Cca Requests Updates Please

blind-as-a-bat_2

debtlady wrote: »

Thanks for the replies. It does say at the bottom "This is a Credit Agreement regulated by the Consumer Credit Act 1974". My copy is slightly larger, but still not very legible. Should I write to 1st Credit asking for a legible copy, but not confirming the signature?

on a side note debtlady http://www.oft.gov.uk/news/press/2009/20-09

As your dealing with Ist credit, may make intresting reading, and may give you some ammo to chuck at them if they dont behave;)

fermi

debtlady wrote: »

Thanks for the replies. It does say at the bottom "This is a Credit Agreement regulated by the Consumer Credit Act 1974".

I could write that across the top of my receipt from Tesco's.

It wouldn't make it a valid credit agreement though, would it?

cardiff

my partner sent off for a cca from a dca for a debt they are chasing, 2 years on no cca has been produced, but they are refusing to take the debt off bf's credit record, last letter received from them said something along the lines of

"although we can not prove the debt exists the balance is still outstanding and will therefore remain on credit file, please note the account is now on hold for 28 days and we will be in touch again before this"

What should we do now?

fermi

debtlady wrote: »

Should I write to 1st Credit asking for a legible copy, but not confirming the signature?

I suppose you could write something along the lines of this from another thread:

You would need to adapt that.

Not sure I would hold my breath though...........:rolleyes:

Dear Sir,

Thank you for the reply to my letter dated XX/XX.2008.

Having taken the time to look over the documents supplied in response to my statutory request made under the Consumer Credit Act 1974, I have the following concerns

The document entitled “credit card agreement regulated by the Consumer Credit Act 1974” which appears to bear my signature fails to comply with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). In particular section 2 of the Regulations

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. Many of the terms are blurred and cannot be interpreted and I am further unable to make out the prescribed terms as required by schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). After taking advice on this matter, I am of the belief that this agreement that you have presented before me, as it stands would be unenforceable even by court order. Therefore, I require that you provide me a clearly legible copy of the agreement, where all the terms are clearly legible

Should you not be able to supply a clearly legible copy, I would suggest that you give consideration to cancelling this account and reducing the balance to zero. Of course the alternative would be to seek a declaration of my rights under Section 142(1) of the Consumer Credit Act 1974. I am advised that with the documents that you have supplied there would be an extremely good prospect of success with such a declaration, however, I am mindful of additional costs that such action could incur both on my part and on yours so I trust you will give consideration to this request


Yours Sincerely

debtlady

I also just noticed that although they have blacked out some details, they are still legible - namely my email address, and more worringly my bank sort code and account number!

rog2

pebbles88 wrote: »

Regarding your recent letter concerning the Banks alledged breasch of the CCA act, i would advise you of the following.



We do not consider this account to be in dispute or void and your indebtedness on this account remains due and payable and we will be pursuing for the full repayment. Any non payment of the account will be recorded on your credit file as will a default if non payment of the account continues thereafter.

This is the letter word for word. to me it seems as though it is not written properly in places..... as though they have missed words out:rolleyes:
I have been making token payments of £1 a month since january.
I will be back as soon as i can

Whilst they may not consider the account to be in dispute, it most certainly is from your point of view.
I share your opinion that they are, indeed, in default, and I think that they have deliberately worded their letter to 'intimidate' you and to divert your attention away from their obligations. Certainly it is not a reply that I would be satisfied with.
Blind-as has made some very good observations, too, but I'm not sure that you need to quote everything at this stage and I would be inclined to send them the letter that fermi has posted.
I would be interested to know what the financial ombudsman and OFT have to say about it, but the 'debt', in my opinion, is still in dispute.
If the bank pass this 'account' on to a dca, which is probably their next move, then you will need to send that dca a copy of the 'in default' letter, that you will find on post 8 (again thanks to fermi) of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

pebbles88

rog2 wrote: »

Whilst they may not consider the account to be in dispute, it most certainly is from your point of view.
I share your opinion that they are, indeed, in default, and I think that they have deliberately worded their letter to 'intimidate' you and to divert your attention away from their obligations. Certainly it is not a reply that I would be satisfied with.
Blind-as has made some very good observations, too, but I'm not sure that you need to quote everything at this stage and I would be inclined to send them the letter that fermi has posted.
I would be interested to know what the financial ombudsman and OFT have to say about it, but the 'debt', in my opinion, is still in dispute.
If the bank pass this 'account' on to a dca, which is probably their next move, then you will need to send that dca a copy of the 'in default' letter, that you will find on post 8 (again thanks to fermi) of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Well i have the letter ready to send in the morning. Am directing it to the customer realtions department as the customer services are being so unhelpful. Thanks again for your advice guys. :T:T

rose28454

I received 2 replies to my CCA requests today. Firstly Barclaycard:-
The letter says

REFERENCE SECTION 78 OF THE CONSUMER CREDIT ACT 1974.

Please find enclosed a copy of your original Barclaycard Terms and Conditions at the time you opened your account.
Please note a copy of your current Barclaycard Credit Agreement will be sent under seperate cover.
The information we must provide to you under the terms of Section 78n is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit ( Cancellation Notices and Copies of Documents) Regulations 1983
This completes our obligation to you under Section 78 of the Consumer Credit Act 1974.

The document is stamped September 2003 to January 2004
Classis/Gold/Platinum/Initial/Football/Student 01/09/2003-31/01/2004

It is 2 copies of the same Barclaycard conditions but is not signed by me.
What errors should I look for?

Secondly I received a letter from Mortimer Clarke, Solicitors for Phoenix Recoveries, who are chasing me for money owed to HFC. They already have a charging order for this debt but recently I received a letter from the court changing the name of claimant from HFC to Phoenix Recoveries ( even though I am paying MARLIN for this debt) They are also claiming 8% interest on this debt. The letter says they are unable to write the payees name on the PO I sent and could I please resend it with their name in it. In the meantime they have requeste the document from the original creditor. However I have today sent SAR requests to Marlins and HFC as I have been advised by the Consumer Action group. So should I just ignore this letter and wait for the SAR request to go through.

Sorry for the long post but I am going away working for 12 days tommorow and am trying to get some of my financial problems in order before I go
Ta

stapeley

I know it can take time for CAG to reply ,but there are more legal wizz kids on there .

kimdegsidash

Hello all hope you can help - have started my own thread but thought I would ask here as well:

I requested my Littlewoods catalogue account CCA in Feb. They wrote back very quickly and admitted in writing that they do not have an executed agreement for my account (which I knew they wouldn't as I opened the account when I was 19 from a cut out slip in a magazine many years ago). They instead kindly supplied a copy of their current t&cs that 'applied to this type of account'. So, after the 12+2 days I sent them the default letter and requested that they accept a £200 payment recently made as full and final settlement to close the account. I stated that no further payments would be made as the remaining balance was only £160, which was much less than the total of all the 'balance care insurance' charges added to my account over the years.

On 25 March they wrote back confirming that they will not pursue for the remaining outstanding balance, but that the debt would remain unsatisfied, kept on their internal files for future reference, and that the information would remain on my credit reference file for 6 years.

I don't know whether to accept this or to pursue my initial request to have the file wiped completely. Is it worth bothering, especially as I intend to clear all my debts within three years. Also, I will need to remortgage in about three years as my fixed rate deal with Northern Rock ends in 2012. So, I guess it will still be on record and may affect my ability to remortgage.

Also, another letter from Littlewoods arrived a few days later, dated 26 March (after their acknowledgement letter) with a Default notice under s87(1) of the Consumer Act 1974! The notice demands full payment of the £160 or further action will be taken.

My dilemma is, to ignore it on the basis that I don't have to pay any more and concentrate on clearing my other debts - or to write again in an attempt to get a) the whole lot wiped from my file or b) just the default dated 26 March?