Cca Requests Updates Please

pebbles88

GoldenJill wrote: »

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

hiya, replied to your pm, but here is the link that i found helpful if the other one didnt work.

http://forums.moneysavingexpert.com/showpost.html?p=7869437

view

pebbles88 wrote: »

hiya, replied to your pm, but here is the link that i found helpful if the other one didnt work.

http://forums.moneysavingexpert.com/showpost.html?p=7869437

Many thanks Pebbles88 xxx

Is this information definitely correct? I have read elsewhere contradictory info!

pebbles88

GoldenJill wrote: »

Many thanks Pebbles88 xxx

Is this information definitely correct? I have read elsewhere contradictory info!

several people have referred me to it, but i dare say someone will be along shortly with more concrete proof for it.

purplealan

Sorry if this has already been answered this within this thread but any help would be greatly appreciated. I have received a reply from the Halifax following my request for my original CCA. Their reply was to send the 'executed agreement' and their 'credit card conditions of use'. They also stated within the cover letter, and i quote:

'Please note that the information we have provided you with is all the information we are required to provide you with under section 78 of the consumer credit acr. Please also note that we are not required to provide a copy of the original signed agreement under section 78 of the consumer credit act.'

So, what does this mean, can they with hold the agreement? Do they have the agreement or are they not legally obliged to send it?

Is there a next step?

Again any help would be greatly appreciated..

pebbles88

purplealan wrote: »

Sorry if this has already been answered this within this thread but any help would be greatly appreciated. I have received a reply from the Halifax following my request for my original CCA. Their reply was to send the 'executed agreement' and their 'credit card conditions of use'. They also stated within the cover letter, and i quote:

'Please note that the information we have provided you with is all the information we are required to provide you with under section 78 of the consumer credit acr. Please also note that we are not required to provide a copy of the original signed agreement under section 78 of the consumer credit act.'

So, what does this mean, can they with hold the agreement? Do they have the agreement or are they not legally obliged to send it?

Is there a next step?

Again any help would be greatly appreciated..

I believe that if they have it, they HAVE to send it, or at least produce it in court to enforce, at least thats what i understand from on here.

thats very similar to what natwest have wrote on my 'lovely' letter... as per stapeleys advice, im waiting for the 'a team' to come along soon!! perhaps you may be able to get further into if anyone can help me also.

I have decided to send a SAR letter in the interim, to see if i can get them to supply me info that way!!

MS_Dolphin

Hi All,

I know this must be somewhere easy to find, but I've spent the last 2 hours looking and can't see the wood for the trees.

I'm looking for a summary of the whole process for challanging credit card agreements relatting to CCA.

Can someone please point me in the right direction.

Thanks,

pebbles88

MS_Dolphin wrote: »

Hi All,

I know this must be somewhere easy to find, but I've spent the last 2 hours looking and can't see the wood for the trees.

I'm looking for a summary of the whole process for challanging credit card agreements relatting to CCA.

Can someone please point me in the right direction.

Thanks,

Hello,

we need to know what you have done so far..

Have you wrote to the company and requested your CCA ???

if so, have they replied, what have they said etc.

pebbles88

Quote:
Originally Posted by GeorgeUK
Hi Pebbles, did your letter mention the OFT's determination that a conjectured reconstruction is not deemed to be a copy (post 84)?

If you have charges that you need to claim back, you could send a SAR and also request a copy of the CCA. This copy will need to be an exact copy complete with signatures. I'm not sure how to argue the point that the charges referred to in the agreement are incorrect and would have been altered after the original agreement was made. I think the only way you can settle this once and for all is to send the SAR (cost £10).

Here's one i am trying to get my brother to send. It's worth reading the comments rory makes in the thread as he is a bit of an expert in this regard. It might be worth posting a query about the £12 penalty charges appearing on the CCA overe there, but i think the only way you will get this settled once and for all is by sending a SAR.
http://www.consumeractiongroup.co.uk...ml#post2000059

Hiya,

I have just this moment printed out an SAR letter to send to them.

I dont have any charges to claim back just yet, if they play ball and put my a/c back to when they shouldbe sent me the CCA by then they will be wiped off anyway.

Quote:
Originally Posted by fatbelly
Hi Pebbles

I believe they are correct in saying that they have met their obligations under s78(1). However, under s61(1)(a) a regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to the regulations under s60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.

Under s65(1) an improperly executed regulated agreement is enforceable against the debtor on an order of the court only. Under s127(3) the court shall not make an enforcement order under s65(1) if s61(1)(a)(signing of agreements) was not complied with, unless a document (whether or not in the prescribed form and complying with the regulations under s60(1) itself containing all the prescribed terms of the agreement) was signed by the debtor or hirer (whether or not in the prescribed manner).

So unless they can produce a signed agreement, they have failed to comply with the requirements of s61, the regulated agreement is improperly executed under s127(3) and it cannot be enforced by the court.

If they disagree with the assertion, then they must take court action to resolve the issue.

Anyone got a standard letter that sets all that out?

Crikey, my tongue is tied trying to pronounce all of those s'ss!
You two have been utterly wonderful in helping me with this. I hope Karma brings you lots of lovely things in life. :T :T


Yes the letter from the 16th mentioned about not being a conjectured reconstruction, they just seem to have ignored it!. I will wait with baited breath to see if anyone has a letter already set out, i will admit my english is not always the best.

Many Thanks again you guys. :beer: :beer:

ps, if yuo dont mind, im gonna post this reply also on the cca forum, as people are having a few letters similar on there.

lclclclc

Hello, just came across this forum. I wondered if anyone has had any level of success with Natwest with regards to personal loans, and them failing to provide a copy of my CCA? If you have a spare hour?!, I started a thread on this on the LOANS forum, got ripped to shreds by a lot of people, but at the same time, came across some useful information.

http://forums.moneysavingexpert.com/showthread.html?t=1388781&page=7&highlight=natwest+cca

I am also getting some invaluable assistance on consumer action group as well..

My case is currently with the FOS - but I don't feel positive with regards to them assisting me - I have heard they are not that much use. I have complained to the Information Commissioner, TS, OFT and sought assistance from my local CAB. My latest action is to send them a CPR 31.16, ie a pre-action protocol/Letter before action..

This has all been going on since November. I only asked for a copy of my agreement,as I wanted to understand the PPI breakdown, on my loan payment - incidentally the company are refunding me all payments at the moment- as I claimed I was mis-sold...

Just very keen to hear from fellow Natwest customers, and from people that are at similar stages, or have experienced success, either with negotiating debt down, or the bank writing the debts off.

linzi_pinzi

linzi_pinzi wrote: »

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

hi all this is a bump any1.....many thanx am a bit of a worry wart ......lol...x.x.x.