Cca Requests Updates Please

rog2

Bazza66 wrote: »

So you are saying also that once you send off for a CCA request you then do not follow up with anything else? Not even the 12+2 letter?

Hi Baz - I'm sorry if my post is confusing - I had assumed, possibly wrongly, that Weekend Warrior had, in fact, sent off the '12+2day letter'.
I always, normally , reccomend sending the 12+2 letter, but you have raised a very important point and the more I think about it the more I am inclined to think that the 12+2 day letter is more of a courtesy than a legal necessity.

Enjoy your beer. :beer:

Weekend_warrior

Bazza66,
I'm with you on this one!
I too am as confused as hell.
There is a lot of stuff on this site by a lot of clued up people
especially Rog2 who has a lot of excellent advise and I have read his
posts for a while before I decided to take action.
I was always led to believe there is follow-up letters to be sent
to ensure I would be beyond reproach by any dca's.

W.W.

rog2

Weekend_warrior wrote: »

I too am as confused as hell.
There is a lot of stuff on this site by a lot of clued up people
especially Rog2 who has a lot of excellent advise and I have read his
posts for a while before I decided to take action.
I was always led to believe there is follow-up letters to be sent
to ensure I would be beyond reproach by any dca's.

W.W.

Hi again, WW

I am really sorry if I have, albeit unintentionally, contributed to your confusion. :embarasse :sad: :embarasse

Of Course, there are follow up letters that you can send. I had, possibly incorrectly, assumed, from your post, that you had in fact sent the '12+2' day letter, which informs the dca/creditor that they are, now, in default, and that you will, no longer e making payments to them.

If my assumption was wrong (I am only human) then I apologise most profusely.

If you haven't sent them the letter, then you should do so now - the link (thanks to Weller) is:

http://forums.moneysavingexpert.com/showpost.html?p=9148355

Please send them that letter, amended to suit, if necessary. I will check on the 'legal necessity' of the letter, but, in the meantime please, everybody, continue to send the 12+2 day letter. As always, send it using a 'signed for' service.

Humbly and totally embarassed - rog2 exits in shame.

pebbles88

Hello,

just after some advice, following my default letters to my catalogues littlewoods and kays (after neither could supply a cca), today i received a statement from Kays. As normal they have the minimum payments on the bottom etc, but there is a note saying that i have missed the min payment, and that in future they will charge me £12 if payment not received in full and on time. They are also asking for the arrears.

the statement was produced well after the default letter arrived with them, i thought they could not pursue monies owed once they receive the default??? they have until the 23rd to get back to me following the default letter.

andyathers

Hello ,
I requested a True CCA from th Halifax for my credit card.They sent the following.Its it enforceable.The letter says they dont need to provide one.
Thanks

rog2

pebbles88 wrote: »

just after some advice, following my default letters to my catalogues littlewoods and kays (after neither could supply a cca), today i received a statement from Kays. As normal they have the minimum payments on the bottom etc, but there is a note saying that i have missed the min payment, and that in future they will charge me £12 if payment not received in full and on time. They are also asking for the arrears.

the statement was produced well after the default letter arrived with them, i thought they could not pursue monies owed once they receive the default??? they have until the 23rd to get back to me following the default letter.

Hi pebbles - provided that the account was opened before 6th April 2007, then both Littlewoods and Kays are legally obliged to provide you with a cca within 12 working days of your request:

www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts

The law was amended in 2007 making it no longer an automatic requirement for a court to declare the agreement unenforceable if there was no signed agreement.

So, if your agreement was prior to the above date and you have sent a cca request, followed up by the 'default letter' then really there is nothing that they can do, other than to 'miraculously' find the cca and take you to court in the hope that the court will declare the agreement enforceable.

My guess is that the 'accounts' section are blissfully unaware of your cca request - but that does not excuse them.

Personally, I would ignore their demand for the time being, but if they continue to harass you, then you could complain to Trading Standards and the ICO.

pebbles88

rog2 wrote: »

Hi pebbles - provided that the account was opened before 6th April 2007, then both Littlewoods and Kays are legally obliged to provide you with a cca within 12 working days of your request:

www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts

The law was amended in 2007 making it no longer an automatic requirement for a court to declare the agreement unenforceable if there was no signed agreement.

So, if your agreement was prior to the above date and you have sent a cca request, followed up by the 'default letter' then really there is nothing that they can do, other than to 'miraculously' find the cca and take you to court in the hope that the court will declare the agreement enforceable.

My guess is that the 'accounts' section are blissfully unaware of your cca request - but that does not excuse them.

Personally, I would ignore their demand for the time being, but if they continue to harass you, then you could complain to Trading Standards and the ICO.

Hi Rog2

yes the accounts were both opened inthe later 90's, so im pretty sure they wont be finding the cca as i know i havent signed anything!

they arent getting a penny off me until they reply to my default anyway, cheeky barstools!

what happens after the 30 days is up then?? i would like to close the accounts and have it as satisfied on my credit scores, would i have to offer a full and final for this?

rog2

andyathers wrote: »

Hello ,
I requested a True CCA from th Halifax for my credit card.They sent the following.Its it enforceable.The letter says they dont need to provide one.
Thanks

Hi andy

It looks as though they have sent you a copy of the 'credit agreement' that was in force at the time you took out the credit'.
That is what they mean by 'executed'.
They are, although there are several schools of thought on this, correct in that they only need to send you a copy of the 'original executed cca'.
The question is - is what they have sent you the document to which you agreed?

Miss_Marple_2

rog2 wrote: »

Hi andy

It looks as though they have sent you a copy of the 'credit agreement' that was in force at the time you took out the credit'.
That is what they mean by 'executed'.
They are, although there are several schools of thought on this, correct in that they only need to send you a copy of the 'original executed cca'.
The question is - is what they have sent you the document to which you agreed?

Sorry to wade in, but when I had the same thing, the agreement ( as with Andy) stated that £12 was payable for a missed payment. Given that most CC companies were only forced into reducing it to £12 relatively recently ( I forget when exactly) I'm guessing that they haven't sent the CCA that was in place at the time.

For me, I opened my account in 1999, and no way ( even if I had signed anything) did any CCA refer to £12 charges for late payment. So their 'true copy' was anything but.

Having said that, I've ignored that and just sent them the default letter. But the £12 clause does allow you to get an idea of when the agreement might have been drawn up compared to when you opened the account

rog2

pebbles88 wrote: »

they arent getting a penny off me until they reply to my default anyway, cheeky barstools!

what happens after the 30 days is up then?? i would like to close the accounts and have it as satisfied on my credit scores, would i have to offer a full and final for this?

You no longer need to wait for the additional '30 days' pebbles. They are 'in default' once the 12 working days, from receipt of your request, have expired.

What happens now is that you are now in the driving seat. They can not enforce the agreements, without Court permission, so it is entirely up to you how you deal with it from now on.

You are, in fact, no longer under any legal obligation to pay them, but I sense, from your post, that you, very responsibly, do not wish to 'walk away from the debt altogether' so you have several options open to you, including 'Full and Final Settlement Offers' - www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Why not have a word with National Debtline, CCCS or your local CAB to see what other options are?