Cca Requests Updates Please

rog2

pebbles88 wrote: »

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

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

The links do work, peb :T :T

I have only had a quick glance, as I have to go out soon - sorry - but I hope someone else will have a closer look.

Two very quick points:

• The '£1.00' statutory fee is just that - it is not a payment towards the account, as NatWest say in their letter. Creditors often credit the statutory fee to accounts as an excuse that the 'alleged debtor' has, by making this payment, acknowledged the debt. :mad: :mad:
• If the account was opened in 1998, then you might want to read the post by Miss Marple (above) where she, very astutely, points out that the charges were only recently reduced to £12. The 'agreement' that they have sent you shows these 'current' charges, therefore it should NOT be accepted as a 'true copy of the original executed consumer credit agreement'.

Hope that helps.

Bazza66

rog2 wrote: »

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.

Great letter rog2 - I was in 2 minds as to send a F&F offer as this would stop any future hassle (hopefully).

However paying for a debt where you admit no liability sounds like a oxy-moron. I'm guessing the DCA dont care if you admit or dont and its christmas to them to get a payment for something they know they couldnt legally chase.

On the basis of this is there any harden rules about how much to offer?

I owe you a :beer: or two!

Bazza66

rog2 wrote: »

• The '£1.00' statutory fee is just that - it is not a payment towards the account, as NatWest say in their letter. Creditors often credit the statutory fee to accounts as an excuse that the 'alleged debtor' has, by making this payment, acknowledged the debt. :mad: :mad:

Thats why, and I would urge all others to do the same, put the following in my CCA request (and its underlined in the letter as well).

"the enclosed payment is not to be used to reduce any alleged outstanding balance"

Bazza

rog2

Bazza66 wrote: »

However paying for a debt where you admit no liability sounds like a oxy-moron. I'm guessing the DCA dont care if you admit or dont and its christmas to them to get a payment for something they know they couldnt legally chase.

On the basis of this is there any harden rules about how much to offer?

Hi Baz - A 'Full and Final' Settlement offer is not, necessarily, a logical conclusion to the cca request procedure, but if you feel that it could e appropriate, then bear in mind that the dca would, most likely, have only paid a few pence in the pound for the debt, in which case an offer of 20 -25% should be seen as a good opener, but there are no 'hard and fast' rules.

bignozer

Having been taken to court in Oct 2008 by Arrow Global who bought my original debt from Paragon Finance who's loan i took out in 1998, the court instructed AG to produce my signed CCA within 21 days. Having been back to court this week AG have not been able to produce my CCA 4 months later so the court have issued an Unless Order that they produce my signed CCA within the next 28 days or my alledged debt will be stuck off as it's unenforceable.
I now need any advice on were to start to reclaim any monies paid to AG because they bought a debt with out a signed CCA making any action unenforceable.

Mr Very Happy

rog2

bignozer wrote: »

the court instructed AG to produce my signed CCA within 21 days. Having been back to court this week AG have not been able to produce my CCA 4 months later so the court have issued an Unless Order that they produce my signed CCA within the next 28 days or my alledged debt will be stuck off as it's unenforceable.
I now need any advice on were to start to reclaim any monies paid to AG because they bought a debt with out a signed CCA making any action unenforceable.

Mr Very Happy

Great result, bn. :T :T

Did you, when you requested your cca, send out the 12+2+30 day letter? This letter, no longer applicable, asks for a refund of monies paid, whereas the 12+2 day letter does not. As your case goes back a couple of years, you may have, already, requested that they refund any monies paid towards the 'alleged debt'.
If not, then you will need to write a letter demanding that they repay any monies within 14 days, or you will commence action to recover the money through the Courts. If, as I suspect, they do not send you the cash, then you will need to carry out your threat to start Court Proceedings:

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

A few posters have, successfully, reclaimed money that they have paid, but most report that it can be a long and difficult process.

Good luck.

bignozer

Thanks rog2
I have never requested any CCA, I was just issued a summons to appear in court, were I then requested my signed CCA.
I will write within the 14 days, but as you state I am not expecting a reply, they have until 4.PM on the 12/03/09 to respond to the court, so I presume they will not do anything until then, I am very committed to pursue all monies paid be returned to me, any action I take is not seen as a threat more of a promise, as these people have made my life hell for several years.

rog2

bignozer wrote: »

I will write within the 14 days, but as you state I am not expecting a reply, they have until 4.PM on the 12/03/09 to respond to the court, so I presume they will not do anything until then, I am very committed to pursue all monies paid be returned to me, any action I take is not seen as a threat more of a promise, as these people have made my life hell for several years.

Probably best to wait till the Court deadline has expired, before you contact them, bn.
If, as I suspect, they are unable to produce the cca, then give them a taste of the same 'hell' that they have shown you.
Keep us posted. :beer:

bignozer

Many Thanks rog2

I will keep you posted of the out come.

bignozer

GeorgeUK

I would also suggest you go over to the consumeractiongroup forum and post on the legal issues board. Hopefully there will be others there that have experience of this and i know there are a few legal beables around there that can hopefully offer advice.

Great result.