Cca Requests Updates Please

blueforyou

Anyone willing to share a copy of Statutory Instrument 2006 No. 3094 The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2006?

cocker100

Hi all,

Just a quick question!

If the cca (or application form) in this case isn't signed by the creditor, is this unenforceable?

Received an EDITED application form from 1st credit DCA back in October from when I originally requested CCA for my former credit card with Morgan Stanley. Edited because various sections were blanked out, namely the finanial and ppi sections! Still awaiting true copy.

Anyway, the signature box for the creditor was empty.(Not blanked out, actually empty). There was only a date stamp slighty over the box, nothing else.

Is this enforceable?

Any ideas?

Cocker:)

stapeley

Date stamp can be accepted by the courts . But edited forms or copies of forms from the time of application are not . Must be copy of the actual CCA you should have signed and returned at the time.

cocker100

stapeley wrote: »

Date stanp can be accepted by the courts . But edited forms or copies of forms from the time of application are not . Must be copy of the actual CCA you should have signed and returned at the time.

The date stamp is not in the box where the signature goes. It is within part 9 of the form, entitled "the agreement" The last part of the paragragh reads "to take advantage of all the benefits of the Morgan Stanley Dean Witter Card, apply before 1st September 2000. There is then a stamp saying "21 JUN 2000"

I think it was becasuse of a special interest rate they were offering at the time on balance transfers.

The box entitled "for office use only" is empty.

Signed on behalf of Morgan Stanley Dean Witter Bank Limited.............

............Nothing signed.

Date of Agreement....................

............Nothing entered here.

Any clues?

Cocker:)

andyathers

Hello all ,
Tesco loans are taking me to court for £8000.I am with payplan and have made 6 payments now to them.I have a letter from tesco accepting my offer,but a week later a letter frrom incasso solicitors taking court action.
I requested a CCA which they sent and have posted it a couple of posts up.It seems a good CCA, but tesco have not yet defaulted me.

thanks

Broken_hearted

are you sure they are taking you to court not just saying we may take you to court if you don't contact us

GeorgeUK

blueforyou, here's a link to 3094, but not sure this is what you are looking for.
http://www.opsi.gov.uk/si/si2006/uksi_20063094_en.pdf

Not sure if this is what you were after.
http://www.opsi.gov.uk/ACTS/acts2006/ukpga_20060014_en_1

shell64

i would like to thank stapley,10past8,fermi for all there help i requested a cca in november 2008 got a letter this morning saying they are closing my file removing all data that they hold about me i am not trying to escape my debts but when a dca is phoning all hours off the day and nite always wanting more money off me which i simple could not afford i requested a cca off them 12plus 2 days went still not heard any thing i was still paying them even thou they sent an application form witch they said was my cca it had my name address date off birth and my signature on it i posted it on the sight fermi told me straight away it was not a cca i wrote back to tell them that it was an application form and that was not i requested this is very good news for people going down this route if they cant prove it u get 0000 balance

one-day

what do i do when the company says they are trying to track my cca and will get back to me but its past the 12+2 days ??????

Joshellie

I am completely new to forums so hope you'll bear with me. We have received a letter from Capquest regarding a statutory demand.
Our background is that we ran a business until the end of December 2005 and closed it owing quite a lot of money (around £30,000) mainly to banks and credit card companies. We are both pensioners have no assets and live in rented accomodation, we receive the government state pension and housing benefit. We are paying £25 each per month to the Inland Revenue and I have a £20 per month CCJ to Barclays. We receive regular demands for repayment from various companies.
Yesterday a letter arrived from Capquest who had bought the debt of £1323.76 from Shop Direct, does a statutory demand mean that they will make us bankrupt and take our furniture? We have a car but that is under the Motability Scheme and obviously belongs to them.
If anyone can help I would be very grateful - I know this is all our own fault but my partner is quite ill and I do not want to worry him with all this.

Thankyou