Cca Requests Updates Please

Lexicon

Hi all,

I have a quick question.
I have my original agreement dating back to 1998 but DCA is saying that their client B-Gas doesnt do CA's. They are still in default and the letters have gone out. Any idea what to do next or do I wait for them to say they havnt got an agreement.

Cheers

10past6

Lexicon wrote: »

but DCA is saying that their client B-Gas doesnt do CA's

Utility bills do NOT come under a CCA.

rog2

Lexicon wrote: »

Hi all,

I have a quick question.
I have my original agreement dating back to 1998 but DCA is saying that their client B-Gas doesnt do CA's. They are still in default and the letters have gone out. Any idea what to do next or do I wait for them to say they havnt got an agreement.

Cheers

What was the original agreement for, Lexicon?
Was it for the purchase of something - in which case it will require a cca - or was it for the supply of Gas or Electricity - in which case it will, possibly, be the subject of a consumer service agreement, which does not come under the scope of the Consumer Credit Act.

Lexicon

It was for the insallation of a central heating system.
The paperwork does state its a credit agreement.
But if they dont have one what happens..

rog2

Lexicon wrote: »

It was for the insallation of a central heating system.
The paperwork does state its a credit agreement.
But if they dont have one what happens..

Then it is, indeed, covered under the terms of the Consumer Credit Act, and the dca is 'in default' if he can not supply a compliant copy of the original executed agreement.

As far as BG 'not doing credit agreements' that is only true in the case of the supply of Gas, or other form of power and this would be covered by a consumer service agreement.

Companies who offer both 'credit' and 'service', such as mobile phone providers, are usually very particular about separating the two types of agreement.

Sounds like the dca is talking 'twaddle'.

10past6

Ah, so it is covered by a CCA, if you've requested a copy & the DCA/Creditor cannot provide it, it's tuff on them, your under no legal obligation to pay until they do provide the required and ENFORCEABLE agreement.

Lexicon

rog2 wrote: »

Then it is, indeed, covered under the terms of the Consumer Credit Act, and the dca is 'in default' if he can not supply a compliant copy of the original executed agreement.

As far as BG 'not doing credit agreements' that is only true in the case of the supply of Gas, or other form of power and this would be covered by a consumer service agreement.

Companies who offer both 'credit' and 'service', such as mobile phone providers, are usually very particular about separating the two types of agreement.

Sounds like the dca is talking 'twaddle'.

I agree about it being twaddle:rolleyes:.

I had a conversation on the phone the other day with their solicitors.
I emphasised the fact that they were already in default and that we would not have been able to afford £3,500 cash. So there must have been an agreement. They said that they would get back to me with the information I have requested.

By the sounds of it B-Gas hasnt got the original CA.:j

Thoughts please

MS_Dolphin

Interesting one today - I've just had my daily sparring match with MBNA, but today, they just asked me my name and told me who was calling and then launched into the detail.

I asked them why they were doing this without going through security? The answer was that they have just started doing this today because changes to the DPA allows this as long as they ask if they are speaking to the right person and say who is calling?

Anyone shed any light or is this the usual MBNA rubbish?

c7sdus

Received a reply to my SAR request from MBNA today :-

''I refer to your recent correspondence regarding your request to provide you with personal data and other info held by MBNA.

To comply with this request, I enclose the following data:

A copy of the executed agreement together with current terms & conditions

Account transaction history

A copy of the signed credit card application form & agreement is not available due to archive retrieval issues.. Should we hold any correspondence for the account, in accordance with section 7 of the Data Protection Act, this will be forwarded within the 40 day time period.''

The copy of the executed agreement is a new one as it only shows charges as £12 and there is no signature box on the agreement.

I was wondering if anyone else has had a similar reply from MBNA and also where do I stand ?

rog2

MS_Dolphin wrote: »

I asked them why they were doing this without going through security? The answer was that they have just started doing this today because changes to the DPA allows this as long as they ask if they are speaking to the right person and say who is calling?

Anyone shed any light or is this the usual MBNA rubbish?

I would say that it is, indeed, the 'usual MBNA rubish.