Cca Requests Updates Please

GeorgeUK

Cocker - that looks like a copy of an application form and some T&C.
Credit limit - not on form
Repayments - nope
APR - Not that i can see

They have definately not fulfilled their obligation under the act. This applciation form is not a credit agreement.

mary_mungo_+_midge

Hi all!
I asked for my CCA from Studio Cards some months ago and got just a blank agreement with my name written on by someone else. I knew it wasn't a valid CCA but carried on making my £5 a month payment to them whilst I dealt with some more urgent creditors.

I wrote to them 2 weeks ago, stating that the CCA was not valid, so would they accept a F&F of £50 ( debt is now down to £148). They wrote back saying that just because they don't have a CCA, they will still pursue the debt, and there is no way they will accept less than the full amount.

Looks like I'm back to paying £5 a month then lol x

blind-as-a-bat_2

linzi_pinzi wrote: »

thank u for ur help.....so will try an sleep 2nite...so i av 2 tell the court that i wish 2 defend then after that file me defence and then wait 2 c wat happens?...but i have 2 send cca request 2 cl fianace and cpr notice 2 the solicitors .x..x.x

Yep, but you need to know what type of CPR request to send to Howard cohen's

There are two, CPR 18 and CPR 31.14

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html describes the last one and http://www.consumeractiongroup.co.uk/forum/show-post/post-1657215.html is an example of a CPR 18 request, now the two overlap, so you may wis to amend the CPR 18 one to only ask for what has not already been asked for in the CPR 31.14 Request

Now depending on the amount involved once your case is transfered it will be allocated what is called a court "track", you dont need to worry about that for now, but HC will claim they do not have to supply the info you have requested, they dont say why, but if it is allocated to the small claims track they dont.

But as it has not been allocated to a track yet, they cannot just assume which track it will be allocated to and refuse your CPR requests's, but they still will.

We can use that in your defence later;) so you must go through the motions of sending the request, even though it is most likely pointles:rolleyes:

blind-as-a-bat_2

linzi_pinzi wrote: »

thank u for ur help.....so will try an sleep 2nite...so i av 2 tell the court that i wish 2 defend then after that file me defence and then wait 2 c wat happens?...but i have 2 send cca request 2 cl fianace and cpr notice 2 the solicitors .x..x.x

I cannot guarrentee to be around enough to be here when needed, and have only done all this once myself so am not a legal expert, you really do need to post on that other forum as well, i do post ther too, so post a link back on here just so i know which is yours.

It will increase your chances of getting a speedier responce and there are many others over on that forum dealing with this company, so they may be able to add things that differed in there cases to mine that may be of use


But in the meantime you need to get those letters of as soon as poss, but remember do not sign any of them, just print your name, and make sure they go recorded delivery so you can prove they where recieved and when

blind-as-a-bat_2

cocker100 wrote: »

Hi Guys,



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.






Cocker:)

Did you recieve a new card after about sept 2006? those T&C qhote the £12 charge for late payment (in sec 10) insisted on by the OFT around that time, so if you did
not get a re issued card after that time, that cannot be the T&C,s that could have been atached

Oh and yes that agreement does apear to be a pr-contractual agreement and in no way constitutes a valid credit agreement that i can see

Yummy-mummy

Hi all

I've got a £30k debt with RBS which they issued court papers for this week but because I argued that the payment plan in place had been agreed at the end of Feb for 6 months they have discontinued the case at this time. However, in 6 months it is more than likely that they will reissue - they have stated that they are going to go for a charging order.

I am planning on requesting the CCA for this but wondered if the same terms apply to a debt of this amount and also has anyone any experience of requesting a CCA from RBS/Triton and receiving a non enforceable one?

Many thanks.

YM x

cocker100

blind-as-a-bat wrote: »

Did you recieve a new card after about sept 2006? those T&C qhote the £12 charge for late payment (in sec 10) insisted on by the OFT around that time, so if you did
not get a re issued card after that time, that cannot be the T&C,s that could have been atached

Oh and yes that agreement does apear to be a pr-contractual agreement and in no way constitutes a valid credit agreement that i can see

To be honest I cant really remember when I received the final reissue card from them. But my DMP started 18 months ago, so obviously it wasn't after then.

Morgan Stanley cards transfered to Goldfish some time ago. I was still a proper customer then, but never actually got a Goldfish card issued to me as I was able to continue using the MS one until it expired. I only received Goldfish statements.

However, Goldfish then flogged the business to Barclaycard. I think this was roughly around the time of my DMP starting as I never got any Barclaycard statements through before the account defaulted. These terms and conditions that they have sent me are from Barclaycard, so cannot be valid for my account can they?

1st Credit rekon that they only have to send me "the current terms and conditions" for the account.

Cocker:)

cocker100

Yummy-mummy wrote: »

Hi all

I've got a £30k debt with RBS which they issued court papers for this week but because I argued that the payment plan in place had been agreed at the end of Feb for 6 months they have discontinued the case at this time. However, in 6 months it is more than likely that they will reissue - they have stated that they are going to go for a charging order.

I am planning on requesting the CCA for this but wondered if the same terms apply to a debt of this amount and also has anyone any experience of requesting a CCA from RBS/Triton and receiving a non enforceable one?

Many thanks.

YM x

Hi,

Is the debt all for the same account or is it split into different loans and/or credit cards? I think that the Consumer Credit Act 1974 only applies to amounts up to £25000.

Is there any ppi included in this amount as that could be vital?

I am not an expert on this (yet;) ), but i'm sure someone will be along soon to advise more.

Cocker:)

Bazza66

cocker100 wrote: »

Well here it is:j

http://s647.photobucket.com/albums/uu192/cocker100

Hope it works!!!:o

Cocker:)

I agree with GeorgeUK - its an application form!

I also notice on the T&C's a couple of things which might be relevant

1) The footer says "Class_TC_0506" - usually (but not always) this is the month/year for the T&C's. It what we use where I work anyway so may not be true in this case
2) The charges in T&C's (section 10) state £12. Did someone mention on this forum these charges are recent charges? Your application form is dated 2000.

May not be correct - sure someone else will confirm this.

Yummy-mummy

cocker100 wrote: »

Hi,

Is the debt all for the same account or is it split into different loans and/or credit cards? I think that the Consumer Credit Act 1974 only applies to amounts up to £25000.

Is there any ppi included in this amount as that could be vital?

I am not an expert on this (yet;) ), but i'm sure someone will be along soon to advise more.

Cocker:)

The debt is for the same account. It was a loan that the bank kept allowing us to renew. I know that when it was first taken out it did have ppi included but then during one of the renewals we decided not to take it out but as to when it was I can't remember. The original loan was taken out about 10 - 11 years ago so don't suppose we can do anything about it now.

YM x