Cca Requests Updates Please

blind-as-a-bat_2

Just in case that was a bit too subtle, they are playing games hopeing you dont know any better:D

Your CCA request must comply with all relavent legaslation, so that would be the CCA act AND the Cusomer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

oscar52

rochdalecowboy wrote: »

i am being taken to court by marlin for a £4500 credit card debt to hfc. i wrote to them on 2nd august asking for a copy of my agreement, they never sent this, i have sent in to the court a defence on the grounds that they have failed to comply with the CCA. Then this morning a copy turns up so i might be in limbo. I am not sure though wether it is the proper credit agreement as it is titled " your priority application for the freeserve card" there is no mention of interest rates, repayments, defaults or penalties, it just basically says it will share my info with credit ref agencies, although at the end where i have signed it says "this is a credit agreement regulated by the CCA1974 sign it only if you want to be legally bound by its terms"
any help would be gratefully appreciated

My agreement with HFC is fairly similar to yours. There are no prescribed terms whatsoever - its an application, with all my details on, bits about card protection, bits about data protection and they do with my details etc and bits about marketing.

Again, where the signature box is, it states "this is a credit agreement regulated by the CCA 1974, Sign only of you want to be legally bound by its terms.

They just sent me their "final response" indicated that they considered it a credit agreement because of that and they were fully entitled to do what they want basically

End story is, its an application form - an invitation to apply for credit - nothing else.

EDIT - just moticed it states credit agreement at the top of the second column as well

blind-as-a-bat_2

oscar52 wrote: »

Originally Posted by rochdalecowboy
i am being taken to court by marlin for a £4500 credit card debt to hfc. i wrote to them on 2nd august asking for a copy of my agreement, they never sent this, i have sent in to the court a defence on the grounds that they have failed to comply with the CCA. Then this morning a copy turns up so i might be in limbo. I am not sure though wether it is the proper credit agreement as it is titled " your priority application for the freeserve card" there is no mention of interest rates, repayments, defaults or penalties, it just basically says it will share my info with credit ref agencies, although at the end where i have signed it says "this is a credit agreement regulated by the CCA1974 sign it only if you want to be legally bound by its terms"
any help would be gratefully appreciated

My agreement with HFC is fairly similar to yours. There are no prescribed terms whatsoever - its an application, with all my details on, bits about card protection, bits about data protection and they do with my details etc and bits about marketing.

Again, where the signature box is, it states "this is a credit agreement regulated by the CCA 1974, Sign only of you want to be legally bound by its terms.

They just sent me their "final response" indicated that they considered it a credit agreement because of that and they were fully entitled to do what they want basically

End story is, its an application form - an invitation to apply for credit - nothing else.

EDIT - just moticed it states credit agreement at the top of the second column as well

And if HFC argue give them an invitation to persue it in court:D

fermi

oscar52 wrote: »

Again, where the signature box is, it states "this is a credit agreement regulated by the CCA 1974, Sign only of you want to be legally bound by its terms.

EDIT - just noticed it states credit agreement at the top of the second column as well

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

They can write "This is a credit agreement" 1001 times on any bit of paper they like, but it doesn't necessarily make it one. :rolleyes:

oscar52

blind-as-a-bat wrote: »

And if HFC argue give them an invitation to persue it in court:D

Never actually thought of it like that.

Their staff wont speak to me on the phone. Last one, when I started telling them about the CCA and their legal obligations, wanted me to send a copy in.

So i confirmed "you want me to send in a copy of the 1974 CCA act"

"yes"

stapeley

stapeley wrote: »

Despite several threatening letter from different DCA,s I still have not been taken to court !

The facts are ,
Loan companies and credit card companies sent out application forms and issued loans and credit cards without much care .
What should of happened was after applications were successful , a CREDIT CARD AGREEMENT FORM WITH ALL THE PERSCRIBED TERMS AND CONDITIONS WITHIN A DOCUMENT , should then have been signed by an applicant
This signature box should have been located at the end of the document ensuring that the terms and condition were read before signing .
The loan company should then have signed the AGREEMENT FORM , FILED IT SECURELY and sent you a copy with the LOAN OR. CREDIT CARD .
This format was not followed correctly by a large number of companies . Too late they realised this and put pressure on the grovenment to amended the CC ACT to cover themselves .
If the CC companies and LOAN companies were certain that they have a correctly formulated agreement enforceable in law , WHY WOULD THEY WANT TO SELL THE DEBT OFF FOR PEANUTS TO DEBT COLLECTION AGENTS ?
Anwsers on a post card please !

The above is my basis for fighting against enforcement , and the fact I have not got two pennies to rub together !

ljs2000

I wonder if someone can help me. I have a debt with Clydesdale which was passed onto Allied International when I had problems paying. I have subsequently being paying the agreed sum for approximately two years, no problems. I then received a letter from CQ saying they now owned the debt and I need to work out a payment plan with them. I sent them a letter asking for the CCA back in July then in October they sent the below. There were no T&C's attached. I am still paying Allied so as I do not default with them.

I have since received another letter from CQ asking me to contact them and the balance has suddenly risen! Can someone please check the attached to see if this is an enforceable CCA. I think it probably is.

Many thanks.

themagics

hi all checkin in again, thursday 13th november sees our 12th day from reciept of our cca requests so far no cca arrived from marlin metropoliton, tessera, pheonix just two letters from marlin one saying they not got all info on file and have asked hsbc for it other request signature first and a returned postal order we attend a hearing on wednesday to have stat demand from marlin set aside on basis that we are with payplan have been for two years and they marlin have been accepting payments from payplan so feeling nervous just watched panorama not learnt anything new feeling very apprehensive about thursday

debtman2007

blind-as-a-bat wrote: »

Just in case that was a bit too subtle, they are playing games hopeing you dont know any better:D

Your CCA request must comply with all relavent legaslation, so that would be the CCA act AND the Cusomer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

Ok thanks. what do you suggest i do. do i need to reply??

blind-as-a-bat_2

ljs2000 wrote: »

I wonder if someone can help me. I have a debt with Clydesdale which was passed onto Allied International when I had problems paying. I have subsequently being paying the agreed sum for approximately two years, no problems. I then received a letter from CQ saying they now owned the debt and I need to work out a payment plan with them. I sent them a letter asking for the CCA back in July then in October they sent the below. There were no T&C's attached. I am still paying Allied so as I do not default with them.

I have since received another letter from CQ asking me to contact them and the balance has suddenly risen! Can someone please check the attached to see if this is an enforceable CCA. I think it probably is.

Many thanks.

Well from what i can see it has the prescribed terms, but as you say, they do not contain all the terms and condition,s

While this means they are still in default of your CCA request (61(b) i believe and (c) may apply if that copy is as hard to read as the scan) That alone will not stop a court enforceing it.

But until they supply a set of T&C that can be tied to that front page they are in default of your CCA request so cannot enforce the agrement by the letter of the CCA act, so in theory at least cant start legal procedings, but trust me that wont stop them, but whether its a good enough defence, i will let you know, probebly in may/june of next year after the one i am fighting has been to court, assuming it gets that far