Cca Requests Updates Please

Kentmumof1

thanks rog2 for that reply, I will try and get the letters out next week, I can't get to a computer with a printer until then but thanks for your help.

rog2

Kudox wrote: »

Hi all,After sendind a CCA request I have had a letter from Marbles(bank of Scotland), saying they are "unable to provide historic terms and conditions/agreement", all they've included is a copy of the current T&C's with my current credit limit on it.
Also they say they are not obliged to provide "all three items" I have asked for.
Am I right in thinking this means they are now not supposed to pass the debt on, because they have been threatening to do so recently.
What do I do now, if anything, they have started to play nasty recently adding charges and interest etc even though I've been paying them on my DMP since October.
Just wondered if I could maybe use the fact they have'nt got the CCA as a way to force them to stop the interest etc.

What they have sent you does not constitute a true copy of the original consumer credit account. They are, therefore, in default and should not pass the account to a dca whilst they are in default.

However, since they seem to have chosen, judging from their reply, to ignore completely their legal obligations, I would imagine that they will have no hesitation in passing the account on to a dca. If, or rather when, you receive any communication from a dca, then send that dca the 'In Default' letter that you will find on post 8 of the following thread:

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

rog2

RedRobbo wrote: »

Hi,

I am also looking for a template to send out a 2nd letter request my CCA, does anyone have one?

Can anyone let me know also about a CCA that I have received from MBNA, for an only application in 3/2006. the pages do not relate to each other in so far as numbering. further more there are only 3 section, Key Financial information, Other Financial information and Key Information, Does this sound correct?

regards
Charles

Hi Charles - Please clarify what you mean by a '2nd letter request'. If you have already sent out a cca request and have not yet received a reply, then all you need to send is the 12+2 day letter - post 6 of http://forums.moneysavingexpert.com/showthread.html?t=963087

The information that you have received from MBNA certainly does not appear to constitute a true copy of the original execute cca.

rog2

Lexicon wrote: »

Thanks Rog2,

is there a template letter I can reply with

Cheers

Hi Lex - If you have, already, sent a cca request, and the Statutory £1.00 fee, to these 'solicitors' then, providing 12 working ays have elapsed since they received the request, and totally irrespective of what they are saying regarding contacting original creditor, sen them the standard 12+2 ay letter that you will find on post 6 of http://forums.moneysavingexpert.com/showthread.html?t=963087

Kudox

rog2 wrote: »

What they have sent you does not constitute a true copy of the original consumer credit account. They are, therefore, in default and should not pass the account to a dca whilst they are in default.

However, since they seem to have chosen, judging from their reply, to ignore completely their legal obligations, I would imagine that they will have no hesitation in passing the account on to a dca. If, or rather when, you receive any communication from a dca, then send that dca the 'In Default' letter that you will find on post 8 of the following thread:

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

Thanks rog2. Would you think it worth me writing to request they drop the interest etc in view of the fact they can't produce the cca and they are technically in default? they have wrote today to say they are going to default me, (even though I thought they already had!)

rog2

Kudox wrote: »

Thanks rog2. Would you think it worth me writing to request they drop the interest etc in view of the fact they can't produce the cca and they are technically in default? they have wrote today to say they are going to default me, (even though I thought they already had!)

Whilst the creditor/ca is 'in default' he is not legally allowed to:

• Add interest to the account.
• Take any action against the debtor.
• List any 'defaults', or other adverse comments, with Credit Reference Agencies'.
• Pass the 'account', or your personal details, to a, or another, debt collection agency.

This is all included in the 12+2 day letter, so no need to elaborate.

However, if they do enter any default, or pass the account on to a dca, you should:

• send a copy of the 'In Default' letter (post 8 of http://forums.moneysavingexpert.com/showthread.html?t=963087 ) to the dca who contacts you.
• Report them (Marbles), immediately, to Trading Standards and the Financial Ombudsman.

magoogy

its been over a year since i did the cca request with studio and got the final letter saying the account would not be persued - now they have come back again like a bad penny asking for payment - do i reply to them or just ignore them? i have kept all communication from the very beginning and most of this account owed was made up of late payments/interest and other charges....

Kudox

rog2 wrote: »

Whilst the creditor/ca is 'in default' he is not legally allowed to:

• Add interest to the account.
• Take any action against the debtor.
• List any 'defaults', or other adverse comments, with Credit Reference Agencies'.
• Pass the 'account', or your personal details, to a, or another, debt collection agency.

This is all included in the 12+2 day letter, so no need to elaborate.


However, if they do enter any default, or pass the account on to a dca, you should:

• send a copy of the 'In Default' letter (post 8 of http://forums.moneysavingexpert.com/showthread.html?t=963087 ) to the dca who contacts you.
• Report them (Marbles), immediately, to Trading Standards and the Financial Ombudsman.

Thanks again.
I haven't actually sent the 12+2 letter yet as they replied to my first request in the original timescale.
Should I send that now, even though I've already had that reply, since the 12+2 letter makes the point about the interest?

rog2

magoogy wrote: »

its been over a year since i did the cca request with studio and got the final letter saying the account would not be persued - now they have come back again like a bad penny asking for payment - do i reply to them or just ignore them? i have kept all communication from the very beginning and most of this account owed was made up of late payments/interest and other charges....

They certainly are persistent, magoogy, you have to give them that. :rotfl: :rotfl:

I think that you would best be advised to send them a copy of the letter which says that the account will no longer be pursued. Send a covering letter stating that all future communication will be considered as harassment and reported to the relevant authorities.

magoogy

thanks rog2 - ill type the letters up and post first thing...