Cca Requests Updates Please

badgerbread

I would appreciate any advice that you could give me on my cca with mbna I have written on another site as well so I apologise now if you have already read this it's just that I am trying to gain as much info as possible because i don't know what to do next.

I feel the cca could be enforceable the only queries that I have on it is my name which has been written in at the top of the page is not spelt right the signature is mine though. the only other thing is that in the letter that they have sent me they have said that they have enclosed the current terms and conditions is this what they are meant to supply or are they meant to supply the t&c when I opened up the account which was march 07

these are the links to what I have recieved

http://i448.photobucket.com/albums/qq207/roger57/IMG_0483.jpg

http://i448.photobucket.com/albums/qq207/roger57/IMG_0484.jpg

also sorry one last thing I phoned them today to ask how much for a full and final settlement they offered me to pay 75% of the balance is this about right as I would need to borrow from family to get this sorted

thanks in advance for any advice

10past6

badgerbread wrote: »

http://i448.photobucket.com/albums/qq207/roger57/IMG_0483.jpg

http://i448.photobucket.com/albums/qq207/roger57/IMG_0484.jpg

they offered me to pay 75% of the balance

Thats an application form they've sent you

No wonder they've offered 75% off :rotfl:

10past6

drinkupretty wrote: »

I read that the 30 days default clause has now been repealed and that an offence is no longer committed if a company fails to submit a CCA in the 12+2+30 time period. So does this mean that if they were to send you a valid copy of your CCA after this period that the debt is then enforceable again? If so what is the point in asking for a CCA? All my CCA requests are for cards taken out previous to 2007.

The purpose is they have 12+2 days to produce your CCA

If they fail then they enter default.

That means they cannot add any intrest or charges until the official document is produced.

You could be difficult in that even if they produce a valid CCA AFTER the timescale, you could refuse to pay and request a judge make a decision as they failed to produce it within the time frame.

They would have to explain why it took them longer than 12 days to produce it.

badgerbread

The bit that I was worried about was the back of the form its shown in the first link that I have posted is this not a cca agreement

10past6

I don't believe it's a valid CCA

Yorkshire_Bred

The date stamp at the top of the agreement...... is this not after section 127(3) of the CCA was repealed?

badgerbread

it is but the date by the signature is 01/04/07 this is not written in my writing though

badgerbread

thats the date thats not my writing the signature is mine not sure if i worded that right previously

10past6

BlueIsTheColour wrote: »

I have communicated with them all along, through CCCS's advice

If you're with CCCS why are you dealing with them?

Send them this letter by recorded delivery

Your Address

DAC / Creditor's Address

Date

Ref A/C xxxxxxxx

On the top of your letter state very clearly in big bold letters “FORMAL COMPLAINT”

Dear Sir / Madam

I refer to the above account, held with yourself's.

I have informed your company on numerous occasions I am experiencing financial difficulties.

I am acting in a responsible manner re my current situation, by seeking the advice from XXXX, I have informed your company of this, which has fallen on deaf ears.

Due to the continued harassment I'm experiencing from your company, I have taken advice from the OFT, I am informed your company is in breach of the following guidelines:

Deceptive and / Or Unfair Methods.

2.8 Examples of unfair practices as follows:

C: Refusing to deal with appointed or authorised appointed third parties, such as, Citizens Advice Bureau, Independent Advice Centres, or Money Advisor's.

Contacting debtors directly and bypassing their appointed representatives.

I have informed your company, that (give the name of the organisation and account number of whose managing your DMP), is my authorised third party appointed representative.

If I do not receive a satisfactory reply to my complaint from your company within 7 working days, from the date of this letter, I reserve the right to refer my complaint to the OFT for adjudication.

BlueIsTheColour

10past6 wrote: »

If you're with CCCS why are you dealing with them?

Send them this letter by recorded delivery

Your Address

DAC / Creditor's Address

Date

Ref A/C xxxxxxxx

On the top of your letter state very clearly in big bold letters “FORMAL COMPLAINT”

Dear Sir / Madam

I refer to the above account, held with yourself's.

I have informed your company on numerous occasions I am experiencing financial difficulties.

I am acting in a responsible manner re my current situation, by seeking the advice from XXXX, I have informed your company of this, which has fallen on deaf ears.

Due to the continued harassment I'm experiencing from your company, I have taken advice from the OFT, I am informed your company is in breach of the following guidelines:

Deceptive and / Or Unfair Methods.

2.8 Examples of unfair practices as follows:

C: Refusing to deal with appointed or authorised appointed third parties, such as, Citizens Advice Bureau, Independent Advice Centres, or Money Advisor's.

Contacting debtors directly and bypassing their appointed representatives.

I have informed your company, that (give the name of the organisation and account number of whose managing your DMP), is my authorised third party appointed representative.

If I do not receive a satisfactory reply to my complaint from your company within 7 working days, from the date of this letter, I reserve the right to refer my complaint to the OFT for adjudication.

I am not with CCCS at the minute as I can only afford £1 token payments, so they sent me the templates which I sent off to all the creditors but am not currently on a DMP so they refuse to accept the offer....

I have made a complaint to the FO already about their treatment of me, but as they are snowed under nothing is happening with that yet, so am presuming I need to send them them the follow up letter as they havent supplied a CCA depsite promising me I would have it by the end of September... Although am now confused which letter to send cos of this 30 day thing not being valid or something, I just dont think this is the sort of thing a daft novice like me should be attempting.....

Thanks for your reply :T