Cca Requests Updates Please

10past6

linzi_pinzi wrote: »

i have defended the claim

What grounds have you defended the claim?

linzi_pinzi wrote: »

we do i go from here

That'll be part of your defence, the fact they've failed to reply to your CPR request.

Just curious, why did you issue a CPR 18?

MS_Dolphin

Quote:
Originally Posted by 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,

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.



Hi,

I've written out the template initial letters - the one I believe you call 12+2, but haven't sent them yet. One of the issues is this part about signing them, so was looking for info' before starting the process.

Thanks.

linzi_pinzi

10past6 wrote: »

What grounds have you defended the claim?
That'll be part of your defence, the fact they've failed to reply to your CPR request.

Just curious, why did you issue a CPR 18?

i request cca with barclaycard last may and never sent me a cca so they have passed it on to cl finance which never even send me a letter to respond to i just got a ccj ......got some advice of this forum so i sent cpr18 to the solicitor's then a sent a cca request to cl finance .......x.x.x.

stapeley

You need to show that a request was made in May hope you kept copies and proof of delivery , and you sent the 12+ 2 then the 30 day letters . Even if you did not then IF it went to court they would still need to produce them . Remember all you need to say is " i do not recall ever receiving a CCA to sign" If you did and they do come up with it . You can request to see the Orginal in court .

pebbles88

MS_Dolphin wrote: »

Quote:
Originally Posted by 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,

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.



Hi,

I've written out the template initial letters - the one I believe you call 12+2, but haven't sent them yet. One of the issues is this part about signing them, so was looking for info' before starting the process.

Thanks.

hiya,

yes do not sign the CCA letter, as it has been said some companies will copy your signature from a letter to put onto a cca if they do not have a signed one, so dont help them in any way!:p

i found some other helpful letters on this site

http://www.fightingdebt.co.uk/templates.html

once you have sent the letter (s), make sure you do it recorded post too, then give them 12+2 working days to get back to you.

HTH

MS_Dolphin

pebbles88 wrote: »

hiya,

yes do not sign the CCA letter, as it has been said some companies will copy your signature from a letter to put onto a cca if they do not have a signed one, so dont help them in any way!:p

i found some other helpful letters on this site

http://www.fightingdebt.co.uk/templates.html

once you have sent the letter (s), make sure you do it recorded post too, then give them 12+2 working days to get back to you.

HTH

Many thanks,

I guess what happens next depends on their response(s), but I was also looking to understand the process and start preparing for the next steps.

I'll keep looking through this thread and will also update on what happens next.

Itsallgonepearshaped

Hi.

1. Sent Barclaycard the 12+2 letter (12+2+30 runs out on 6th March) but just received a threatening letter from Calder Financial DCA who say they are now dealing with the account. Do I have to start again ot tell Calder Fin I'm in dispute with Barclaycard and am waiting on a copy of the CCA ?

2. Capital One have now come back saying they've included "a copy of your credit agreement as requested. In accordance with S78 of the CCA 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, this is your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983. Your acount is in default and the amnount currently due and payable is £x000. Under section 78 we are not required to provide a copy of the default notice and statement of default. However we can confirm that a statement of default was issued on 30th January 2009. Any further information etc etc".

It therefore seems like what they'ver sent me is there existing CCA which now includes all the relevant terms (surprise surprise!) but not the actual CCA relating to my account at the time it was opened. I've sent them the 12+2 and the 12+2+30 expires on 25th March. Should I just ignore this letter and hit them with the 12+2+30 in a couple of weeks or reply saying they haven't provided what was requested ? What is the Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983 as I haven't heard of this one before ?

Thanks for your help !

10past6

linzi_pinzi wrote: »

i request cca with barclaycard last may and never sent me a cca so they have passed it on to cl finance which never even send me a letter to respond to i just got a ccj

You therefore need to apply for the CCJ to be set aside, on the basis the account was in dispute PRIOR to them commencing litigation.

Here's the form you need to set aside, it will cost you £75.00.

kel123_2

Linzi pinzi

What do you mean by 'I just got a ccj' do you mean:

A letter from clf, thats say's if you don't you may?

A claim form from a court?

A court document that say's Pay £x with in XX days or £x/month

Or something else

It is very inportant for others to understand at what stage you are at because you sound confussed

linzi_pinzi

kel123 wrote: »

Linzi pinzi

What do you mean by 'I just got a ccj' do you mean:

A letter from clf, thats say's if you don't you may?

A claim form from a court?

A court document that say's Pay £x with in XX days or £x/month

Or something else

It is very inportant for others to understand at what stage you are at because you sound confussed

hi i got a county court claim form on the 16th feb on which a have knowledge that i wish to defend ....but now need to file me defence ......i sent a cca request to cl finance and a cpr18 to the solicitors deeling with the claim and they have sent a letter back sayin that they are not obliged to provide this information.......just stuck on wat 2 do next....well i am confused .x.x.x.