Cca Requests Updates Please

pebbles88

GoldenJill wrote: »

Hi

Just checking if anyone can confirm this is definitely correct?

I am looking for the official legal exact reasons a CCA is enforceable.

Can anyone confirm for definate? Pebbles88 kindly sent me the link (see my original post), however, we're both not sure if it is legally correct?

Thank you!
GJ x

Sorry Golden Jill, Im 100% happy that it is correct, as so many people have referred me to it.

What i meant was was that someone would be along who could explain better than me that it was correct, Sorry for confusing you.
Pebbles

nova

nova wrote: »

Oh!! Thats whats happened but its back firedon them because cohens didnt do their homework and we had already taken ge money to court and cohens were taking us for the same debt!! and its been struck out as l did what you suggested and rang the court at 3.55 on the 7th day, dropped a letter in to court to confirm the next day.
Now l've got 2 others to defend! So l suppose they'll refuse those offers too and we'll get more ccj's but if we've got 1 we may as well have 90!! At least in 6 years we can get credit again....NOT!!!!

10past6, l need to say that after re reading your post here,we admitted part of the claim, filled out section 11 where you make an offer and sent that off. The next thing we recieve is a book of payment slips for £125 per month (we offered £10) At no time did we request a redetermination hearing, (us being the debtor) lt was just transferred to our local court,So how do you think this has come about, lm really confused now!!

10past6

nova wrote: »

lm really confused now!!

If your offer is refused, they win by default, and a CCJ is granted, fair, no, but that's how the system works.

Only at a redetermination hearing is your case heard by a judge.

pebbles88

lclclclc wrote: »

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.

hiya, just read through that thread, crikey, it did get a bit heated didnt it!

I dont have any other info to offer, but i think you have come across the right thread here, lots and lots of helpful people, it may also be worth having a look at the PPI reclaiming forum too.

HTH

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Thanks rog2

However, this was the link that I had asked the validity of.

ie: is this legally correct or just bits and pieces gathered from different sites?

Can anyone give any actual legal advice on this?

thanks all

GJ x

rog2 wrote: »

Sorry for the delay - I think that the following post may be most applicable:

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

10past6

GoldenJill wrote: »

Can anyone give any actual legal advice on this?

A CCA MUST contain the prescribed terms to make it enforceable.

The prescribed terms are within the link

Therefore those details within the link are legally binding.

What is your actual problem Jill?

purplealan

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..

Sorry to bump this but i have also received a reply from the Royal Bank of Scotlnd regarding another CCA request. Now this one has me conused, i quote:

'we regret to advise that the agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under section 78(1) of the CCA and return your £1 you paid. Notwithstanding this the agreement remains valid, and we expect you to continue to meet your obligations under the agreement. We should point out that if you cease to make future payments as they fall due we will report the default to the credit reference agencies.

Section 78(6) 'unenforceable' only prevents us from pursuing recovery of the debt through the courts'

I trust this clarifies the matter for you.'

Now, if the agreement is unenforceable through the courts and they admit this, what is my next step without my credit report being

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Hi, sorry 10past6

It's just that I want to be 100% what I'm doing is completely correct as I don't want to get in tangles and not know what I've said is completely correct if any company tried to refute it.

Sorry to be doubting dora, I guess I just want to be sure.

I have recieved a document that is not a CCA (going by the links you've all kindly sent) however, now I've received a letter saying thank you for the £1 payment towards your debt which I'm worried will look like I've acknowledged by debt with them!

I did specifically put into the letter "this £1 must only be used for the CCA" and they've ignored that.

Apologies pebbles88, yes I was confused & thanks for your help!

I will send the letter advising that the CCA is not enforceable (using the information you've given) and see what they say.

Again, apologies, don't mean to ruffle feathers, just feel like a pebble in the ocean on these sort of things.

nova

10past6 wrote: »

If your offer is refused, they win by default, and a CCJ is granted, fair, no, but that's how the system works.

Only at a redetermination hearing is your case heard by a judge.

So we've had the ccj granted but it has'nt got as far as the redetermination hearing because it's been struck out, so does the ccj still stand or could we get this reversed? Not that it'll make any difference to the credit file as we've got 2 more claims from them for different accounts and they'll obviously behave in the same way!

10past6

nova wrote: »

So we've had the ccj granted

On what basis?

If the claim has been struck out, then there's no case to answer, i.e no CCJ