Cca Requests Updates Please

fermi

My copy is of the actual legislation.

You will also notice that the OFT document you are quoting is refering to copies of an unexecuted agreement.

Bazza66 wrote: »

Reg 3(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations requires that, subject to certain limited exceptions, any copy of an unexecuted agreement must be a ‘true copy’. This means that it must be identical to the agreement as presented or sent to the debtor for signature.

The OFT document doesn't discuss copies of executed agreements as are required to be supplied in a request under s77/78.

Bazza66

fermi wrote: »

My copy is of the actual legislation.

You will also notice that the OFT document you are quoting is refering to copies of an unexecuted agreement.



The OFT document doesn't discuss copies of executed agreements as are required to be supplied in a request under s77/78.

Thanks Fermi. I did read it as unexecuted but wasnt 100% sure.

Is there anywhere I can get a copy that relates to executed?

GirlRacer_2

Thanks for this additional information. Is it worth me sending the second letter to Next Directory. Sorry but I'm not very bright when it comes to this

Bazza66

GirlRacer wrote: »

Thanks for this additional information. Is it worth me sending the second letter to Next Directory. Sorry but I'm not very bright when it comes to this

In light of Fermi's post I think you have a valid case to post the second letter. When you say second letter you mean the one here

http://forums.moneysavingexpert.com/...postcount=1032

Obviously with modifications.

Good luck and keep us posted!

GirlRacer_2

That's the one. Thanks Bazza and Fermi will certainly keep you posted.

blind-as-a-bat_2

What you have to remember is what they have to supply to a CCA request, and what they have to supply to the court if they wish to persue the matter can be two differant things.

They can play games under the defanition of the CCA act as to what actually constitutes a copy of the executed agreement, but if they wish to take it you court they will need to produce evidence of a fully complient executed agreement, or at least a copy of said document, and a full audit trail as to how and when and by whom that document was stored via computer as a scan of the origanal

The CPR rules state the origanel must be produced when seeking enforcement in court, that over time, and dependent on the court track, has been diluted to allow copies, but that copy must be proved as a copy of the origanel, if no audit trail can be shown that is imposible, unless a witness is brought forward, and even then a witness is less than reliable if dealt with correctly;)

piglet39

Hi all. Thanks for the brilliant advice posted here.

I have a question although I am sure I have read it here somewhere so apologies!

Am going through the CCA process and have just had a letter from Next Directory saying much the same things as girl racers letter but they have also stated that they are going to place a default on my husbands file. (He is the creditor) I checked his file and they defaulted this account in June 2007 so surely they can't default twice. Also - on checking his file - I discovered that he has two defaults dated 16.02.2005 one from Liverpool and Victoria and one from cabot who took over the debt. Again I am sure this isn't right. Is there a letter I can send (if this isn't right) and who should I send to - the original creditor or the DCA?

Piglet

Bazza66

piglet39 wrote: »

Hi all. Thanks for the brilliant advice posted here.

I have a question although I am sure I have read it here somewhere so apologies!

Am going through the CCA process and have just had a letter from Next Directory saying much the same things as girl racers letter but they have also stated that they are going to place a default on my husbands file. (He is the creditor) I checked his file and they defaulted this account in June 2007 so surely they can't default twice. Also - on checking his file - I discovered that he has two defaults dated 16.02.2005 one from Liverpool and Victoria and one from cabot who took over the debt. Again I am sure this isn't right. Is there a letter I can send (if this isn't right) and who should I send to - the original creditor or the DCA?

Piglet

My understanding...

They cannot put another default on the same account with a date thats later than the original date. If you have not recieved a default notice then, again, they cannot put a default on your credit file.

I am in a similar problem with Lowell-life where they have stuck a default on my file and since they could not produce a CCA they were not allowed to enter anything on my credit file. I am still in battle with over this (strange how they can send me 5 letters a week (seems like it) but nothing when the balls in their court!). Will let you know of outcome.

Someone else may be along to give you an idea of what you can do - my suggestion is wait to see if they produce the CCA first if not then you have more leverage.

In meantime this thread may be of help

http://forums.moneysavingexpert.com/showthread.html?t=568224

Bazza

piglet39

Thanks for that Bazza - will have a read!

Piglet

swt61

I have started my own CCA Requests from the following companies:-

Apex credit mangement sent 15/10/08 delivered 16/10/08 letter from thenm on the 19/10/08 saying that I need to direct it to the O.C which was HBOS.

Final warning letter sent to Apex after they are keep demanding payment after my CCa 12+2 days are up with them

HBOS CCA request received by them on the 21/10/08 No reponse from HBOS Direct to date

Westcott sent 15/10/08 delivered 17/10/08 letter from them on the 22/10/08 saying I need to ask the original creditor Lloyds tsb. So sent letter to Lloyds Tsb on the 27/10/08 no delivery proof as yet. Delivered 29/120 08
No Response as yet


G.E capital bank request sent on the 21/10/08 delivered 23/10/08 No Response as yet

Bls Collections sent 15/10/08 delivered 17/10/08. No Response as Yet

Scott & mears sent 15/10/08 delivered 17/10/08 Nothing Received at all

Nat west credit card sent 16/10/08 delivered 16/10/08 Nothing Received at all

Blair Oliver & scott 2 x accounts sent 15/10/08 Delivered 16/10/08 Only response was a statement of account which I responded to with a template Letter from here

I am getting a little edgy now ! I have not sent any real 12+2 days expiry letters I was waiting for the next 30 to Elapse.

Anyone recommend a really goos 12+2 days letter or advice what to do

Should I write or should I wait?

Many thanks to everyone who has taken the time to read my posts & Kindly respond I Truly appreciate it:T :A