Cca Requests Updates Please

pebbles88

rog2 wrote: »

Nice thought, peb - just make sure you keep a copy of the 'form' in case there are any comebacks.

i have just photocopied it, i dont trust any of them now! :eek:

rog2

pebbles88 wrote: »

i have just photocopied it, i dont trust any of them now! :eek:

You're learning well, peb. :rolleyes:

magoogy

after about 2years or so studio cards have just returned to haunt me.....they admitted by letter they didnt have any signed agreement and that the account will not be chased unless one was found....now - a dca is once again asking for payment for this account....

im wondering if this is to keep the communication going for the 6year rule thing where after that time it is wrote off if no correspondence received? or something like that??

what do you suggest i do??

thanks

Leighton007

Hi everyone,

I am thinking about requesting CCAs from 3 credit card companies. I have downloaded the template letter and intend to post on Friday. However I am not sure of all the stages of the process. Could someone direct me to a guide?

Cheers

thenightporter

I send two CCA requests for MBNA credit cards on 6/3/09 which were received by MBNA on 9/03/09. When will the 12+2 date expire (is it from when I sent or when they received)?

Thanks

GeorgeUK

What i have started to do when filling in a form is to add the first letter of the last line to the end of my signature so i have a better chance of seeing if the signature belongs to that form or not. Not foolproof, but might be worth altering the signature slightly.

GeorgeUK

Nightporter - the 12+2 working days is from the date that the letter was received by them. If you haven't received anything, you coould send the 12+2 day leter on the 30th.

Hi Leighton. There are a few threads that describe the process and some that give insight into what others have done and how this has gone.
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721

http://forums.moneysavingexpert.com/showthread.html?t=767025


Magoogy - the debt should not have been passed on as it is in dispute. Inform the DCA of this as it would be a breach of the OFT debt collection guidelines for them to continue processing this debt. There is a letter that Fermi put on the standard letters thread for this.
http://forums.moneysavingexpert.com/showthread.html?p=11636233#post11636233

thenightporter

George thanks!

RIANNA30

Hi Everyone,

BOS, story so far - CC debt of approx £10,000 passed to Moorcroft in Jan this year, (currently paying through DMP for 8/9 months), sent CCA Request in Feb, they replied stating that a/c would be frozen while they obtain agreement. Nothing more heard.
In the mean time, received 'an agreement' from BOS which was copy of app form with a copy of the current t&c's. Replied asking for a true copy, they have replied today with the following letter:

'I enclose a copy of your original application and while we have as yet been unable to supply details of the agreement,we can confirm the Terms & Conditions were on the reverse of the original application which you accepted and signed at the time.

While we try to locate the full original agreement we will not be seeking to enforce the agreement. However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court.

I have found no previous record of you disputing the account and you have had the benefit of this agreement, I do not see on what basis you are disputing liability. If you cease making payments then this may amount to breach of contact and we will continue with our normal collections and credit reference reporting activities.

I hope this clarifies our position.'

The 'original application' that they sent is actually somebody else's! Has all of their personal info including bank account and employer info, makes me wonder who has my details???
Surely a data protection issue?

Any thoughts/comments? I reckon if they don't have it yet, they're not going to, think it was opened late 90's. Should I wait to hear again from them or address the fact that they have sent somebody elses info?

Thank you!

rog2

RIANNA30 wrote: »

While we try to locate the full original agreement we will not be seeking to enforce the agreement. However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court.

Contract - what contract?

The 'agreement' is the contract, and is, currently, unenforceable. Even if they find it now, they would need to apply to the Courts for permission to 'enforce it'.

And yes - sending you somebody else's information is, indeed, a 'data protection issue. You might want to have a word with the Information Commissioner's Office on this - www.ico.gov.uk/