Cca Requests Updates Please

stapeley

Itsallgonepearshaped wrote: »

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

Well legally that's incorrect . If you sign a document even with Donald Duck THAT can be considered your MARK . However it would need to be witnessed for that to be valid in a court of law , I believe ! Some signatures are unrecognisable as a actual name , so you could write micky mouse but it would not read as that to anyone else . If the validity of a signature was ever called into question , you would have to call expert witnesses to testify that it was not your mark .

The CC ACT allows for a stamp to be classed as a signature by a company .

Itsallgonepearshaped

stapeley wrote: »

Well legally that's incorrect . If you sign a document even with Donald Duck THAT can be considered your MARK . However it would need to be witnessed for that to be valid in a court of law , I believe ! Some signatures are unrecognisable as a actual name , so you could write micky mouse but it would not read as that to anyone else . If the validity of a signature was ever called into question , you would have to call expert witnesses to testify that it was not your mark .

The CC ACT allows for a stamp to be classed as a signature by a company .

Thanks for that - I won't do it then, tempting as it may be !

smithsfan

Hi all

Sent a CCA request through to Cabot Financial on the twenty sixth of Feb (excuse me for not using numbers but I am having issues with my keyboard which means no numbers)

They wrote back on the second of March stating they acknowledged receipt of the request but that they are not obliged to provide the information but have requested the information from the original creditor

They have also rejected the one pound statutory fee and sent it back and also stating that they will anticipate to provide the information within twelve days

Any advice on this is much appreciated and I have some questions

one * does the statutory time limit begin on the day they write back to me or the day they received my letter by recorded post

two * I ws under the impression that as the DCA they were now responsible for sending out the CCA?

Thanks in advance

Wolfsbayne

I sent a CCA request to mackenzie hall for a choice account. They sent my postal order back and said they had contacted choice, etc and had 30 days (not true).

Anyway, I did get a cca from choice before the time was up and then the same from mackenzie hall about 10 days later. The CCA isn't enforcable though so ive written back to them. I believe the dca are responsible for getting you the cca and soa so they can contact their client and ask them to send it

I believe its 12 days from receipt of letter.

linzi_pinzi

hi all.....i got a ccj though the post and i have defended the claim sent cl finance a cca request and sent howard cohan & co a cpr18 request ......i have got a letter of howard cohan 2day saying they got my letter for request for information under the civil procedure rules .....and they are not obliged to provide this information,and would advise that the particulars of the county court claim form should be sufficient to allow me to respond accordingly.......we do i go from here ....i have defendied the claim on line and i have got 2 do my defence but am stuck on wat 2 do next.......if any 1 can help that wud be great thanku lins x x x

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.

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.

Im sorry to bump this, , im very scared over what they may do now, especially as i dont have enough money to make more than a token payment! please help

stapeley

The A TEAM will be along shortly . But basically they need to produce what you have requested in court . So be aware of scare tactics .

pebbles88

stapeley wrote: »

The A TEAM will be along shortly . But basically they need to produce what you have requested in court . So be aware of scare tactics .

the A team... love it!!


be aware of scare tactics.... do you think that is what they are trying to do??

i sent them this letter yest .... obviously before i got todays little delight...

This letter is in reply to your ‘Default Notice’ on the 24/2/2009, requesting immediate payment of £384 within 17 days. It also covers your failure to provide me with a ‘true’ CCA as requested. I have had no other reply to my previous complaint letter sent on the 16/2/2009.

Thank you for your recent letter sent to me dated 14/2/2009 the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 23/1/2009. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

The CCA that you sent to me was nothing more than a photocopied leaflet (which is barely legible), a renewal card letter, which has some terms & conditions attached to it. I must also point out that the details on here prove it is a recently drawn up document, as there are discrepancies in the late payment charges of £12 and also the credit limit itself.
Late payment charges were only reduced in £12 in the last few years, therefore that shows that this document is not a'true copy of the original executed consumer credit agreement'

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.



You had until 11/2/2009 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor are I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).


To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 11/2/2009 and subsequently will have committed a criminal offence on the 14/3/2009.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint; otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

I have included all communication between our parties since my first letter to you on the 12/1/2009.

You will see that I have been more than fair during this difficult time, I am very saddened that you have not managed to do the same, and that you have caused me more distress in an already difficult time. You seem to have done your utmost to be as difficult as possible throughout this whole affair. You will see this from the various letters you have sent me.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

50broke

Hi... just wondering whether I should ask all creditors for CCA sooner rather than later, I know for a fact that CAp one sent me CC in post and I had not asked for one, same for two others...I have just contacted CCCS re DMP and dont want to jeapordise this.. any suggestion please?

view

Hi

Could someone please list exaclty what constitutes an enforceable CCA?

From trawling through this site I know a signature is not required, however, exactly what is?

I have been sent a document which says CCA 1974 etc..etc..however, there are no personal details (customer number, name, address signature) but does this or doesn't this mean it is enforceable?

Thanks all...

We'll all get there in the end!

GJ x