Cca Requests Updates Please

pebbles88

cocker100 wrote: »

Thanks for your reply.

Just noticed that this is the same address (PO Box)as is on the back of the envelope of my statement. (i.e. if undelivered please return to........)

However, I had a finest platinum card, not a clubcard credit card. Should I just amend that line or delete it?

(P.S. Cant click your "thanks" icon, my computer never lets me, it just disappears if I do!)

Cocker:)

hiya,

my thanks button does that sometimes too!
i dont know about changing the title, i assume it would be wise too, perhaps it just helps it end up in the right tray so to speak! it cant hurt, as long as you put all your details on the letter it should get there, but please please send it recorded delivery!

cocker100

pebbles88 wrote: »

hiya,

my thanks button does that sometimes too!
i dont know about changing the title, i assume it would be wise too, perhaps it just helps it end up in the right tray so to speak! it cant hurt, as long as you put all your details on the letter it should get there, but please please send it recorded delivery!

Thanks again!

Will send it recorded delivery. Made that mistake before!

This is my third CCA request now. Have already sent one to LLoyds TSB card and Morgan Stanley (Goldfish) card - now with 1st credit DCA.

Not one response from Lloyds regarding this, so have just stopped payments to them on my DMP and sent them a default letter. See if that gets them moving.:rolleyes:

As for 1st Credit!!!:mad: Cant write anything about them without inserting lots of ***********!!! They sent me an edited application form several months ago. Replied stating this was not what I asked for and they are now chasing OC again after I complained to their compliance officer. Still waiting.

Both of these are now well in default but no one seems to take any action against creditors when they blatently ignore the rules.

Have you had a reply from Tesco yet?

Cocker:)

pebbles88

cocker100 wrote: »

Thanks again!

Will send it recorded delivery. Made that mistake before!

This is my third CCA request now. Have already sent one to LLoyds TSB card and Morgan Stanley (Goldfish) card - now with 1st credit DCA.

Not one response from Lloyds regarding this, so have just stopped payments to them on my DMP and sent them a default letter. See if that gets them moving.:rolleyes:

As for 1st Credit!!!:mad: Cant write anything about them without inserting lots of ***********!!! They sent me an edited application form several months ago. Replied stating this was not what I asked for and they are now chasing OC again after I complained to their compliance officer. Still waiting.

Both of these are now well in default but no one seems to take any action against creditors when they blatently ignore the rules.

Have you had a reply from Tesco yet?

Cocker:)

i have only heard back from tesco credit card, not the loan side, i received aletter saying that as i had not signed the letter, they couldnt action it, so i pinged a cca request back straight away, still not heard from them regarding that though. I was so scared when i first started this, now thankfully i just direct my anger at them, rather than getting upset. otherwise i go to pieces.

cocker100

pebbles88 wrote: »

i have only heard back from tesco credit card, not the loan side, i received aletter saying that as i had not signed the letter, they couldnt action it, so i pinged a cca request back straight away, still not heard from them regarding that though. I was so scared when i first started this, now thankfully i just direct my anger at them, rather than getting upset. otherwise i go to pieces.

I know what you mean. When I first realised that we were in financial trouble, I tried frantically to get another secured loan against the house to pay the debt off. Looking back now, I am so glad that no one would give us one as i'm sure we would have eventually lost the house!:eek:

Instead, we entered into a DMP. It has been the best thing I have ever done. Things were all quiet for a while, but then some creditors starting wanting more money and thretening us with court and bankrupty!

Only then did I start sending out CCA requests. I know I have spent the money and do genuinely want to pay it back, but at my own pace and without the threat of been dragged through the courts and losing our home.

I still have several creditors who have been great with the DMP and I am quite happy to keep paying them until the debt is repaid, or at least offer them a final settlement that they are happy with.(If I could ever raise the money) However, some have been less than helpful and have thretened all sorts. These are the ones who get sent a CCA request! Tesco now want increased payments, so now it is their turn.;)

In a way, i'm glad when they dont respond, as it leads me to believe that they dont have the required documents and therefore will never take me to court.

pebbles88

cocker100 wrote: »

I know what you mean. When I first realised that we were in financial trouble, I tried frantically to get another secured loan against the house to pay the debt off. Looking back now, I am so glad that no one would give us one as i'm sure we would have eventually lost the house!:eek:

Instead, we entered into a DMP. It has been the best thing I have ever done. Things were all quiet for a while, but then some creditors starting wanting more money and thretening us with court and bankrupty!

Only then did I start sending out CCA requests. I know I have spent the money and do genuinely want to pay it back, but at my own pace and without the threat of been dragged through the courts and losing our home.

I still have several creditors who have been great with the DMP and I am quite happy to keep paying them until the debt is repaid, or at least offer them a final settlement that they are happy with.(If I could ever raise the money) However, some have been less than helpful and have thretened all sorts. These are the ones who get sent a CCA request! Tesco now want increased payments, so now it is their turn.;)

In a way, i'm glad when they dont respond, as it leads me to believe that they dont have the required documents and therefore will never take me to court.

Snap! me and DH were thinking along the same lines, thank god for the good advice on here! we contacted CCCS, but they wouldnt even advise us as we didnt have any money to start to pay debts back, so i am not particularly impressed with them, so we're doing it ourselves.

Miss_Marple_2

Hello

I'm back for some more help if possible.

JDWilliams have responded to my CCA request saying that
' under s 78 of the consumer credit act 1972 under regulations 3 (2)(b) of the consumer credit (cancellation notices and copies of documents) Regulations 1983 there is no requirement to provide a copy of the agreement bearing your signature, it is sufficient that we supply a 'true copy' of the agreement setting out the terms & conditions to which you have agreed. A 'true copy' need not bear the debtor's signature nor the date of the agreement'

They have sent me a copy of a credit agreement (unsigned by me) in which they have handwritten my account code. It is obviously a new bit of paper

Does anyone know if this is correct ? Does it need to have my signature to be enforcable ? I have had the account with them since 1999.
Thanks for your help

fiveyearplan

cocker100 wrote: »

I know what you mean. When I first realised that we were in financial trouble, I tried frantically to get another secured loan against the house to pay the debt off. Looking back now, I am so glad that no one would give us one as i'm sure we would have eventually lost the house!:eek:

Instead, we entered into a DMP. It has been the best thing I have ever done. Things were all quiet for a while, but then some creditors starting wanting more money and thretening us with court and bankrupty!

Only then did I start sending out CCA requests. I know I have spent the money and do genuinely want to pay it back, but at my own pace and without the threat of been dragged through the courts and losing our home.

I still have several creditors who have been great with the DMP and I am quite happy to keep paying them until the debt is repaid, or at least offer them a final settlement that they are happy with.(If I could ever raise the money) However, some have been less than helpful and have thretened all sorts. These are the ones who get sent a CCA request! Tesco now want increased payments, so now it is their turn.;)

In a way, i'm glad when they dont respond, as it leads me to believe that they dont have the required documents and therefore will never take me to court.

Thats the one thing I don't understand about DMPs. If a creditor accepts it in the first place they should stick with it! There are many people bankrupt now because a creditor didn't stick to the original DMP - how can that be fair for the other creditors (all their debt will also be wiped out in bankruptcy) or for the debtor? It just doesn't make sense.

cocker100

fiveyearplan wrote: »

Thats the one thing I don't understand about DMPs. If a creditor accepts it in the first place they should stick with it! There are many people bankrupt now because a creditor didn't stick to the original DMP - how can that be fair for the other creditors (all their debt will also be wiped out in bankruptcy) or for the debtor? It just doesn't make sense.

The thing with a DMP is that it is not a legally binding contract, unlike an IVA for instance that is. Appartently, we never qualified for an IVA. (Whatever the criteria is for an IVA).

I think creditors think that you have just had a minor blip in your finances and think that after a few month, you will be able to start paying the normal payments again. Thats why they accept the repayment proposal for a few month.

When they realise you're not gonna pay, they either sell the debt onto a DCA or try and bully you into paying more and threten all sorts of nasty things.

Either way, you are in for a bump ride.

Cocker:)

Bazza66

Am I right in thinking that Lowell Portfolio I have not had their Credit License Renewed?

Looking at this site - http://www2.crw.gov.uk/pr/default.aspx - you need to search for Lowell and then click on the Portfolio I in the search results - it looks like their license ran out last Oct.

Anyone any thoughts on this?

Miss_Marple_2

Hello again - I've been doing a bit of research into whether JDWilliams need to supply a copy of a CCA signed by me.

From my reading, it seems like they don't have to, but the fact that they don't have a signed copy does make any debt unenforcable. I think they are trying to say that any agreement would be over 6 years old, so they don't need to keep records longer than 6 years, but surely they can't enforce an agreement that they have no record of me signing. If they are saying the account is still active, should it not have a valid (and signed) CCA ?

I have written the 'unenforcable' letter and am going to send it tomorrow. Does anyone think that that is the best course of action ?