Cca Requests Updates Please

RIANNA30

upferret wrote: »

Ive requested a cca from hsbc, they sent my postal order back and said they'd waive the fee, also they said they wont send me the agreement until Ive sent another request this time with a signature to prove who I am.(I printed my name) Whats do I do next then? also is the clock still ticking on the 12 working days?

I've had the same problem with HSBC, requested CCA on two credit cards that were being paid via DMP with CCCS, both came back quite quickly requesting a signature, I replied stating that a signature wasn't required (I'm sure theres a template on here somewhere) which incorporated the 12+2 letter, unfortunately they just sent me the same letter again saying they couldn't do anything without a signature.

I'm now managing my own DMP so a week ago I wrote to HSBC advising that we will receive no further payments until they comply with my request. I figure no money will get their attention, will have to wait and see. Both the credit cards date back to 1998 so I suspect they have nothing, hopefully!

fermi

RIANNA30 wrote: »

I've had the same problem with HSBC, requested CCA on two credit cards that were being paid via DMP with CCCS, both came back quite quickly requesting a signature, I replied stating that a signature wasn't required (I'm sure theres a template on here somewhere)

Here.

Response to a request for a specimen signature before a creditor/DCA will comply with a CCA request.

Dear Sir/Madam,

RE: Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expired on xx/xx/2008.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

As you are aware, you are not entitled to enforce any agreement that you claim exists until you comply with this request.

I look forward to receiving the documentation requested

Yours faithfully

Print dont Sign

upferret

What about if I printed a signature box with the date on it i bold, and signed lightly over the top? would that stop it being lifted and used?

never-in-doubt

emzshe wrote: »

Hi does this thread relate to the 'unenforceable credit' to do with CCA's signed before April 2007? I've searched all over and cannot find a thread relating to it!

Hi

This thread explains unenforceability in detail: http://forums.moneysavingexpert.com/showthread.html?t=1612055

pebbles88

upferret wrote: »

What about if I printed a signature box with the date on it i bold, and signed lightly over the top? would that stop it being lifted and used?

when i have had to provide a signature i have just put 2 crosses through it, then if they lifted it it would be obvious. HTH

dvs

As they probably don't have a signature, you could always try signing your name differently and see if they reply. If they reply saying that is not your signature, you'll probably know that they have the agreement (assuming that they don't have your signature through other means). If they just send the CCA, you could draw the conclusion that they either don't have the original signed agreement or perhaps they simply haven't checked your signature.

Possibly not the best way to prove anything, just an alternative to sending your real signature. Still think you should reply with the standard letter about not needing to supply a signature.

wigwam

Hi,
I am sending a CCA request to both NEXT and egg on Tuesday. I am not currently defaulted on either agreement - from what I understand if the CCAs are unenforceable and I pursue I will most definately get a default notice.
Will this be worth it, particularly as my current mortgage deal ends this year will my credit be severely affected?
Thanks x

Broken_hearted

Marks and Spencer are adding interest on and threatening to default us. Eben more pathetic is their claim that they did send a CCA out they just lost the details of it so have no record of when they did it. Yep and pigs fly.

mary_mungo_+_midge

hi!

I have a self administered Dmp which has been running with no real problems since Feb last year.

I have a CC debt with Marbles for £6000 and have been paying £55 a month.

Got a letter a few weeks ago from 1st credit saying that it was due for full immediate repayment.

I sent off a CCA request 3 weeks ago recorded post, but got a phone call at work to say that 1st Credit have not bought the debt they are simply acting for Marbles and that Marbles will no longer accept a payment plan, they are pressing for full repayment via legal action if necessary.

I've asked to only correspond in writing in future, and have asked for my CCA before making any offer of payment.

I could just about raise £1000, no way could I pay back £6000, thats why I'm on a DMP.

Basically, when I spoke to 1st credit on the phone, they said I could speak to Marbles and find out if the payment plan I was on has simply expired ( its now 12 months since it was set up) and if they would be happy to set it up again.

They said they have been instructed to accept no less than full payment but its not their debt, it still belongs to Marbles.

My minimum payments were £122 and I have been paying £52 for last year. I could probably stretch to paying £122 a month as I currently work all hours to save for F&F's.

Now do I do nothing until I have the CCA? The 12 + 2 was up last week but not sent that letter yet because of Easter.

Haven't had any sort of default from Marbles at all yet.

I got another letter from 1st Credit about a week ago, saying that they had requested the CCA from Marbles, and that once I had received it I should contact them to pay the debt.

However, in todays post I got a letter from Capquest asking me to contact them to make arrangements to pay this same debt!

Now do I contact Capquest and ask for a CCA, contact marbles with the 12+2 letter, or what?

Fermi has given me a copy of a letter to send to Capquest saying that it should not be chasing a debt that is disputed but in the meantime Capquest have now rung, but I refused to speak to them, saying that I want all communication in writing.

Is this the best things to do?

Thanks x

rog2

mary_mungo_+_midge wrote: »

I sent off a CCA request 3 weeks ago recorded post, but got a phone call at work to say that 1st Credit have not bought the debt they are simply acting for Marbles and that Marbles will no longer accept a payment plan, they are pressing for full repayment via legal action if necessary.

Now do I do nothing until I have the CCA? The 12 + 2 was up last week but not sent that letter yet because of Easter.

I got another letter from 1st Credit about a week ago, saying that they had requested the CCA from Marbles, and that once I had received it I should contact them to pay the debt.

However, in todays post I got a letter from Capquest asking me to contact them to make arrangements to pay this same debt!

Now do I contact Capquest and ask for a CCA, contact marbles with the 12+2 letter, or what?

Fermi has given me a copy of a letter to send to Capquest saying that it should not be chasing a debt that is disputed but in the meantime Capquest have now rung, but I refused to speak to them, saying that I want all communication in writing.

Hi m,m+m - long time since we saw you - hope you are well.

1. It matters not one iota that 1st Credit do not 'own' the debt. They, by virtue of the fact that they were 'collecting' money from you, were, and are, legally obliged to provide you with a true copy of the original, executed cca within 12 working days of receipt of your request, and £1.00 statutory fee.
2. 1st Credit are now 'in default' and can NOT enforce the agreement, without the perission of the Courts.
3. Neither should they, or Marbles, have passed your details on to Capquest whilst they are in default. Not only is this a breach of the Data Protection Act, for which you can report them to the Information Commissioner, but it is also against the OFT Guidelines on Debt Collection to use more than one dca to attempt to collect the same debt: www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

I don't know what 'letter' fermi has advised, but, certainly, you should send Capquest the 'In Default' letter that you will find in post #8 of the following thread (again courtesy of fermi):-

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


CRAPQUEST simply have no right to ask you for money - end of.

You have no obligation to talk directly to Marbles, at this stage. 1st Credit are trying to divert your attention away from their legal obligations.

They should (again see OFT guidelines) listen to all reasonable offers of payment, from you, and should not infer that the full amount is payable, knowing that you can not afford to pay - this is tantamount to inferring that you should borrow money to pay them - but, that aside, the agreement is, currently unenforceable - I, personally would not pay them one penny without seeing the cca.