Cca Requests Updates Please

misty_blue_2

received a cca from Littlewoods catalogue which i have been told is unenforceable as it does not contain all the prescribed terms, they say as far as they are concerned they have complied with my request and account is no longer in dispute, is this right ?

clarab_3

Hello people, looking for a little avice. I'm not sure this is something I'm comfortable with yet, but I will send in my CCA if only out of curiosity in the first instance - I'm sure i will be back for advice soon!

My problem account is a FLEXIBLE loan with cahoot. As cahoot have decide to leave the loans market they keep bumping the interest rate up (in 4 stages from the 5.9% I took the loan at, to 15.9%) to try to get us all to leave. Trust me I would leave if anyone else was likely to lend me the money at a sensible rate!

Anyway, so far I have managed to maintain payments but it is getting very tough. They have changed the interest rate 4 times, the proportion I have to pay back monthly twice and it is becoming unmaintainable.

It strikes me that it may be very difficult to provide a CCA that would cover all such flexible terms, or have we already seen an example?

And if a loan is proven to be unenforceable, does your credit rating suffer? I've been diligently repairing mine for 3 years...

fiveyearplan

My husband has similar loan with Cahoot and each month they decrease the payment they take out by direct debit whereby the actual loan amount barely decreases as all. We must have paid that loan 3 times over by now! So, I'm interested to see if you get any advice here.

maka_2

Does anyone have a copy on the 1st letter i should send to get the cca

Kind regards

themagics

hi all we have sent out requests for cca's from the marlin phoenix metropolitan traingle these compnaies have been passing five of our debt accounts between themselves for the last two years sinc e we hooked up with payplan last week my hubby had stat demand served on him from phoenix which we have appiled to have set aside on basis that we are with payplan and they (phoenix have been recieving our payments from payplan we have had to be on the ball everytime they have sold on to other dca's to the point where we noticed on the stat demand from phoenix it refers to a marlin reference number that they have used for an account in hubby's name as well as an account in both our names !! marlin have told our dma payplan that they have recieved an extra payment from us of £1 this was the £1 postal order for the cca we shall see if it turns up!

louiser123

hi
just a bit of advice needed, i sent a cca request over two months ago to j d williams catalogue i eventually recieved one through the post today, it wasnt signed by me, the customer sig box is blank, its one they have just written my details in the name and address bit in blue pen. no date on or anything, they say they dont have to have one but this is def a cca, but i havnt signed it, i didnt sign one at all thats why i sent request. not sure how to reply to this. but they are adamant it was just agreed to when they gave credit on the catalogue. surley they cant just write one up now and surley it has to be signed by me. this debt i have no clue about antway i have an account in good standing with this company but am not paying one thats not mine!!
pls help

blind-as-a-bat_2

louiser123 wrote: »

hi
just a bit of advice needed, i sent a cca request over two months ago to j d williams catalogue i eventually recieved one through the post today, it wasnt signed by me, the customer sig box is blank, its one they have just written my details in the name and address bit in blue pen. no date on or anything, they say they dont have to have one but this is def a cca, but i havnt signed it, i didnt sign one at all thats why i sent request. not sure how to reply to this. but they are adamant it was just agreed to when they gave credit on the catalogue. surley they cant just write one up now and surley it has to be signed by me. this debt i have no clue about antway i have an account in good standing with this company but am not paying one thats not mine!!
pls help

:rotfl: Did they put the right account number on it?, they didnt on mine:p

The problem with the JD group is that they have so many fronts, so have you actually got more than one account, as they can be used at any of there sites, not just the one you used.

Bottem line is i am yet to see anyone who actually signed an agreemant with this lot, what they have sent is not enforceable, and you can safely egnore all other threats after you let them know you know that, but they wont give in, they will continue to demand payment and claim to be recording your failure to pay whit the CRA,s, but thats as far as they have gone so far.

You will be contacted by reliable collections if you havnt already, these are not a DCA, just another face of JD group.

They will threaten allsorts im on the second time round, they send the same standard letters in the same order each time, but do nothing more.

I did serve a section 10 notice under the data protection act, and they refused, had a lovely letter from the firms soliciter saying they where not in breach of s10ssA of the data protection act so would not stop proscessing my information, they are now supplying the evidence that my request was valid, as reliable starrted the threats again proving he lied so im just giving them the rope at the moment that , when i have time, they will find they have hung themselves with it:p

louiser123

yes i have had the reliable collections ect, now its with credit management services i think, with scottcall writing too, im just ignoring them will send final letter tom to say what they have sent me is unacceptable it is actually a joke if you could see it!! written by hand in blue ink with no signiture from me at all!!
will inform them i am forwarding it to the info commissioner as they refer to him/her in all thier letters and saying we will let them decide if its valid!! may scare them as they are adamant info comm says its fine!!! rofl

louiser123

can anyone tell me what should be on a consumer credit agreement as far as signature of debtor and date agreement started? i recieved a letter back with the joke of a cca from jd williams stating that under reg3(2)b of cc act regulations 1983 there is no requirement to provide a copy bearing my signiture it is sufficient they just send one without me having to sign it, and a true copy in thier case does not have to bear the debtors signiture nor the date of the agreement!! surley this cant be right

fiveyearplan

maka wrote: »

Does anyone have a copy on the 1st letter i should send to get the cca

Kind regards

Here you go, this is from one of my threads and was posted thanks to Weller!

Dear Sir/Madam

Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date 12+2) , I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.



Yours faithfully
PRINT NAME - DO NOT SIGN!!!!!