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Cca Requests Updates Please

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  • Bodi_2
    Bodi_2 Posts: 11 Forumite
    WoW what a minefield. Read most of the thread my head is bursting...Sorry but i seem to be in a different suation from many of you guys.

    First yeah i know i have borrow the money and YES i'm looking for a legal way not to pay.

    1. I have a good credit rate
    2. I make all my payment
    3. i do not w my credit rating affected.

    I have 2 loans with EGG 6K each
    I have one CC with MBNA 9K

    I have spoken to a company..suppose i can name it on here. who will act on my behalf £95 per application.

    I would keep my payment up throught the process.

    If it is ruled that the CCA are not enfrceable so i didnt have to keep paying.

    Would this affect my Credit Rating
  • Bazza66
    Bazza66 Posts: 299 Forumite
    Bodi wrote: »
    I have spoken to a company..suppose i can name it on here. who will act on my behalf £95 per application.

    Do not pay any company to deal with it - they wont do anything more that you cant do for yourself for FREE!!!!!
  • GeorgeUK wrote: »
    Wench, the only way he may get money back is if the debt was not his in the first place. He could send a subject access request to the DCA and they will need to provide a copy of all the information and documents they hold that relate to him. This costs £10 though.

    If he has had bank charges, has he reclaimed these yet?

    Thanks for that, I appreciate you taking the time to reply.

    I'm happy to do that for him, to find out what it was. It would be great to get it back for him, as they are struggling and could do with the cash.

    One thing does occur to me, from going down the SAR route - I can write a cheque, but surely he will need to sign the SAR letter? I'd prefer the DCA didn't get their grubby hands on his signature, as the lovely Activ Kapital who collected hundreds from him this year have recently set BCW onto him for another debt (yet again, we haven't a blimmin' clue what it relates to). I don't want his SAR signature "accidentally" ending up on other paperwork.

    Does anyone have any advice on getting around this problem?

    We've done a SAR with his bank, and their information shows he has never incurred any charges.

    I think it might be the evil ex again - she did some dodgy stuff in his name whilst they were together :mad:
    LBM November 2005: approx £32K :eek:
    Current debt: approx £12K :T
    Getting there one day at a time ;)
  • holley
    holley Posts: 114 Forumite
    Been reading these threads with interest I requested a CCA from Capital one and they have sent me back a standard letter - CCA regulated by the Consumer Credit Act 1974 it has no signatures on it and looks like a photocopy is there a follow up letter to send regarding this as it does not look legal
    Thanks
  • stapeley
    stapeley Posts: 2,315 Forumite
    Yes , you now write and inform them that they have defaulted on your request and they should now remove all details they hold on you. There is a bog off letter on this thread somewhere !
  • ALIBOBSY
    ALIBOBSY Posts: 4,527 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Re the signatures, we have a "financial sig" for agreements cheques etc and a "letter sig" for the DCA's et al. eg change the style slightly and add an obvious difference like a middle initial, big dot, heart shaped dot, smiley in an o......
    Or add a line underneath or even through the middle to stop it being copied.

    Re refunds going to the dca I have heard someone argue that they had other debts and they should get the refund direct to enable a fair allocation of it between the debts? Or even just stating you won't settle unless the cash is sent direct to you.

    good luck

    ali
    "Overthinking every little thing
    Acknowledge the bell you cant unring"

  • pepe2008
    pepe2008 Posts: 5,158 Forumite
    Just a quick update. Requesting that CCCS withold payments to 1st Credit as it is now 3 months into default and, even making sure that they had a SECOND request for CCA, still nothing but waffle.
    Bcrd, they took over from Goldfish ( CC since 2004 ), Defaulted them 19th Dec, thee days ago a photocopy of some old BC T&Cs, today another ( up to date T&C leaflet....wrong! and I have told them so in so many words.
    All other CCA reqs were rec'd on 5 Jan ( 7 of them ) so fingers crossed.

    BlueIsTheColour, if you get a letter from the Court Orders and Disclosures, Legal and Compliance Department of BCrd claiming that they have 'fulfilled their obligation under the CC Act, let me know please. Its b*ll*cks.
    :D:D stay wonky :D:D

    ....one-way ticket to Portugal booked !
  • Sure will Pepe, have heard nothing yet, but as soon as I do I will let you know. They have had since September to "find it", that was the last letter they sent me, then life got in the way and I didnt follow it up until last week, so surely it should be there ready to send......Yeah right, doesnt seem like it does it!

    Will let you know what or if they send anything so we can compare!!
  • Halifax phoned to say they don't have to provide it but they have something they are sending out instead.
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • oscar52
    oscar52 Posts: 2,272 Forumite
    Stapely, George, Fermi. or any other expert on here.

    I currently have a CCA dispute with HFC (sure you seen it so wont go into detail)

    HFC sold their accounts quite a while ago but continued to "administer them"

    My account has been sold to RBS - can I assume that the same would go for RBS as it would for a DCA - ie there is no vaild CCA i suggest you speak to HFC.

    (sorry probably should have said marbles, and not HFC (though one and same)
    No Longer works for MBNA as of August 2010 - redundancy money will be nice though.

    Proud to be a Friend of Niddy.
    no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date
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