Cca Requests Updates Please

Janey51

Thank you rog2 for a reasoned explanation.
My reply was an emotional response but I think we all need to be reminded that the British Justice system gives debtors and creditors alike the protection of the law.

rog2

Janey51 wrote: »

I think we all need to be reminded that the British Justice system gives debtors and creditors alike the protection of the law.

Indeed, Janey - and not, as some might have us believe, solely there for the use of creditors and the 'Debt Collection Industry'.

It's all about finding out your rights and, if they are applicable, using them.

money_back_3

A while ago I did a SAR to JD Williams for a list of charges and my signed CCA on 2 accounts, they sent me all the information they hold on me but no CCA, so last week I wrote to them reminding they haven’t sent them yet.
Today I get a reply stating that my request for my CCA’s comes under S77/S78 CCA1974 not the Data protection act 1998 so they have complied with their obligations.
It goes on to say that there is a £1 charge but they will waive the fee this time and attached the credit agreements.

The CCA’s Attached has their copy and my copy (attached together on 1 sheet) How did they get my copy?
My details have just been filled in with a biro pen, guess what they don’t have my signature on.:rotfl:
They are also up to date ones because they say £12 admin fee’s (they were £17.50 when I took the accounts out in 2001/02)

Am I right in saying the SAR can include a request for a signed CCA (im shaw I have read this on here somewhere)
Has any one got any input on this or any good letters I can send

stapeley

I am sure a solicitor could make mince meat of what you were sent . I very much doubt they will try taking it to court, and that they will just continue to try harrass you into making payments . Stay firm .

mousehunt

I have posted this on another thread but really need some advise please.

On the 19th of Nov we sent the the CCA letters to Lowell Portfolio. I also sent PPI and charge letters to Capital One.

We received and offer letter from Capital One, but have refused it and have now sent the letter advising that we will be taking them to court.

On the 9th of Dec we sent the 2nd CCA letter to Lowell as we had recevied nothing from them.

Today we received a letter dated the 8th Dec, advising that they were waiting for Capital One to retreive the credit agreement from thier archive.

Should I send them the 2nd letter again advising that we have received thier letter dated the 8th but they have failed to send the CCA within the relevant time span??

Any help would be greatly appreciated

thank you

Bazza66

mousehunt wrote: »

I have posted this on another thread but really need some advise please.

On the 19th of Nov we sent the the CCA letters to Lowell Portfolio. I also sent PPI and charge letters to Capital One.

We received and offer letter from Capital One, but have refused it and have now sent the letter advising that we will be taking them to court.

On the 9th of Dec we sent the 2nd CCA letter to Lowell as we had recevied nothing from them.

Today we received a letter dated the 8th Dec, advising that they were waiting for Capital One to retreive the credit agreement from thier archive.

Should I send them the 2nd letter again advising that we have received thier letter dated the 8th but they have failed to send the CCA within the relevant time span??

Any help would be greatly appreciated

thank you

mousehunt,

You needn't do anything. I CCA'ed Lowell-Life back in August and they did they same to me except they did write initially after my request saying they are looking for the CCA.

I then got after the 12+2 days another letter saying they waiting for Egg to get back from their archive (sound familar) and date stamped 1 days before the 12+2 days ran out (sound familar?). But since they use something even slower than snail mail you dont get their letters until days after they send them. I have started to write on mine the date I actually recieved it! Which reminds me - I must invest in one of those date stampers!

So do nothing for now.. chances are that if they have not already found it by now then they wont. Did you send yours recorded so you have proof when you sent them? If so that's good. If you send the 30 days letter you will probbaly get one back saying they have 12+2+30 days to retrieve CCA (complete cobswallop) and after that date another saying they could not retrieve CCA and the matter is closed unless they find it in the future. What they actually said on mine was "Egg were unable to provide because the date of the initial agreement was so old (circa 1998)" so my guess is they never will.

My thoughts are that if DCA's are desperate to contact you then why do they all send it 2nd class mail? I have had the odd one from Lowell-life (before my CCA request) saying I have 5 days from date of letter to respond ..... the letter arrived 6 days after the date on letter. Tardis anyone? All goes against them in the end. I'm pretty sure that that would be against OFT Guidelines as being unreasonable!

Hope this helps.
Bazza

stapeley

Now been contacted by DCA number 4 on behalf of ,they say Sainsbury/Hsbos. I requested a CCA from the first company DEC 2007, they after investigation ,sent account back to OC . During the year I have been contacted by three other companies . Each time I wrote informing them of the original request and the non compliance .Two closed the account ,so now dealing with the fourth.
At no time have I received any notice of assignment to any of these companies from the OC . I SUSPECT , that the account is just being sold on each time . Amassing quite a file , but ha ho , until I recieve a TRUE CCA ,will continue with the bog off letters .

Bazza66

stapeley wrote: »

Now been contacted by DCA number 4 on behalf of ,they say Sainsbury/Hsbos. I requested a CCA from the first company DEC 2007, they after investigation ,sent account back to OC . During the year I have been contacted by three other companies . Each time I wrote informing them of the original request and the non compliance .Two closed the account ,so now dealing with the fourth.
At no time have I received any notice of assignment to any of these companies from the OC . I SUSPECT , that the account is just being sold on each time . Amassing quite a file , but ha ho , until I recieve a TRUE CCA ,will continue with the bog off letters .

Stapley,

I am not actually in this situation myself (yet!) but I have always been curious. The original DCA defaults since no CCA and then it turns up again with another DCA and quite rightly can tell them its in default now bog off.

What my thinking is that who sold the debt on? If the original DCA has sold it on then under the data protection act they have seriously commited an offence since they are not allowed to process your data (i.e. sell it on). But if passed back to OC then are they allowed to? There is no CCA so are they also in breach of DP Act?

I would imagine you would have to SAR in order to find out who sold the debt on again - would a SAR infact tell you?

Any thoughts anyone?

dmd12577

Ive had 2 pieces of paper back both with same details on it more or less, both state clearly at the top credit card application for halifax, both contain my name address,employment,income and then goes on to declaration with my signature on both at the bottom. With these letters are about 10-15 pages of conditions of use, which clearly states at the top credit card agreement regulated by the cca 1974. I understand these two top pages with application on them aint a cca but having these with the conditions of use make it an agreement or is cabot pulling a fly one. Im actually doubting myself even though i think its not i just need it confirming. Cabot state in their letter that although its not the original copy and its not available, they have supplied me with a copy of original and this satifies all requirements. They say that because where i signed at the bottom of the application form it states in the signature box this is a credit agreement regulated by ca 1974, sign it only if you wish to be bound by its terms and that under the declaration it states cca 1974 therefore it constitutes as a valid credit agreement. Am i best taking it somehwere to get this verified it is or not a credit agreement?

stapeley

It is a minefield . But basically my view is that pre 2007 , application forms were sent out signed and returned . Credit cards were then sent out . What should have happened in all cases was , a Consumer Credit Agreement form should have been sent out checked my you and signed then returned .The card should then have been sent out . This Agreement should have been stored securely by the companies . The safe storage would ensure things like a signature could be checked if any dispute arose, such as misuse of a card by a third party . This process was not adhered to. It was realised afew years ago that when some people were taken to court following non payment . When a true signed copy of a Consumer credit agreement was requested by the defence to check for example a signature , in many cases, these copies could not be located . Hence cases dismissed . The CC ACT does say no CC Agreement, no enforceable debt .