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Cca Requests Updates Please

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  • lipstick
    lipstick Posts: 34 Forumite
    Hi could someone offer me some advice please? I sent a CCA request to Cabot and they have wrote back to me saying they are not obliged to provide the information but have requested the information from the original lender. They have also sent back the postal order. From reading various things on the site I believe they do have to provide me with the information. However I am unsure what I need to do should I just leave it then if I do not receive a CCA in 12 days send the follow up letter?
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Quite right on all counts lipstick. Just because they sent back the £1 postal order does not absolve them of their obligation. If you kept the receipt, you can get your £1 back.

    Whether they are the original creditor or not, if they are pursuing you for payment, they are still bound by the Consumer Credit Act and need to supply a copy of the agreement. After 12+2 working days have elapsed, if they have not supplied the agreement then you should send the 12+2 day letter.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • blueforyou
    blueforyou Posts: 152 Forumite
    GeorgeUK wrote: »
    Quite right on all counts lipstick. Just because they sent back the £1 postal order does not absolve them of their obligation. If you kept the receipt, you can get your £1 back.

    Whether they are the original creditor or not, if they are pursuing you for payment, they are still bound by the Consumer Credit Act and need to supply a copy of the agreement. After 12+2 working days have elapsed, if they have not supplied the agreement then you should send the 12+2 day letter.
    I agree George, but can I just check that the template letter which tells them that they commit a criminal offence after a further 30 days (of no CCA received) is still correct?. I read a post earlier on in this thread that this was no longer the case.

    Can anyone confirm either way?
  • lipstick
    lipstick Posts: 34 Forumite
    Thanks GeorgeUK. Do u know why they would send back the postal order?
  • blueforyou
    blueforyou Posts: 152 Forumite
    blueforyou wrote: »
    I agree George, but can I just check that the template letter which tells them that they commit a criminal offence after a further 30 days (of no CCA received) is still correct?. I read a post earlier on in this thread that this was no longer the case.

    Can anyone confirm either way?
    Post 2197 from Rog2 indicated the 12+2+30 letter now not needed?
  • Hi All,

    I am a new user of this forum and after spending the last few days reading various threads, I have now started my own regarding my journey for CCA requests.

    I would be very grateful for some advice on a CCA agreement that I have received from MBNA.

    I have uploaded what I have received for people to review and comment on.

    Do you think this is an enforceable CCA?

    George UK – Thank you for your post on 26.02.09

    Many thanks in anticipation of your help.

    Here is the link to my thread:

    http://forums.moneysavingexpert.com/showthread.html?p=19520841#post19520841
  • Hi all,

    I have sent away some 12+2 day letters to some dca's and in yesterdays post I received a reply from one of my dca's with a copy
    of a cca with my signiture, name,address dob,employment details etc but it also says at the very top that it is an application form.
    Doe's this sound right? (I will post the reply from the dca as soon as I figure out how to do it).
    I noticed I signed it in May 1999 and if I'm correct I defaulted in
    probably late 2000 definetely no later than mid 2001.
    I through bad advise started to pay a small amount to this debt in Jan 2008 but I am only 80% sure, now that I know the oc that I
    never payed any more to the debt from default to Jan 2008.
    Does anyone think I should now spend £10 and ask for a SAR report?

    W.W.
  • cocker100
    cocker100 Posts: 520 Forumite
    Part of the Furniture Combo Breaker
    blueforyou wrote: »
    I agree George, but can I just check that the template letter which tells them that they commit a criminal offence after a further 30 days (of no CCA received) is still correct?. I read a post earlier on in this thread that this was no longer the case.

    Can anyone confirm either way?


    The 30 day criminal offence no longer applies. Just omit this from the template letter.
  • lipstick
    lipstick Posts: 34 Forumite
    Hiya just a quick question has anyone dealt with defaults on a mobile phone bill? I know u need to pay for a status subject access request.Just wanted to know of anyones experience because I really want to get this default off the credit file.
  • Hi,

    Does anyone know which companies people have had success with getting their debts written off via the agreements that were unenforceable under the CCA 1974?? Natwest? A&L? Capital One? HFC?

    Thanks
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