Cca Requests Updates Please

Broken_hearted

They are just threatening all sorts of action against us. No-one seems to care that they are in the wrong. It is so annoying.

rog2

Broken_hearted wrote: »

They are just threatening all sorts of action against us. No-one seems to care that they are in the wrong. It is so annoying.

Then let them 'commence' this 'action' - you should be able to put up a pretty good defence.
It might, also, be worth talking to the Financial Ombudsman's office about their (M&S) blatant disregard of their legal obligations under the Act.

blind-as-a-bat_2

Broken_hearted wrote: »

They are just threatening all sorts of action against us. No-one seems to care that they are in the wrong. It is so annoying.

Frustrating isnt it:rolleyes: just recieved the same threat/letter this morning that we first recieved 7 months ago from one of OH's creds, they still wont accept the account is in despute as the copy was illegible and missing terms required to deem it a true copy, so bars enforcement under sec 77(4), and as even if they can sort the legabilaty out the agreement, missing those terms is only enforceable by order of the court under sec 65(1)

so its not just you they are ignoring :D

Batman2_2

aj2703 wrote: »

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

I've been sending them cheques for £10 per month so they could have got it from them

BlueIsTheColour

Batman2 wrote: »

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

Thanks in advance.

Sure this is what I sent, with some stuff from here and some additions from my friend, they should have received it today so will be interesting :rotfl:

Thank you for your letter dated 27th March 2009.

I have not received any notice of assignment and am unclear as to the status of Moorcroft in this matter, can you advise me accordingly.

I am concerned that you may be under the impression that the obligations under the above Act have been fulfilled.

You have provided me with a copy of what seems to be an application form. This would not constitute a true copy of an agreement.

In order to comply with the request under section 78, it is required that the document complies with sections 60, 61 and 64 and all the regulations made under those sections, taking into consideration the allowances made under s180 and it’s associated Regulations. The document which you have supplied clearly does not comply with these requirements. It does not for example contain terms stating the credit limit, rate of interest or any way for a debtor to adduce the manner in which they are to discharge their obligations.

Therefore the company are in default under the Act. Furthermore section 78(6) makes it clear that whilst the default continues the creditor is unable to enforce the agreement.

If you are unable to provide a true copy of the agreement containing all the prescribed information under s60, 61 and 64 and the regulations made under these sections, the consequences are set out at s65. In addition it is my understanding that the company are precluded from enforcing such an agreement by virtue of section s127(3)and s127(4)(d) CCA 1974.

I also feel that your default establishes an unfair relationship under s140A(1)(c) CCA 1974 (as amended), without this information I am unable to make an informed decision with regard to your allegations with regard to this matter.

Your default may also be construed as a misleading omission under Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008 (CPR’s) and therefore potentially a criminal offence.

I would therefore propose that you comply with the requirements of my request under s78 CCA.

Any contact from the company that is not a direct response to the matters raised within this correspondence will be taken to be an attempt to enforce the agreement and therefore harassment and the matter will be referred to Trading Standards for their consideration under CPR’s schedule 1 point 26, as a commercial practice which is in all circumstances considered unfair and is a criminal offence. I will also bring these matters to the attention of the Office of Fair Trading in respect of the company’s fitness to hold a credit licence.

Being a reasonable person I offer you a further 14 days in which to comply with my request, or in the alternative confirm the account is now closed and showing a zero balance.

Thank you for your attention to this matter.

pebbles88

as some of you will know, I have already tried to get my CCA off the nasty bank, they sent rubbish but were adamant that is was a true copy. I presently have a SAR request in with them that I should hear back from soon.

I have defaulted them, yet they still keep chasing, today i received 2 letters with the same date. one terminating the account and demanding full payment of the whole balcance within 14 days, the other one demanding a full financial breakdown and evidence of why i am in this financial mess due to my health etc.

where do i stand? What they sent was not a valid CCA. I know that much.

Im really knocked for 6 by this, scared too.

rog2

pebbles88 wrote: »

where do i stand? What they sent was not a valid CCA. I know that much.

Im really knocked for 6 by this, scared too.

Hi Peb - It is, unfortunately, common prctise for creditors to 'ignore' the fact that they are in default - in your case they appear to be using it as an opportunity to 'get heavy'. :mad: :mad:

You could try contacting the financial ombudsman 'helpline':

www.financial-ombudsman.org.uk/contact/index.html tel. 0845 080 1800

stapeley

pebbles88 wrote: »

as some of you will know, I have already tried to get my CCA off the nasty bank, they sent rubbish but were adamant that is was a true copy. I presently have a SAR request in with them that I should hear back from soon.

I have defaulted them, yet they still keep chasing, today i received 2 letters with the same date. one terminating the account and demanding full payment of the whole balcance within 14 days, the other one demanding a full financial breakdown and evidence of why i am in this financial mess due to my health etc.

where do i stand? What they sent was not a valid CCA. I know that much.

Im really knocked for 6 by this, scared too.

That is what they want , stay firm NO CCA , NO ENFORCEABLE DEBT !

pebbles88

rog2 wrote: »

Hi Peb - It is, unfortunately, common prctise for creditors to 'ignore' the fact that they are in default - in your case they appear to be using it as an opportunity to 'get heavy'. :mad: :mad:

You could try contacting the financial ombudsman 'helpline':

www.financial-ombudsman.org.uk/contact/index.html tel. 0845 080 1800

just called them. They advised that all they could do was lodge a complaint. Im happy to go down that route, Im just worried about what they may do in the meantime.

They have got what they wanted, im petrified!

rog2

pebbles88 wrote: »

just called them. They advised that all they could do was lodge a complaint. Im happy to go down that route, Im just worried about what they may do in the meantime.

They have got what they wanted, im petrified!

Two things, peb:

1. Lodge the formal complaint - you can do it on line - I will look to see if there is a letter that you can send to the Bank (may take a while, if not I will 'draft' one for you.
2. You can, also, report them to Trading Standards as they are ignoring the OFT guidelines on Debt Collection.