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Cca Requests Updates Please

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  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Ames wrote: »
    The 12+2 was up for the first one I sent on Wednesday but I was away visiting relatives. I'm looking for the next letter now and I'll send it on monday, I'd rather not send it today since it'll get there on a saturday, and I doubt anyone will be signing for it till monday anyway.

    Don't forget that Monday is a Bank Holiday, ames.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • System
    System Posts: 178,343 Community Admin
    10,000 Posts Photogenic Name Dropper
    I have received a useful piece of infor from Argos card services today. I requested my CCA and got 5 or 6 pages of c%%p with a covering letter saying,

    We enclose such and such, it then goes onto say

    THE CONSUMER CREDIT ( CANCELLATION NOTICES AND COPIES OF DOCUMENTS) REGULATION 1983 EXPLAINS WHAT MUST BE INCLUDED IN THE COPY OF THE AGREEMENT. REGULATION 3 PROVIDES THAT THE COPY MAY OMIT CERTAIN INFORMATION, INCLUDING THE SIGNATURE BOX AND YOUR NAME AND ADDRESS

    So basically I have got copies of the terms and conditions etc just printed of the net that could be for anyone as there is no names address etc, Is this true about Regulation 3 etc? and where do I stand now?

    Anyone any advice?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • jimm24
    jimm24 Posts: 144 Forumite
    Sent my requests monday,received a few replies,westcott have put my account on hold until they get it.Network credit sent me my application form.And Aktiv Kapital said they don't need to send it as they are not the original creditors.Hillesden said they have requested it,if the original can not be found they will send a true copy?????
  • kel123_2
    kel123_2 Posts: 476 Forumite
    nirelandguy I have sent two so called CCA's back to Lloyds because they have no bank signature on them and one hadn't even got the account number. These have not become unenforceable in a court of law, here is the slight difference they are not properly exicuted and therefore can only be inforced by a court of law. As what you have been sent contain the presscribed terms i.e interest rate etc and ofcause your details. This is were I differ from some? Some say wait and let them dig an hole i.e until after the 1 calander month or has some say (including me) that you should write and tell them the errors of their ways. It's your choice but how do you know this is your CCA if it's not a copy of the true exicuted CCA. There are consequences iether way but by sending you this it suggests (AND ONLY SUGGESTS) that they have not got one.

    Kel
    June 2005 = 48K of Debt:cry:
    Sept 2006 Started dmp = 56k of Debt (inc fees and charges) DFD April 2030:eek:
    May 2008 = <5k of Debt (CCA route -48K, paid off 3K) DFD April 2010
    Nov 2008 Lloyds found CCA for 14K loan:mad: New DFD Jan 2016

    Happy so far tomorrows another day:confused:
  • Ames
    Ames Posts: 18,459 Forumite
    I had forgotten that monday's a bank holiday, thanks for pointing that out!
    Unless I say otherwise 'you' means the general you not you specifically.
  • Caz1965_2
    Caz1965_2 Posts: 28 Forumite
    Been reading through threat and would just like confirmation on something. If you sent for a cca and Credit card company did not send the documents within the 12+30 days but after intervention from TS (and i might add ignoring them even though TS wrote to the CC company under caution 3 times and still nothing) and suddenly 7 months later the Credit card company send the cca with "sorry for the delay", where does someone stand?

    What i mean is can credit card company enforce cca without court order or replying to TS first?
  • stapeley
    stapeley Posts: 2,315 Forumite
    If you have any doubts about the CCA you were sent I would send a copy to TS see what they say . It has been said that if it went to court the Origanal CCA can be requested , this is yet to be confirmed .
  • Caz1965_2
    Caz1965_2 Posts: 28 Forumite
    stapeley wrote: »
    If you have any doubts about the CCA you were sent I would send a copy to TS see what they say . It has been said that if it went to court the Origanal CCA can be requested , this is yet to be confirmed .

    I havent received a cca (yet) and my complaint has been with TS since Feb (sent cca request last Oct)TS has written to Credit Card several times and as yet they have failed to even answer TS.

    What im curious about is even if Credit card sent the cca to TS or me now wouldnt they need court order to re enforce it and explain to a judge why they took so long to send it.
  • kel123_2
    kel123_2 Posts: 476 Forumite
    Caz

    having researched and read loads this seems a very grey area. First of all after the 1 calender month they are committing an offence and intheory even if they find the CCA it can only now be enforced in a court of law, you now have the situation were if it is a valid cca then the agreement exists and it is probable that it will be enforced. It seems to me that it all depends on the judge's attitude? Catch 22. Look at the best and least best out come and make a decsion based on that. For example my DMP runs for 22 years and therefore i'm in a win no loose situation I can afford to take it has far as possible because after 6 years it drops off the radar so to speak.
    June 2005 = 48K of Debt:cry:
    Sept 2006 Started dmp = 56k of Debt (inc fees and charges) DFD April 2030:eek:
    May 2008 = <5k of Debt (CCA route -48K, paid off 3K) DFD April 2010
    Nov 2008 Lloyds found CCA for 14K loan:mad: New DFD Jan 2016

    Happy so far tomorrows another day:confused:
  • Caz1965_2
    Caz1965_2 Posts: 28 Forumite
    kel123 wrote: »
    Caz

    having researched and read loads this seems a very grey area. First of all after the 1 calender month they are committing an offence and intheory even if they find the CCA it can only now be enforced in a court of law, you now have the situation were if it is a valid cca then the agreement exists and it is probable that it will be enforced. It seems to me that it all depends on the judge's attitude? Catch 22. Look at the best and least best out come and make a decsion based on that. For example my DMP runs for 22 years and therefore i'm in a win no loose situation I can afford to take it has far as possible because after 6 years it drops off the radar so to speak.


    Thanks Kel.

    They havent sent anything yet so just sit back and see what happens. I was just curious.
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