Cca Requests Updates Please

onwards_and_upwards_4

I would like some advice on the following please.

I have received my CA from MBNA, for a card that was issued by Thomas cook when I booked a holiday in 2005.

This CA was received 19 days after my request. I believe this puts MBNA in default for not replying within 12 + 2 working days?

I would really appreciate some feedback regarding the wording of their letter:

“Thank you for your recent request.

In accordance with section 78 of the CCA 1974, we enclose a copy of the credit card agreement (original and current) including applicable terms and conditions, most recent statement of account and transaction history.

We appreciate the copy of the original agreement is not very clear but it is the best copy we can provide. For the avoidance of any doubt all of the necessary and prescribed terms are included in the credit agreement and in addition, you will find that these terms are also set out in the copy of the current credit agreement we also provided you with”

Enclosed is a really small poor copy (smaller than A5 of an agreement) on the back page is a copy of some text half the size again with a copy of a return address envelope next to it. Although the text on the back only covers (from what I can make out, ‘How we work out your interest and Charges’ It looks like the back page of a small pamphlet and says nothing about being the terms and conditions under the CCA 1974.

They have also enclosed with the letter dated 23-02-09 a copy of a letter dated 20-02-09 (which I have never received before, stating that here is a copy of your current conditions – which is a 4 page print out. These seem to be a new set of terms and conditions which I have never received before.

I would really appreciate some advice on my options and next steps

Many thanks

cocker100

Hi Guys,

Appologies if this has been asked before, but after a bit of advice regarding one of my parents' debts! (It must run in the family!):o

My parents have a CCJ against them from a loan with Beneficial Bank. The CCJ was issued in 1992 and they have been paying a payment each month ever since.

They now pay a company called TBI Financial Services Ltd the monthly payment, which is now £10. My parents increased the payment from £5.58, a couple of years ago at no request from TBI. The original loan was for £3000, but i'm not sure of the defaulted amount. Obviously, after 17 years, they have paid a good chunk of the debt off.

However, they were recently sent a letter asking for a full income/expenditure disclosure, including every last personnal details that you could imagine. They brought it to me because they know about my current debt problems and that i'm a regular on here!:D I told them just to ignore the first letter, but they have now received a second letter saying all the usual threats if they dont comply.

I've drafted a cca request letter for them to send off, but have just been thinking if you can still request this even if the account has been issued with a CCJ? Also, if you can, then is there any chance of having the CCJ removed if there is no enforceable credit agreement now?

Another bit of info. The address (my parents)on the letter from them is totally incorrectly spelt, even though it still gets there. Surely this address would be on the CCJ? Does this add any weight?

Any advice on this would be great guys.

Cocker:)

cocker100

Forgot to mention. Great news about 1st Credit getting done by the OFT!!!

:T :T :T :T :T :T :T

About time too!!!

GeorgeUK

cocker - your parents don't need to supply them with any information. They only need to pay the amount that was agreed when the CCJ was issued too so they can reduce te payments if need be. If they wanted your prents to pay more, they would need to get a redetermination from the courts. It almost sounds as thoug hthey are not aware that this debt is for a CCJ.

Have your parents any idea of how much is now owed? They may be able to negotiate a reduced full and final settlement offer.
_________________________________________________________________

jessie - there are 2 ways in which you can request a copy of the cca. Are you going to try to reclaim charges? If so, you could request a copy of the cca when sending a subject access request. Under the Data Protection Act you are entitled to a copy of all information a company holds on you so you can see your transactions for the past 6 years and reclaim any charges, while also getting a copy of your cca. This copy should be an exact copy complete with signatures (SAR - cost £10)

If you are not needing a copy of all the transactions, you could do a cca request under sections 77/78 of the Consumer Credit Act 1974 (cost £1). Although they do not need to provide a copy with signatures, the copy they send must contain certain terms for it to be enforcable. If they are unable to provide a copy with these terms then the debt is unenforcable (if agreement was before 6th April 2007).

If you have charges for the creditcard that you can claim back i would suggest sending the SAR (although it is best to request a copy of the agreement in the letter too). For the catalogue, i think a normal CCA request will suffice.
_________________________________________________________________

onwards and upwards - They have 12+2 working days to provide you with a copy of an executed agreement and it is no longer an offence for them to not supply this. The rules were changed.

The copy of the agreement must be clearly legible. If it is not then they have still not fulfilled their legal obligation. The copy of the current credit agreement means absolutely nothing. This is not what you signed and are not bound by anything on this document that you have never seen before. If 12+2 working days have passed, then i would suggest sending the 12+2 day letter. Can't remember if it includes something about legibility, but if not you should probably add that or look to see if there is a letter for that here or on the consumeractiongroup forum.

cocker100

GeorgeUK wrote: »

cocker - your parents don't need to supply them with any information. They only need to pay the amount that was agreed when the CCJ was issued too so they can reduce te payments if need be. If they wanted your prents to pay more, they would need to get a redetermination from the courts. It almost sounds as thoug hthey are not aware that this debt is for a CCJ.

Have your parents any idea of how much is now owed? They may be able to negotiate a reduced full and final settlement offer.

Hiya,

They haven't a clue how much is still left to pay. They're not really clued up with financial matters! Dad just pays it every month and then forgets about it until the next month. He has a payment card that he uses at them paypoint sites to make the payment. They have never bothered them for years until now.

TBI took over the debt several years after the CCJ was issued, so they might not be aware of the CCJ like you say.

He doesn't really like talking about his past debt as he is a proud man and I think he feels guilty about getting into a financial mess when I was a kid.

Do you think that if they cant produce a CCA, then I can get this whole thing cleared for them?


Cheers,

Cocker:)

Weekend_warrior

Hi all,

Today I received a statement from a sar's request that I asked a dca
for. ( this dca provided a cca on request)
On the statement it appears I defaulted in April 2001 and didn't start
payments again till Jan 2008, apart from being as you have confirmed it
is statute barred.
I noticed on the statement that after I defaulted in 2001 apart from the
usual arrears letter charges of £15 a time I have DRA letter charges and
DRA admin fee's, but worse of all I have 2 Agency admin fee's added one
for £258.81 and another for £376.54.

1. can I challenge the amount owed?
2. can I claim the charges back?
3. should I tell the dca to !!!!!! off as the debt has been statute barred.
4. can the dca do anything if I stop payments now?

W.W.

p.s. could someone give me some advise also on my postings 1978+1979

LetMeOut_2

Hiya, I am new to this forum, but I posted my own thread about a CCA request, to which barclaycard have not sent a signed agreement in their reply, what shall I do next?

My OP is here :
http://forums.moneysavingexpert.com/showthread.html?t=1519409

GeorgeUK

I'm really not sure cocker - the consumeractiongroup would probably have more information on this but as i see it they could in theory challenge a CCJ but it would mean going to court to sort it out which your father may not want. Also if the CCJ was reinstated then a new payment amount would be determined. There may be a few cases over there that have been successful as they would have assumed when granting the CCJ that any agreement was enforcable, bit i really don't know.

What may be worth looking at is whether there has been any interest or charges applied to the account an what the CCJ had ruled on this. I really think they need to see what has been paid towards the account, what the balance is and if anything has been added.

GeorgeUK

Hi WW

A few things to answer here.

We would point out that, as we are not the original creditor the act allows 12 working days plus 30 further days before we are entered into a default situation.

Nope - the creditor (original or not) must supply an executed copy of the CCA after 12 working days from receipt of request. After this time the debt is in dispute. The 30 days is no longer applied after a change to the legislation.

We believe we are exempt from this due to the processes sometimes required in order to obtain the documentation from the original creditor.

You wish. Oh sorry, no - you 'believe'. Well i 'believe' there is nothing in any piece of legislation that backs up this belief and therefore they are not exempt.

Is this true or are they stalling for time?
The request letter was sent 11th Feb and signed for 13th Feb

Possibly stalling for time, but more likely don't have a clue of their legal obligations. Signed for on 13/02, if you haven't received anything by 05/03 then you should send the 12+2 day letter.

The dca told me in their letter that my monthly payments were admission of liability even though they have admitted they can't provide my cca.

So if i were to make payments towards your debts then i would be admitting liability for them? Nope. They have a legal obligation to provide a copy of the CCA or the debt is unenforcable. A court may decide that the debt is enforcable... but they'd need a signed copy of the CCA. I guess you can meet them half way on this - you are liable for an unenforcable debt. Surely they'd be happy with this?

What do I do now? and how do I stop the calls?

http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=5
or
http://forums.moneysavingexpert.com/showpost.html?p=14588705&postcount=10

defaulted in June 2001.
token payment made in Jan 2008.

When was the date of your last payment in 2001? Did you make any payments after the debt was defaulted?

I have been told the debt is "statute barred" after 5 or 6 years.

6 Years in England, 5 in Scotland since the date of last payment or written acknowledgement of the debt.
Once a debt is statute barred, it's status does not change so will remain statute barred - even if payments are made towards the debt. You just need to notify the DCA of its status.

Hope that's everything.

Weekend_warrior

Hi Georgeuk,

Many, many thanks George,
I think you have answered most of my points, just 2 or 3 things.
1. I never paid anything to the debt from April 2001-Jan 2008
2. Without a cca is the dca likely to pursue court action?
3. Is a dca likely to take court action if I tell them the debt was
statute barred and I am now stopping payments?

Your thought please.
W.W.