wrote: »

Debtman - have a look at this post

http://forums.moneysavingexpert.com/showpost.html?p=11635955&postcount=7

Not sure how the criminal offence bit is now since its been dropped. hopefully someone will be along to answer this.

Thanks. Which bits would i ned to leave out then

swt61

Hi All, Well I have now received another letter from Apex stating that that they taking further action as requested by the original lende3r possibly in the form of a CCJ or a recovery specialuist visiting my home:mad:

Dont these guys take note of the law ?

What letter can I send now ?

Also I have received from the Halifax a staement of account showing payments made on the account since 08/03/1999

The original balance was £ 12,000
Insurance was £2,491,63


it states at the top:-
" The Final figure on the atement is merely a balance of your account, should you wish to repay your loan please contact us for a valid settlement figure" :rotfl:

Yeah damn right I will!!

What letter next to them obviously they have not got the original CCA :-)

and hey what about this insurance ?? I paid ?


Many thanks,

Simon

stapeley

For any companies that have not sent a copy of a CCA send the default letter .

A[L]C

stapeley wrote: »

For any companies that have not sent a copy of a CCA send the default letter .

Which one is the best to send? There's a few versions but one requests the paid money and interest back, which a lot of people say is pushing it, and another refers to an offence occuring after 30 days which I now believe has been removed from the legislation?

swt61

A[L]C wrote: »

Which one is the best to send? There's a few versions but one requests the paid money and interest back, which a lot of people say is pushing it, and another refers to an offence occuring after 30 days which I now believe has been removed from the legislation?

Sorry I cant find the default letter here anyone help me out please so i can send one a.s.a.p to the Halifax!

many thanks,

Simon

Bazza66

swt61 wrote: »

Hi All, Well I have now received another letter from Apex stating that that they taking further action as requested by the original lende3r possibly in the form of a CCJ or a recovery specialuist visiting my home:mad:

If it reads "...MAY take court action.... COULD get a CCJ.... blah blah" then its generally a threatening letter. If someone wanted to take you to court and get a CCJ then they would do almost immediately and wouldnt wait. Assets have legs!!!

Send the 12+2+30 letter with all the stuff in - they know the law anyway.

Unless someone comes along with a better letter to draft?

swt61

If they cannot supply the original CCA What can I do about the insurance that was apparently added to the loan & shows on the statement they have sent Me?

Simon

Bazza66

swt61 wrote: »

If they cannot supply the original CCA What can I do about the insurance that was apparently added to the loan & shows on the statement they have sent Me?

Simon

If they cannot provide the CCA then they cannot enforce collection of the debt (whether it contains insurance or not). Morally you still owe the money though but you cannot legally be chased for it. Personally I would not worry about the insurance part until they can (if) supply a valid CCA. Then it becomes a different matter which is probably best dealt with if the time comes.

swt61

Bazza66 wrote: »

If they cannot provide the CCA then they cannot enforce collection of the debt (whether it contains insurance or not). Morally you still owe the money though but you cannot legally be chased for it. Personally I would not worry about the insurance part until they can (if) supply a valid CCA. Then it becomes a different matter which is probably best dealt with if the time comes.

Many Thaks :-)

Simon

GirlRacer_2

Hi guys, decided to chase Next Directory for a copy of my sisters CCA and have today received a reply. The letter encloses a copy of a consumer credit act but it does not have my sisters name, account number or signature on it. The letter staes that they are satisfied this meets with their obligations under section 78 of the CCA. It states that the interpretation as to 'copy' requires reference to section 189 (for the definition of copy) and secondly to section 180 relating to the consumer credit (calcellation notices and copies of documents) regulations 1983. Looking at section 3(1) of the regulations it is clear that '....every copy of an executed agreement... shall be a true copy thereof...' section 3(2) confirms that a 'true copy' need not include the items listed as sub section (a) to (d) as applicable. The letter goes on to state - These 2 sections confirm that Ii) non-statutory information included for the creditors own benefit and (ii) signature boxes need not be included in the true copy. Based on this analysis it is accepted as a matter of good law that a 'copy' for the purposes of section 78 need not be an exact copy or photocopy as long as the true copy provided contains every material provision of the agreement signed.

Can anybody tell me what this means please ?????