Cca Requests Updates Please

blueforyou

Hello Pebbles.

1. Do not panic. When you requested the CCA, you were merely asking for what agreement they held about the debt. As with all requests, we the consumer are not overtly challenging the debt existence, just its enforceability. You have done nothing wrong.

2. They have supplied what they have (I assume). They also made a statement "....advised you who to contact to discuss amounts due and owing" Who is this please, is it them or a DCA?

3. You cannot pay what you do not have. I suspect others on the forum will have far more knowledge of the legal position, but lets assume the debt is enforceable. You can now negotiate.

4. They don't overtly state any legal/court action, just that something will remain on your credit file. |Is this an indication of hesitation on thier understanding of the law?

I have had a similar letter from another DCA saying I was incorrect about the CCA 1974, but am not, and I ignored it.

Its now very important that we on the forum respond to this thread, and Pebbles issue, as I see the beginning of attempts to challenge us using legal "get outs"

Stay calm and watch the thread.

pebbles88

blueforyou wrote: »

Hello Pebbles.

1. Do not panic. When you requested the CCA, you were merely asking for what agreement they held about the debt. As with all requests, we the consumer are not overtly challenging the debt existence, just its enforceability. You have done nothing wrong.

after requesting the cca, and them sending me nonsense, i then defaulted them... and sent a terse letter over the way they had been ignoring my other letters....

I do have all the details in my own thread here.
http://forums.moneysavingexpert.com/showthread.html?p=17248175#post17248175

2. They have supplied what they have (I assume). They also made a statement "....advised you who to contact to discuss amounts due and owing" Who is this please, is it them or a DCA?

the debt is still with natwest, only missed 2 payments, and have been making token payments of £1, when i first contacted them about struggling, its those letters they choose to play silly !!!!!!s over.

3. You cannot pay what you do not have. I suspect others on the forum will have far more knowledge of the legal position, but lets assume the debt is enforceable. You can now negotiate.

4. They don't overtly state any legal/court action, just that something will remain on your credit file. |Is this an indication of hesitation on thier understanding of the law?

im not sure, they sent a nasty 2nd default letter saying that if i didnt pay £384 in 17 days that they would mark a default on my credit file, and poss send debt to dca.

I have had a similar letter from another DCA saying I was incorrect about the CCA 1974, but am not, and I ignored it.

Its now very important that we on the forum respond to this thread, and Pebbles issue, as I see the beginning of attempts to challenge us using legal "get outs"

Stay calm and watch the thread.

many thanks, I am hoping they are just trying to frighten me. I really dont have the cash to do the token payments at the mo, never mind anything else!!

view

Hi

I have received a Credit Agreement Regulated by the Consumer Credit Act 1974 Plus Your statement explained. form.

However, it is a photocopied generic form which does not have my customer number, name, address, postcode nor my signature ie: it looks like somethign you would give someone before they even signed up (but not an application form).

Is this correct or something they have put together that looks like a proper agreement?

Thanks for advice
GJ x

Itsallgonepearshaped

Hi,

I requested a CCA from Capital One who have just sent me a letter saying they can't action the request as my letter was unsigned. Anyone else has this response from them ? Does the 12+2 time limit still apply so I can send them the second letter as they haven't met my request ?
Thanks

jonathon

Itsallgonepearshaped wrote: »

Hi,

I requested a CCA from Capital One who have just sent me a letter saying they can't action the request as my letter was unsigned. Anyone else has this response from them ? Does the 12+2 time limit still apply so I can send them the second letter as they haven't met my request ?
Thanks

the one i sent to capquest wasnt signed just typed i didnt even out our address on it just the reference number got a reply very quickly saying they are putting my account on hold for 28 days while that find the information

Itsallgonepearshaped

jonathon wrote: »

the one i sent to capquest wasnt signed just typed i didnt even out our address on it just the reference number got a reply very quickly saying they are putting my account on hold for 28 days while that find the information

Thanks. I'll send then the second letter anyway (unsigned!) and see what happens ....

pebbles88

GoldenJill wrote: »

Hi

I have received a Credit Agreement Regulated by the Consumer Credit Act 1974 Plus Your statement explained. form.

However, it is a photocopied generic form which does not have my customer number, name, address, postcode nor my signature ie: it looks like somethign you would give someone before they even signed up (but not an application form).

Is this correct or something they have put together that looks like a proper agreement?

Thanks for advice
GJ x

hiya,

this is what i was sent also. they added a renewal card letter with my details on though and also a new t&c's list again with my credit limit, but nothing signed still.. im having major trouble with them at the mo so i dont know what is happening

Bazza66

Itsallgonepearshaped wrote: »

Hi,

I requested a CCA from Capital One who have just sent me a letter saying they can't action the request as my letter was unsigned. Anyone else has this response from them ? Does the 12+2 time limit still apply so I can send them the second letter as they haven't met my request ?
Thanks

They will try and stoop for anything to get a signature that could be scanned.

Just wait the 12+2 and send the next letter. You DO NOT have to send a letter and sign it!

I have always thought that if I signed a letter to a DCA "Donald Duck" and then they turned up with a CCA and it had the Donald Duck sig on it whether I could do them for fraud since I can prove my signature to be otherwise.

Bazza66

or send a letter with signature on it but on red paper. Thats a nightmare to scan without it looking obvious its a scan!

Itsallgonepearshaped

Bazza66 wrote: »

They will try and stoop for anything to get a signature that could be scanned.

Just wait the 12+2 and send the next letter. You DO NOT have to send a letter and sign it!

I have always thought that if I signed a letter to a DCA "Donald Duck" and then they turned up with a CCA and it had the Donald Duck sig on it whether I could do them for fraud since I can prove my signature to be otherwise.

Great minds think alike ! I was just thinking about signing "M Mouse" to see if that's what turned up on the document !:p