Cca Requests Updates Please

lipstick

Hi yes i sent the original document by recorded delivery. Could anyone help with another entry on the credit file? I had a settled file that was never defaulted with city financial. There is then another entry for the settled account (i think its the same account because the start date is the same) which is defaulted. This defaulted account has then been passed to Cabot (same date again). Credit expert have asked cabot to remove the file but they have declined but said they will contact cityfinancial to remove their entry (which I doubt they will do). Any ideas on what I should do to get these entries removed?

Thanks

Bazza66

banana1975 wrote: »

Hi.

If after I get someone to look at the CCA that Cabot have sent me. What letter do I send to them to say that I believe this not to be a "true" CCA and only an application form. Also as I cannot read the information on it can I request a better copy?
Also I forgot to mention that they have sent me through representations of letters that would have been received in 2004 and also 2006 which I can honestly say that I did not receive. The fact that they passed on the debt to another DCA and then they passed it back without telling me and used my Mums address rather than the one on file is a joke.

I think this is the one you are looking for...

http://forums.moneysavingexpert.com/showpost.html?p=9323533&postcount=3

Weekend_warrior

Hi there,

I need to run this by you all,
On the 17th Jan I received confirmation from crapquest
that the oc couldn't provide a copy of my cca and therefore
they were sending the debt back to the oc.
I never sent any follow up letter to crapquest. (completely slipped my mind)
Should I have done so even though they had returned the
debt to the oc?
Is it to late now?
If not which letter would be most appropriate?
What happens to the £200+ that I have paid crapquest that legally
they shouldn't have collected?

W.W.

jonathon

as long as you owe the money thay have collected it legally the only differance with no cca is it makes it harder to recover through the courts

GeorgeUK

WW - the debt still exists and payments can be made towards it even if it is unenforcable. No laws were broken unless you were paying towards someone elses debt and i don't think you'll be able to get this back.

cocker100

Weekend_warrior wrote: »

Hi there,

I need to run this by you all,
On the 17th Jan I received confirmation from crapquest
that the oc couldn't provide a copy of my cca and therefore
they were sending the debt back to the oc.
I never sent any follow up letter to crapquest. (completely slipped my mind)
Should I have done so even though they had returned the
debt to the oc?
Is it to late now?
If not which letter would be most appropriate?
What happens to the £200+ that I have paid crapquest that legally
they shouldn't have collected?

W.W.

I would think that the £200 would come off the total debt owed.

Capquest would only be acting illegally if they tried to enforce the debt after you requested the CCA. As they passed it back to the OC after the CCA, then I think they have acted correctly.

This still doesn't hide the fact though that no CCA has been produced and that OC probably dont have, so if they try and enforce the debt without it then....................:D

Cocker:)

stapeley

Weekend_warrior wrote: »

Hi there,

I need to run this by you all,
On the 17th Jan I received confirmation from crapquest
that the oc couldn't provide a copy of my cca and therefore
they were sending the debt back to the oc.
I never sent any follow up letter to crapquest. (completely slipped my mind)
Should I have done so even though they had returned the
debt to the oc?
Is it to late now?
If not which letter would be most appropriate?
What happens to the £200+ that I have paid crapquest that legally
they shouldn't have collected?

W.W.

Should thank your lucky stars that you only paid £200. And hope it can not be found .I would send off the default letter to clap quest , the should forward it to their client.

Broken_hearted

Funnily enough I got that used to calling capquest crapquest that even when speaking to them on the phone I referred to them as crapquest. No-one ever picked me up on it, they must be used to it. Might explain why their F&F was 80%:rotfl:

Bazza66

Broken_hearted wrote: »

Funnily enough I got that used to calling capquest crapquest that even when speaking to them on the phone I referred to them as crapquest. No-one ever picked me up on it, they must be used to it. Might explain why their F&F was 80%:rotfl:

Quality!!!

If Lowell-life should call me maybe I should use the same tactic!

:rotfl::rotfl:

pebbles88

Hi peeps,

well had lovely letter from nastywest this morning re my default letter to them over my cca.

here is what they put

Regarding your recent letter concerning the banks alledged breach of the CCA act, i would advise you of the following :

Any request for a copy of an executed agreement under s78(1) states that the company must meet its statuary requirements by providing a 'true copy' of the agreement relevant to the card product at the date the card agreement was made and providing that plus a copy of the current terms of the card product. These copies shouldl be accompanied by the statement of financial information relating to the account.

The provision of the the 'true copy' in this form is made in reliance of regulations 3(2) and 7 (1)(b) of the consumer credit (cancellation notices and copies of documents) regulations 1983. Particularly 3(2) which permits the copy agreement not to show signatures or personal details that may have appeared on the application part of the document. There is no statutory requirement under the act for us to give a copy to a customer with a signature on it.

As we have supplied a copy of the credit agreement that you agreed to upon receipt of your credit card and signed it, copy of the original and current T&C's of that card product, with the prescribed terms, a most recent statement showing the outstanding balance and advised you who to contact to discuss amounts due and owing, and future payments that must be paid. We have therefore met our obligations under s78(1) to provide a copy of that executed agreement and again we are satisfied that what was provided complied with the regulations expressly made for controlling what i a 'true copy'.

if you are unhappy with the timeframe in which that documents were received then please the matter to the attention of any legal redress open to you

i suggest that you take advice from your local CAB or similar if you continue to doubt the veracity of what we have told you abou our having complied with out obligations under s78(1)

I must therefore inform you that we see no reason to enter into further correspondence with you about the alledged CCA breaches you lay at our door. If you are not satisfied with this response, you may seek whatever legal redress open to you.

we do not consider this account to be in dispute or void and your indebtedness on this account remains due and payable and we will be pursuing for the full replayment. Any non payment of the account will be recorded on your credit file as willa default if non payment continues.

I sent another lett yest informing that without the signed agreement they cannot sned details to any 3rd parties.. but i feel sick now. are they right, or are they still trying to scare me?? PLease help someone