Cca Requests Updates Please

rog2

Miss_Marple wrote: »

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.

Very well spotted Miss M. :T :T

If that is, indeed, the case, then andy should, as you did, send them the default letter. If it goes to Court, then the point that you have, justifiably, raised should be more than sufficient to convince a Court that it is, indeed, not the original executed cca.

Andy should, therefore, just wait till the 12+2 days have expired, then send the default letter.

You live up to your user name very well. :rotfl: :rotfl:

pebbles88

rog2 wrote: »

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?

Hiya,

Yes i don't just want to walk away, but i am not in the position to be able to pay the full amount either, I had a look at the template letter, but i would rather send one that suggests that as they do not have asigned agreement that i am offering x amount as full and final. does anyone have any links to one??

Weekend_warrior

QUOTE:-
"Hi again, WWI am really sorry if I have, albeit unintentionally, contributed to your confusion. :embarasse :sad: :embarasse
If my assumption was wrong (I am only human) then I apologise most profusely.
Humbly and totally embarassed - rog2 exits in shame."

Hi Rog2,
No need for any of that !!!
I'm need no persuading that your advise and humour far outstrips mine
and I'm equally sure your advise has not only helped myself but many
others as well.
I prostrate myself before you sir,
Keep up the good work.

W.W.

Bazza66

rog2 wrote: »

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:

Cheers rog2. I am of the same opinion of the 12+2 letter - it is only reminding them what they already know but I would think it better to still send to complete the paper trial and also let them know you know what you are on about.

As for the 12+2+30 letter - I am guessing there is no point in sending that one at all now?

Thanks for your help - not only for me but the many others on here. If everyone who you helped bought you a beer then you would be a very very drunken person!

Goodfellas

I am waiting for a CCA reply from HSBC Mastercard I sent the letter on 12th Jan and had nothing. When I call them to chase it they say I will recieve it the following week or tell me that one has been sent out. They are just messing me around and I have offerred a full and final of 50% which they will not accept even though I have only made token payments for months. They have told me again that if I dont recieve the CCA by next weds to call them back.

I am fed up of spending time and money chasing this. Is there a letter I can send that offers a full and final but states that they have not complied with my request and as they havent then the debt is unenforcable and in that case they should acceptwhat I am offerring?

If anyone knows where I can find this letter could you please attach the link.

Bazza66

Goodfellas wrote: »

I am waiting for a CCA reply from HSBC Mastercard I sent the letter on 12th Jan and had nothing. When I call them to chase it they say I will recieve it the following week or tell me that one has been sent out. They are just messing me around and I have offerred a full and final of 50% which they will not accept even though I have only made token payments for months. They have told me again that if I dont recieve the CCA by next weds to call them back.

I am fed up of spending time and money chasing this. Is there a letter I can send that offers a full and final but states that they have not complied with my request and as they havent then the debt is unenforcable and in that case they should acceptwhat I am offerring?

If anyone knows where I can find this letter could you please attach the link.

Did you send the 12+2 letter? If you have then you dont need to do anything more until they contact you. My opinion is do not phone them - keep everything in written form! (if it went to court there is always the "you said this on the phone" "no I didnt" scenerio) so best keep everything written.

If you have not sent the 12+2 letter then I suggest you do so now (do a search on this thread for it) and then you can choose to stop paying them until they provide a CCA or not - that choice is yours. If they cannot produce the CCA then they have no rights to chase you for the debt nor do you have to pay anything.

pebbles88

Morning everyone, please could someone look at this for me, its the reply from natwest to my cca, the account was opened in 1998.

its just a letter, a photocopied leaflet, and a letter from when they sent me the credit card.

http://i646.photobucket.com/albums/uu182/pebz88/nw1.jpg

http://i646.photobucket.com/albums/uu182/pebz88/nw2.jpg

http://i646.photobucket.com/albums/uu182/pebz88/nw3.jpg

http://i646.photobucket.com/albums/uu182/pebz88/nw4.jpg

http://i646.photobucket.com/albums/uu182/pebz88/nw5.jpg

http://i646.photobucket.com/albums/uu182/pebz88/nw6.jpg

http://i646.photobucket.com/albums/uu182/pebz88/nw7.jpg

i really hope these links work, i have never pit images on before!

I have also received a identical letter from Tesco credit card, only difference being is they do have a signed credit agreement.

thank guys

rog2

Bazza66 wrote: »

As for the 12+2+30 letter - I am guessing there is no point in sending that one at all now?

None whatsoever, Baz. :beer:

rog2

pebbles88 wrote: »

I had a look at the template letter, but i would rather send one that suggests that as they do not have asigned agreement that i am offering x amount as full and final. does anyone have any links to one??

As far as I know, pebbles, there is no combined 'template letter' for what you want to do.
I would suggest that you wait for their next written contact, then reply with the 'full and final settlement letter', which you could amend as follows:

"Dear Sir/madam,

Ref.

As you have been unable, or unwilling, to provide me with a true copy of the executed consumer credit agreement, as is my right to request and your legal obligation to provide under Section 78 of the Consumer Credit Act, 1974, this account is, as stated in my letter of (insert date of 12+2 day letter) no longer enforceable by Law.

I am not, therefore, prepared to pay you the amount that you claim is due.

However, and without admitting any liability for the alleged debt, I am prepared to make an offer of £xxxxx, as an ex-gratia payment in Full and Final Settlement of the account.

This offer is made on the clear understanding that neither you, or any associate company, will attempt any further action to pursue this alleged debt, in any way whatsoever, and that I will be released from any liability - perceived or actual.

Furthermore, I insist that you remove any default notices, relating to the above account, that you have registered on any credit reference agency file and that any other entry relating to the account is marked as 'Satisfied in Full'.

Payment can be made within xx weeks of receiving your written agreement of my offer and payment terms.

This offer is non-negociable and made as a gesture of goodwill. In the event of your rejection of my offer, or in the case of no written reply being received by me within 14 days of the date of this letter, then you remain 'in default' and subject to the terms outlined in my letter of (insert date of 12+2 day letter).

Your faithfully

Pebbles."

Obviously the above letter will depend on you having sent the 12+2 day letter.

pebbles88

rog2 wrote: »

As far as I know, pebbles, there is no combined 'template letter' for what you want to do.
I would suggest that you wait for their next written contact, then reply with the 'full and final settlement letter', which you could amend as follows:

"Dear Sir/madam,

Ref.

As you have been unable, or unwilling, to provide me with a true copy of the executed consumer credit agreement, as is my right to request and your legal obligation to provide under Section 78 of the Consumer Credit Act, 1974, this account is, as stated in my letter of (insert date of 12+2 day letter) no longer enforceable by Law.

I am not, therefore, prepared to pay you the amount that you claim is due.

However, and without admitting any liability for the alleged debt, I am prepared to make an offer of £xxxxx, as an ex-gratia payment in Full and Final Settlement of the account.

This offer is made on the clear understanding that neither you, or any associate company, will attempt any further action to pursue this alleged debt, in any way whatsoever, and that I will be released from any liability - perceived or actual.

Furthermore, I insist that you remove any default notices, relating to the above account, that you have registered on any credit reference agency file and that any other entry relating to the account is marked as 'Satisfied in Full'.

Payment can be made within xx weeks of receiving your written agreement of my offer and payment terms.

This offer is non-negociable and made as a gesture of goodwill. In the event of your rejection of my offer, or in the case of no written reply being received by me within 14 days of the date of this letter, then you remain 'in default' and subject to the terms outlined in my letter of (insert date of 12+2 day letter).

Your faithfully

Pebbles."

Obviously the above letter will depend on you having sent the 12+2 day letter.

Thanks Rog2, they have had the 12+2 letter and are currently on their 30 default letter. at least its some good news after tesco and natwest getting back to me today. Just havent got it in me today to keep fighting them.

thanks again. :T