Cca Requests Updates Please

Merlinexcalibur

As if by magic ... Well, I think the answer here is are Lowells even pursuing the correct person? Maybe you should clarify that before you do anything else. Just a suggestion. Then that may also answer why it's not on his credit file. Unless, you are missing out vital info like he never paid it back, of course.

MS_Dolphin

Hopefully this has worked. 10past6, thanks for your patience.

I've attached the reply from Barclaycard to my CCA request. Is this what they should be sending.

It was headed "Barclaycard Conditions of Use. A copy for your records." Also stamped "1993 Barclaycard T/C"

It has a covering letter saying this is, "A copy of your original Barclaycard Credit Agreement at the time you opened your account. This completes our obligation to you under Section 78 of the CCA 1974."

lebourdeix

Hi, just read your comments. BArclaycard passed my debt to Mercers even though I agreed to pay £50 per month and have ben doing so for 1yr. Now it has been passed to RMA who are using bully tactics.We live in Cyprus and they got hold of our mobile number - so we have changed it and made it ex directory. We have not heard from them since November- so Iwrote to them and Barclaycard in Fb, still not heard anything. Is it now RMA debt and not Barclaycards - any help advice would be great- Thanks

Itsallgonepearshaped

Itsallgonepearshaped wrote: »

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 !

Dear all, apologies in advance for the length of this post but I'm confused !

Still not sure what to do about the Capital One issue above. I've just had a letter from Citi saying something similar ("We regret to inform you that section 78 CCA 1974 does not require CitiFinancial to provide you with a copy of the executed agreement as you appear to believe. It requires CitiFinancial to provide you with a "copy of the executed agreement" as defined by the Consumer Credit (Cancellation Noticed and Copies of Documents) regulations 1983. The obligation to provide you with a document is fulfilled by the provision of the terms and conditions, which are supplied to customers upon reissue or issue of their card, being printed in the card carrier. We enclose a copy of the T&Cs for your account. This is an industry standard document and conforms to the regulations. We set out below a summary of the same for your information.

180 power to prescribe form etc of copies
(1) regulations may be made as to the form and content of documents to be issued as copies of any executed agreement, security instrument or other document referred to in this Act and may in particular -
(a) require specified information to be included in the prescribed manner in a copy, and contain requirements to ensure that such information is clearly brought to the attention of reader of the copy;
(b) authorise the omission from a copy of certain material contained in the original , or the inclusion of such material in condensed frm.

The Consumer Credit (Cancellation etc) regulations 1983 makes it clear at Reg 3 that the "copy executed agreement" is not required to be an exact replica of the original agreement per se but an extract since it is allowed to omit certain information including any signature box, signature or date of signature".

Any ideas where I go from here? Is there a standard reply to this response ?

Thanks

10past6

MS_Dolphin wrote: »

This completes our obligation to you under Section 78 of the CCA 1974."

No it does not.

The T&Cs they've sent could apply to any Tom, !!!!!!, or Harry, you want a copy of the agreement that applies to YOU, i.e what shows your credit limit / APR / Monthly payments.

10past6

lebourdeix wrote: »

any help advice would be great- Thanks

Send the following letter

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

Merlinexcalibur

Does anyone have an answer for me from post 2341? This is not an area I am sure of eg after no CCA has been produced and would like to be sure I DO/DON'T need to send something. Some people say yes, others to leave it. I need to be sure, because it is now with a third party DCA, no longer with the OC.

10past6

Merlinexcalibur wrote: »

Any ideas on where I should proceed from here?

Who is the debt with NOW, OC or DCA?

Who did you CCA, OC or DCA?

Merlinexcalibur

The DCA, who stated they owned the debt eg sold/purchased back in January. So I CCAd them but, as you've read, the CCA came from the OC not the DCA. Then got that letter stating 'awaiting their client to produce the documents from their archives, then will expect payment in full'. There are other issues surrounding how this account was set up which are complicated which breached my consumer rights eg refinancing when I fell behind with payments. Too late by then, because I was told by a debt charity not to do that but after it happened. The CCA they produced is nothing like the one I know I completed last year, it's blank.

Just I always thought the CCA had to come from the DCA who purchased the debt, so am confused why they keep referring 'to their client'. Anyway, thanks for any help you can offer cos like I said this area is never too clear to me. I have a few others who have failed to produce CCAs, even admitted to it, but still pursue through a DCA. So, any suggestions could help me in that direction, too.

10past6

Your CCA goes to who you're paying NOW.

What they do with it, how long it takes to obtain the document is no concern of yours, unless they enter default.

The act states they have 12 days to comply, if the don't they enter default, simple as ABC