Cca Requests Updates Please

blind-as-a-bat_2

Oh by the way, they have sent T&C,s but is there a date on them?, if so does it match the date of the alledged agreemant? how do you know they are in fact the terms for said agreemant even if the date matches?

If they are not dated they could apply to any agreemant in any year from when they say the card was taken out till the presant day

They could have even just made them up on the sper of the moment, and they dont apply to anything at all:rolleyes:

But how would you know?

stapeley

themagics wrote: »

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

hi , did you request a CCA from marlin ? have they supplied this and a notice of assignment ? If not , please point this out to the court , as many times as you can . The Judge will not bite , so please stay focused and strong . By paying through PAYPLAN this will be looked upon well by a Judge who I believe will not be best pleased it has been taken to court .Remember they should supply all requested information before it goes to court ,and paperwork that they are using in court. If they have not done this , let the Judge know .If needed request time to study it and obtain a second opinion .Please let me know how it goes . good luck

debtman2007

blind-as-a-bat wrote: »

Oh by the way, they have sent T&C,s but is there a date on them?, if so does it match the date of the alledged agreemant? how do you know they are in fact the terms for said agreemant even if the date matches?

If they are not dated they could apply to any agreemant in any year from when they say the card was taken out till the presant day

They could have even just made them up on the sper of the moment, and they dont apply to anything at all:rolleyes:

But how would you know?

There are no dates at all, in fact there is no reference to any dates, account number or my name. Confused??.....Yes.

swt61

Hi all, I have just received a letter from the Halifax regardinbg a credit card debt from 1999.

It is an original application showing my signatire & also they have enclosed a statement of the account & terms & condition attached.

I will post this as soon as I can scan it in.

Is an application form signed a CCA ?

Thanks,

Simon

rog2

swt61 wrote: »

Is an application form signed a CCA ?

Very rarely, Simon. Unless it contains ALL of the information that the Act requires, then 'An Application Form does NOT constitute a Consumer Credit Agreement'.
Check with the earlier posts in this thread, to see what must be included in the 'agreement'.

swt61

rog2 wrote: »

Very rarely, Simon. Unless it contains ALL of the information that the Act requires, then 'An Application Form does NOT constitute a Consumer Credit Agreement'.
Check with the earlier posts in this thread, to see what must be included in the 'agreement'.

Here are the Files attached:-



Also we have received this letter about a loan that we have with them that they have so far failed to Supply A CCA so we complained using the letter from this site as all they gave us was a statement so we told them that it was not acceptable:-


Can someone advise us on the above please?

Mnay thanks,

Simon

moneymare

In response to my 3rd letter to 1st credit about the CCA, this is there response;

---

Thank you for your letter of the 20th October 2008.

We are not prepared to refund you any monies paid towards this debt. I note that on 2nd September 2008 you requested a copy agreement and will advise that our client has advised us at this stage they are unable to provide the same, therefore the account is not enforceable via the Courts, however, this does not change the fact that the balance remains outstanding and we would invite you to make an offer of payment.

We are not obliged under the Consumer Credit Act 1974 to provide you with a full statement of the account detailing all credits and debits. Should you require copy statments, please be advised there is a fee of £10 payable in advance and which we shall have to request from our client.

With regards to your request for a copy of the Deed of Assignment, we would refer you to Section 136 of the Law of Property Act 1925 which provides that the debtor is notified of the assignment of the debt in writing and not a copy of the Deed itself.

It is correct that if the default of the credit agreement continues for one month, that an offence may be committed. However, if an offence is committed, the Act provides defences to any offence which we believe would apply, in this case where we have to obtain documents and information to answer your request from the original creditor.

To address your request to remove the default under s14 DPA and for compensation under s13, we would rely on s13(3)DPA as a defence to any offence committed; "it is a defense to prove that [1st Credit] had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned." At all times 1st Credit has acted in good faith and in the reasonable belief that any actions it took in pursuance of the debt were correct and justified.

You have not specified upon which ground you rely for your notice under s10 of the DPA and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act.

Yours sincerely


Compliance Officer

themagics

stapeley wrote: »

hi , did you request a CCA from marlin ? have they supplied this and a notice of assignment ? If not , please point this out to the court , as many times as you can . The Judge will not bite , so please stay focused and strong . By paying through PAYPLAN this will be looked upon well by a Judge who I believe will not be best pleased it has been taken to court .Remember they should supply all requested information before it goes to court ,and paperwork that they are using in court. If they have not done this , let the Judge know .If needed request time to study it and obtain a second opinion .Please let me know how it goes . good luck

to date stapeley not one cca has arrived on equests for 5 accounts what have had is a request fro a sihnature and another postal order followed then by a letter stating they do not have all info on file and have applied for it from hsbc they then state that when a credit agreement is terminated the consumer act ceases to apply so they do not have to provide cca within 12 days.

emily30

this is my 1st time on the forum, i have read it for a while. i am looking at trying to contact people i have cards and loans with the challenge the agreements but where do i start are there any letters people have sent and have had success?? do you have to be specific as to what and why your are challenging the as part of the agreement against the act?

themagics

hi emily and welcome someone will be along soon to help you out they have us we are a friendly bunch so welcome once again