Cca Requests Updates Please

Broken_hearted

Still silence from halifax.

Have now CCA M&S as they are acting up, the smaller they are the louder they scream.

Merlinexcalibur

Have now CCA M&S as they are acting up, the smaller they are the louder they scream.

Seems that way doesn't it.

Bazza66

cocker100 wrote: »

Hiya Bazza, thanks for replying!

I've sent 4 letters in total so far. The initial CCA request was sent on 1st October 2008. I then sent the 12+2 letter on 24th October 2008.

Heard nothing in relation to the CCA request, but started getting demands for full payment from MHA collections, so sent another letter on 30th December 2008, stating that if they failed to comply they would be removed from my DMP.

Got a reply back from their complaints dept and they said they would investigate within 4 weeks.:rolleyes:

Still nothing else turned up , so I sent the formal "acount in dispute" letter on the 29th January 2009 and informed them that I had removed them from the DMP and no further payments would be made until they produced the CCA.

Nothing else until this latest letter turned up. They make reference to my letter dated 29th January 2009, but it makes no sense.

It is as if they are getting several account mixed up, as each letter makes no connection to the previous!!!!!


Cocker:)

My initial thoughts are you dont need to write back. They have had the CCA request and they have not produced it. You are more than welcome not to pay anything.

As someone said on here - everytime you write to them you are resetting the 6 year statute clock.

Were MHA collections the one you CCA'ed? If not then you need to write to them saying the account is in default with original DCA CCA requested.

Basically they know the rules and are trying it on. No CCA = debt unforceable. If they continue then you can report them to the relevant authorities. The OFT would be the one to start.

I am baseing this on what you have said.

cocker100

Bazza66 wrote: »

My initial thoughts are you dont need to write back. They have had the CCA request and they have not produced it. You are more than welcome not to pay anything.

As someone said on here - everytime you write to them you are resetting the 6 year statute clock.

Were MHA collections the one you CCA'ed? If not then you need to write to them saying the account is in default with original DCA CCA requested.

Basically they know the rules and are trying it on. No CCA = debt unforceable. If they continue then you can report them to the relevant authorities. The OFT would be the one to start.

I am baseing this on what you have said.

Hiya,

The original CCA was sent straight to Lloyds. MHA Collections weren't hassling me then. They only started after the CCA reqeust was sent.

I also sent MHA a separate letter stating that the account was in dispute and they couldn't do anything. Never heard anything back from them after I sent that letter and that was at the back end of last year!

I think i'll leave it for now and see what developes. I'll get on with sending the SAR request to my old branch and see what turns up!

Thanks for your reply,

Cocker:)

Bazza66

cocker100 wrote: »

Hiya,

The original CCA was sent straight to Lloyds. MHA Collections weren't hassling me then. They only started after the CCA reqeust was sent.

I also sent MHA a separate letter stating that the account was in dispute and they couldn't do anything. Never heard anything back from them after I sent that letter and that was at the back end of last year!

I think i'll leave it for now and see what developes. I'll get on with sending the SAR request to my old branch and see what turns up!

Thanks for your reply,

Cocker:)

The original CCA request was with Lloyds and so they are in default. You have correctly sent the account is dispute to MHA. If they have written to you again then report them to the OFT!!!! They are in breach of OFT regulations!

lipstick

Hiya ive just read the post below

As someone said on here - everytime you write to them you are resetting the 6 year statute clock.

Does this mean if u write the cca letters to a company then you are liable for the debt six years from the date on your letter?

MS_Dolphin

Hi,

Just had the following from Capital One if anyone can please give their views.

The covering letter does have my account number on it. The other letter headed 'Terms of....' has my account number and current credit limit on it. The T&C's uploaded below were on the reverse of this.

Also included was a current terms and conditions leaflet.

Thanks,

Merlinexcalibur

Hi, can't read the images, as Imageshack was taking too long to load. But that letter? Does it go along the lines of 'we have fulfilled your request under sections s77/78?'

And that CCA? Is it blank? Eg no signature from you, or any relevent details eg key information credit amount and so on? Couldn't tell TBH from the image. Okay, managed to peak now and no signature. Nothing, really unless you blanked it out. But Capital One are known for attempting to enforce agreements in this way. I don't know what to do next as I had advice from elsewhere and fired those back off at them. Got the same response each time. But, looking at that, it's not enforceable if it's blank. Not a legal contract unless signed by both parties. Least always been my understanding of how a contract works.

As to 'views'. Capital One dish out these letters like candy. In reply to CCA requests. Those T/Cs. Will be the new ones, of course, they brought in last summer. Cynically, I considered that to be because they knew of the new changes eg with the OFT that came in last year so timed them all to come out. But that leaflet looks familiar.

As you may know, the information has to be contained in the four walls on the document and not on a separate sheet.

Had this with Capital One for example. They are the Devil's own trying to get them to respond directly to anything.

MS_Dolphin

Merlinexcalibur wrote: »

Hi, can't read the images, as Imageshack was taking too long to load. But that letter? Does it go along the lines of 'we have fulfilled your request under sections s77/78?'

And that CCA? Is it blank? Eg no signature from you, or any relevent details eg key information credit amount and so on? Couldn't tell TBH from the image.

As to 'views'. Capital One dish out these letters like candy. In reply to CCA requests. Those T/Cs. Will be the new ones, of course, they brought in last summer. Cynically, I considered that to be because they knew of the new changes eg with the OFT that came in last year so timed them all to come out. But that leaflet looks familiar.

As you may know, the information has to be contained in the four walls on the document and not on a separate sheet.

Had this with Capital One for example. They are the Devil's own trying to get them to respond directly to anything.

The letter closes "I trust this information will help you with your enquiries. IF you need any further information, please contact me again."

The CCA contains no signature, but in the letter, they point out that they don't have to include it .....1983....Consumer Credit Regulations.

The first heading on the CCA is - Key Financial Information: and includes the following.

Credit Limit: The credit limit will be determined by us from time to timeunder the agreement and notice of it will be given by us to you.

Monthly Payments: Monthly payments are due by the date stated in the statement.....

The monthly payment is an amount equal to at leaset 3.00% of the outstanding balance....

APR: 12.4% APR variable (see assumptions under total charge for credit below)

natters_2

Me again! - had a letter back from Cabot today, returning the postal order and saying
"The Cabot Financial group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender.
Cabot Financial does not accept the statutory fee required under section 77 and/or 78 of the consumer credit act 1974 and as a result Cabot has returned the fee of £1.00 that you have sent."

My understanding is that is all hogwash and as they are asking for payment - they are required to send the information.

So assuming a CCA does not turn up in the required timeframe I send the 12 + 2 to them even though the payment has been returned?