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Cca Requests Updates Please

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  • Hi, just thought I would let everyone know this. I had a court case issued against me by HFC via. Weightmans LLP. I defended the case as they could not supply a copy of the CCA. Too cut a long story short after much tooing and froing they eventually came up with the CCA. It looked authentic and seemed to contain all the required info. so I started getting worried about the looming court case.

    On several occasions Weightmans contacted me saying that I needed to provide various documents to the court (which I had already done) so I wrote to them advising this and copied everything to the court for their info.

    Eventually I think the judge got fed up with Weightmans telling me to provide items that had already been supplied and advised them that if they had not already done so they needed to provide a CCA and a notice of assignment.

    To my surprise a few weeks later after trying hard to get me to contact them (which I didn't) I received a letter from Weightmans stating that the case was discontinued.

    I wasn't quite sure what this meant at first, didn't know whether to celebrate or not but I spoke to the court and they advised me that that was the end of the case Yeehey!!!!!

    I know this won't always be the way it goes but I hope this inspires those of you who are fighting similar cases.:T
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    To my surprise a few weeks later after trying hard to get me to contact them (which I didn't) I received a letter from Weightmans stating that the case was discontinued.

    I wasn't quite sure what this meant at first, didn't know whether to celebrate or not but I spoke to the court and they advised me that that was the end of the case Yeehey!!!!!

    Well done steamroller - a great result and an incentive to others. :T :T
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • stapeley
    stapeley Posts: 2,315 Forumite
    :jAnother one bites the dust !!!!!!!!!! :jWould be good to see the reasons it was discontinued .It seems very strange these DCA ,s do not realise the importance of the assignment !

    I think this sort of news deserves to be bumped up the page , instead we get all the tittle tattle threads like , "what are you doing this THURSDAY" thread . or "Save a penny on a tin of baked beans " .:eek:
  • Debitas are still phoning me despite me telling them that capital one have not honoured my CCA agreement. A lady just rang from them, I told her to hold a couple of mins as there was 'someone at the door' its been 11 mins and she's still holding!
  • stapeley
    stapeley Posts: 2,315 Forumite
    I put mobile next to the TV turn on LOOSE WOMEN .
  • stapeley wrote: »
    I put mobile next to the TV turn on LOOSE WOMEN .

    hehe they had a dose of Norwegian heavy metal courtesy of my housemate, they hung up not long after.
  • Hi Guys,

    Right, really need some advice as to my next move with 1st Credit. After weeks of being in default, I've today received a letter from them appartently fulfilling their CCA request and enclosing yet another EDITED version of my original application form with Morgan Stanley and the currant terms and condition sheet.(Which is now appartently run through Barclaycard:confused: )

    They rekon that this is all they need to provide under s78 CCA act 1974. Here is the extract from their letter. (This is word for word with no typo's from me!)


    Pursuant to your request please find enclosed a copy of your agreement.

    We regret to inform you that section 78 CCA 1974 does not require 1st Credit Limited to provide you with a copy of the executed agreement as you appear to believe. It requires 1st Credit Limited to provide you with a "copy of the executed agreement" as defined by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

    The obligation to provide you with that documentation is fulfilled by the provision of the terms and conditions, which are supplied to customers upon reissue or issue of their card by the original creditor, being printed on the card carrier. We enclose a copy of terms and conditions for your account. This is an industry standard document and conforms with the Regulations.

    The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 make it clear at Reg3 that the "copy executed agreement" is not required to be an exact replica of the original agreement per se but an extract since it is allowed to omit certain information including any signature box, signature, or date of signature.

    It is correct that if the default of the credit agreement continues for one month, that an offence may be committed. However, if an offence is committed, that does not affect the rights and duties between us. The Act provides defences to any offence which we believe would apply, in this case where we have to obtain documents and information to answer your request from the original creditor. We enclose documents pursuant to your request.

    Right then, what should I make of this. They mention the 30 day offence which I thought no longer applied! Are they clutching at straws are they correct? :confused:

    Looking at the application form, it looks very basic and isn't signed by the creditor, though it is signed by me. I'll try and post it up later if I can crank up my scanner! (It doesn't get used very often)

    Any advice on this would be great appreciated

    Cocker:)
  • Hi blind-as-a- bat thank you for replying to me and sorry for my late reply. The account was a store card which was satisfied by cityfinancial. However there is also another entry (for the same account) from city financial saying default. The account has then been passed to Cabot whom have placed a default on the credit report.We contacted Cabot about this and they have now contacted city financial for some information which they said will hopefully be here in 21 days (these 21 days have now passed). I was woundering if there is actually a time period for which Cabot need to reply to us?
  • Any ideas why I cant post attachments???:o

    I cant upload scanned image of application form!!!:mad:

    Is this anything to do with the fact that I also cant click the "thanks" icon.

    Do I need to adjust any settings or is my computer just !"£$%^&*()
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    cocker100 wrote: »
    We regret to inform you that section 78 CCA 1974 does not require 1st Credit Limited to provide you with a copy of the executed agreement as you appear to believe.
    OH YES IT DOES :mad: :mad:

    With regard to the 'application form' that they sent you - have a look at the following post from the legendary Weller711:

    http://forums.moneysavingexpert.com/showpost.html?p=9323533

    The mere fact that they continue to mention the 30 day 'offence period' serves to highlight just how little they know, or respect the terms, of the Consumer Credit Act.

    Contemptible :mad: :mad:
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
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