Cca Requests Updates Please

freckles101

Hi all , I've been reading as much as my brain will allow on this thread to see if my circumstances would make it likely that my credit card debt is unenforceable but thought it best to ask advice of folks on here , sorry if it's been asked before but any advice would be much appreciated .

First off sorry about the length of my post but I'm totally confused by which is the best way to proceed .

My husband has a credit card in his name and although I'm a joint cardholder the account is primarily in his name . This card was taken out as part of a deal for a mortgage and when we moved mortgage providers we kept the card . It was subsequently sold to another provider by the original cc company . My husband was made redundant in November of last year and was at the time on long term incapacity benefit due to an accident at work . I contacted the CC co recently after my husband had felt well enough to return to work and after giving me the number of the old insurance provider I was eventually given the no. for the correct ones . We were never informed that insurance providers were being swapped and it seems as a result we are losing out here . After speaking to them they stated that we wouldn't be eligible for payment protection since my DH hadn't been back at work in between being off sick and being made redundant despite us never having claimed from this particular company before so quite how this makes a difference I don't know. This is why I came onto MSE to check about PPI but stumbled upon this thread .

I'm going to send away the original letter to the CC co. for the cca but we have never defaulted on a payment and it's not in the hands of a DCA so does this make any difference ? Was told by a debt management co. that it would be classed as a default on payment and be on our credit rating for 6 years if we go down this route . I'm just p#d off that we've been paying for PPI for years for no reason so now hope to prove that the debt was unenforceable in the first place and maybe even get back the PPI payments to boot . The CC was taken out approx 9 years ago and since I can't find the CCA they sent out I'm assuming that's my best bet in the first instance but the lack of defaults on debts made me wonder since most folk seem to have comments about DCA's in their posts .

10past6

pebbles88 wrote: »

Has anyone heard of CL finance Limited??

They've been mentioned on here before, I'm sure they're based in Leeds.

pebbles88

freckles101 wrote: »

Hi all , I've been reading as much as my brain will allow on this thread to see if my circumstances would make it likely that my credit card debt is unenforceable but thought it best to ask advice of folks on here , sorry if it's been asked before but any advice would be much appreciated .

First off sorry about the length of my post but I'm totally confused by which is the best way to proceed .

My husband has a credit card in his name and although I'm a joint cardholder the account is primarily in his name . This card was taken out as part of a deal for a mortgage and when we moved mortgage providers we kept the card . It was subsequently sold to another provider by the original cc company . My husband was made redundant in November of last year and was at the time on long term incapacity benefit due to an accident at work . I contacted the CC co recently after my husband had felt well enough to return to work and after giving me the number of the old insurance provider I was eventually given the no. for the correct ones . We were never informed that insurance providers were being swapped and it seems as a result we are losing out here . After speaking to them they stated that we wouldn't be eligible for payment protection since my DH hadn't been back at work in between being off sick and being made redundant despite us never having claimed from this particular company before so quite how this makes a difference I don't know. This is why I came onto MSE to check about PPI but stumbled upon this thread .

I'm going to send away the original letter to the CC co. for the cca but we have never defaulted on a payment and it's not in the hands of a DCA so does this make any difference ? Was told by a debt management co. that it would be classed as a default on payment and be on our credit rating for 6 years if we go down this route . I'm just p#d off that we've been paying for PPI for years for no reason so now hope to prove that the debt was unenforceable in the first place and maybe even get back the PPI payments to boot . The CC was taken out approx 9 years ago and since I can't find the CCA they sent out I'm assuming that's my best bet in the first instance but the lack of defaults on debts made me wonder since most folk seem to have comments about DCA's in their posts .

Hi there.

I am not the best person to give advice on here, but i would think that perhaps seeing as you took out the card 9 years ago that chances are they may not have the cca.

see what they come back with. if you aren't sure, post back on here for further help and we will do all we can to advise.

we will need some more info...are you still paying minimum payments to the cc comp??? it may be worth posting on the PPI thread to get further info on the PPI side...

HTH.
:-)

pebbles88

10past6 wrote: »

They've been mentioned on here before, I'm sure they're based in Leeds.

i had seen that... just shocked by how polite they are being for a dca... mind you have only have seen a letter for crapquest years ago...

UNCLE_BUCK

Hi all,

can anyone say whether this complies with my cca request .
it was sent with a bad copy of my original 10 year old application form and the terms and conditions

pebbles88

Uncle Buck - that is pretty much exactly what they sent me also. mine is also 10 years old.

I have just sent a letter into nastys customer complaints dept as customer services were being quite intimidating... just received reply today saying that they will be looking into it and getting back to me.

the complaint address is on their website

HTH

UNCLE_BUCK

Hi pebbles,
I have been lucky at the moment they have not been to pushy, but i think its only a matter of time. did you continue and send out the the next letter ie 12+2 after receiving the above letter.???

pebbles88

UNCLE_BUCK wrote: »

Hi pebbles,
I have been lucky at the moment they have not been to pushy, but i think its only a matter of time. did you continue and send out the the next letter ie 12+2 after receiving the above letter.???

they have had several letters. they ignored the default letter and wrote extremely scary letter back to me. So i have included all of my letters in another default letter to the complaints dept now

MS_Dolphin

Hi, I originally started posting about a few weeks ago and got in a bit of a panic when I couldn't understand things and nearly caved, but I've stuck with it and glad I have.

I orignally sent 7 CCA requests. When I realised that I'd be away on holiday at the end of 12+2 I decided to also send each of them SAR's. Although additional cost I figured it would give me a better idea of where I stand.

Anyway, I've come back today and have a few questions after opening my post:

1. Only 2 of the 7 have given any reply. Should I now immediately sent the 12+2 letters to the other 5? Can someone please post a template copy. I have seen templates, but am confused about what to put in since most people have decided that some parts are not now necessary (relating to 12+2+30).

2. I sent the SAR's 19/3. Can someone tell me when the 40 days are up - bit of a numpty, but I make it 28/4 am I right?

3. Of the 2 that replied one is Barclaycard who are the only one to have replied to the SAR request (although the 40 days are not up it doesn't look like they plan to send anything more). They have not sent me a copy of anything that has my signature on it. They have sent me screen prints of phone records - the earliest dated entry is 2005. The only other thing they have sent is 3 long computer paper printouts - cardholder/account details; memo details; transaction details.

Is the correct response to this also a 12+2 letter or something more specific.

4. 2 of the accounts have issued defaults - Capital One and Mint Can I still send the 12+2 letters. Capital One did respond to the CCA request within the 12+2 timescale, but posting their reply on this thread, people who replied believed it didn't meet the required criteria.

A bit long winded - sorry - but can someone please answer these questions. I want to take the right action as quickly as possible.

Thanks, Dolphin.

blind-as-a-bat_2

There should have been a copy of your SIGNED agreemant in the SAR, if they have not sent one then they have not complied with your SAR, dont confuse that with the CCA request they are two seperate things, ruled by two seperate pieces of legaslation;)

Send all that have not responded the 12+2 letter, but any that have sent what they claim is a document that contains all the terms in the agreemant you WOULD have signed will just give you the run around under the CCA act

Failing to supply an exact copy under an SAR is a differant matter altogether, they can worm out of that too, but thats for a whole differant reason