Cca Requests Updates Please

Batman2_2

Any advise please – Ref Moorcroft (Abbey)?

I sent a CCA request to Moorcroft and received the following 2 letters.
The CCA looks OK in respect that it has all the details & my signature but it doesn’t look familiar albeit the debt is old.
I suspect they may have copied my signature on to standard details.

Qu…I take it DCA’s (especially Moorcroft) are not beyond “cutting & pasting” details to try to pass them off as a CCA? Any thoughts?

If this is the case, I’m sure I’ve read somewhere that you are entitled to visit their premises to have sight of the original signed copy (would be OK for me as I’m close to Moorcroft).
Qu…Anyone got any views on this or any template letter I could use of reference to the part of the Consumer Credit act that touches on this.

Qu…In the 2nd letter they returned the £1 cheque payment.
I’m sort of “smelling a rat” here but not sure why would they do this? Any thoughts?

Qu…If this got to court and they could not produce the original signed copy, how would this stand up?

Any views much appreciated.

Thanks in advance.

1st letter

I refer to your recent correspondence. We are continuing to seek to obtain a copy of the credit agreement that you have requested. Our systems provide for reviews to be sent to our clients on a regular basis and this we are continuing to do. I will contact you again just as soon as the agreement has been made available to ourselves and confirm that at this stage the account has been placed on hold and that we shall not seek to enforce the debt until such time as the agreement has been obtained.

In the meantime however we believe that it may be of assistance to all parties if we take the opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account.

Please could you provide this information by return. We believe this is a simple request that will ensure that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

2nd Letter (received 3 days after the 1st)

Please find enclosed a copy of the relevant agreement under the Consumer Credit act in relation to the above account. I also return your payment of £1 submitted in respect of your request.

I can confirm that I have placed your account on hold until XX/XX/XXX and request you make immediate contact with our call centre on the above telephone number to discuss a repayment proposal you can afford and maintain.

aj2703

Where did they get your signature from to copy it over...?

Toffee_Penny

Hi all, hope you can advise me...

I sent a CCA request to Great Universal and they came back with a letter that stated

'Unfortunately we are unable to locate a copy of an executed agreement but for your information we enclose a copy of the current agreement which applied to this type of account.

According to our records your account was opened on 13/12/1998'


I am currently paying a DMP through CCCS and really unsure what to do next as I have noticed they are charging me £12 fees for late payments even though CCCS manage this. I have already claimed back £36 worth of charges since I started the DMP last year.

Since I am with CCCS it isn't as simple as stop paying the creditors who haven't come up with the goods (I've already asked, its all or nothing with them)

Alll I want is a bit of advise on what to do next? I can't really send the account in dispute letter whilst with CCCS can I?

thanks in advance guys

10past6

Toffee_Penny wrote: »

I can't really send the account in dispute letter whilst with CCCS can I?

Yes you can

If you decide not to pay the debt anymore, inform CCCS the debt has been settled.

10past6

Batman2 wrote: »

Please find enclosed a copy of the relevant agreement under the Consumer Credit act in relation to the above account

Batman2 wrote: »

I also return your payment of £1 submitted in respect of your request

Why have they returned you £1.00 if they've produced the agreemnet?

Batman2 wrote: »

I can confirm that I have placed your account on hold until XX/XX/XXX

Why have they put your account on hold if they've produced the agreement?

Something tells me they've not produced your agreement

BlueIsTheColour

Batman2 wrote: »

Any advise please – Ref Moorcroft (Abbey)?

I sent a CCA request to Moorcroft and received the following 2 letters.
The CCA looks OK in respect that it has all the details & my signature but it doesn’t look familiar albeit the debt is old.
I suspect they may have copied my signature on to standard details.

Qu…I take it DCA’s (especially Moorcroft) are not beyond “cutting & pasting” details to try to pass them off as a CCA? Any thoughts?

If this is the case, I’m sure I’ve read somewhere that you are entitled to visit their premises to have sight of the original signed copy (would be OK for me as I’m close to Moorcroft).
Qu…Anyone got any views on this or any template letter I could use of reference to the part of the Consumer Credit act that touches on this.

Qu…In the 2nd letter they returned the £1 cheque payment.
I’m sort of “smelling a rat” here but not sure why would they do this? Any thoughts?

Qu…If this got to court and they could not produce the original signed copy, how would this stand up?

Any views much appreciated.

Thanks in advance.

1st letter

I refer to your recent correspondence. We are continuing to seek to obtain a copy of the credit agreement that you have requested. Our systems provide for reviews to be sent to our clients on a regular basis and this we are continuing to do. I will contact you again just as soon as the agreement has been made available to ourselves and confirm that at this stage the account has been placed on hold and that we shall not seek to enforce the debt until such time as the agreement has been obtained.

In the meantime however we believe that it may be of assistance to all parties if we take the opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account.

Please could you provide this information by return. We believe this is a simple request that will ensure that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

2nd Letter (received 3 days after the 1st)

Please find enclosed a copy of the relevant agreement under the Consumer Credit act in relation to the above account. I also return your payment of £1 submitted in respect of your request.

I can confirm that I have placed your account on hold until XX/XX/XXX and request you make immediate contact with our call centre on the above telephone number to discuss a repayment proposal you can afford and maintain.

I have had the exact same letters from them following my request, along with a copy of my original application form, not the right thing at all :rotfl:
They also returned my £1 but as it was a crossed postal order I dont think its any good to me????

I have today sent them a letter saying nice try but no cigar but in much fancier terms thanks to a friend who used to work at trading standards who specialised in credit!!

Wonder what will happen next!

Batman2_2

Cheerz for the reply, any chance of posting your letter - With your name ETC crossed out.

Thanks in advance.

Broken_hearted

M|&S ignoring the CCA request completely as they have 'policies' whatever that means.

blind-as-a-bat_2

Broken_hearted wrote: »

M|&S ignoring the CCA request completely as they have 'policies' whatever that means.

might mean they have lost it, or never had one:p

rog2

Broken_hearted wrote: »

M|&S ignoring the CCA request completely as they have 'policies' whatever that means.

As far as I am aware the 'LAW' is just a it more binding than 'POLICIES'.

It's simple, BH - if they (even the almighty M&S) do not provide you with a true copy of the executed cca, within 12 working days of their receipt your request, then they are in default. If a creditor is 'in default' then he can no longer enforce the said agreement without permission from the Courts.