Cca Requests Updates Please

mbamber1

IMPORTANT QUESTION REGARDING REQUEST FOR CCA's AND SUBSEQUEST COURT SUMMONS

Scenario: In a DMP with DCA's and creditors to pay a token amount each month. Has been in place without problems for years.

Problem: If I request CCA's I might find that I receive a court summons to try and recover the debt????

Could someone clarify this point as it seems that this is a big risk for anybody thinking of trying.

There also seem to be a few people who have received these summons but all of the details are not clear.

Don't want to rock the boat just to go and shoot myself in the foot!

RedRobbo

Can some please help!!!!

I have received from MBNA a copy of my CCA after my request, I would like to know what I do know, can i contest if this is the real thing, or will i have to start paying again?

This is what the CCA say's

1 Key Financial information

1a We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know.

1b By the payment due date shown on your statement each month, you must pay whichever is the least of:

-2.25% of the balance shown on the statement( but you must pay at least £5); or
-the charges for payment protection cover, plus interest charged on the statement, handling fees and default charges, plus £5; or
the balance on the statement if this is less than £5.

1c Your annual percentage Rate is 15.9% APR(variable).

2 Other financial information

2a If, for example, you immediately borrow £1,500 and pay it back in 12 equal monthly instalments, your total charge for credit under this agreement would be £123.71, not including the £1500.

2b The interest we will charge on transactions, including for introductory promotions, will be as set out below, note that we will not increase any promotional rate during the promotional period, unless you do not keep to the terms and conditions. If you do not keep to the terms and conditions, we may totally withdraw any promotional rates which apply to your account and apply the standard rates shown below.

-card purchases: In the first nine months from the account opening date, we will charge interest at the rate of 15.9% pa ( a year). After that , we will charge a standard rate of 15.9% p.a ( a year).

-balance transfers: In the first nine months from the account opening date, we will charge interest at the rate of 0% p.a( a year(. After that , we will charge a standard rate of 15.9%p.a (a year)

Cheque transactions: In the first nine months from the account opening date, we will charge interest at the rate of 0% p.a (a year). After that , we will charge a standard rate of 15.9% p.a (a year)

Cash transactions: IN the first nine months from the account opening date, we will charge interest at the rate of 20.9% p.a ( a year). After that, we will charge a standard rate of 20.9% p.a (a year)

2c We will charge a handling fee for all balance transfers, cheque transactions and cash transactions. All handling fees will be 2% of the amount of each transaction. For cheque transactions and balance transfers the handling fee will be at least $3 and no more than £50. for cash transactions the handling fee will be at least £2 and there will be no maximum handling fee. We will charge an annual fee of £0.

2d We will charge interest on handling fees, and on interest you already owe, at the rate which appliers to the relevant transaction. We will not charge interest on the card purchases shown on your statement if you pay off the whole balance shown on that statement, and on the statement before, by the date the payment is due. However, we will always charge interest on the any annual fee, service charges and default charges at the rate which applies to card purchases. Except as stated in relations to card purchases in this paragraph, we will charge interest on all transactions, handling fees, service charges, default charges and interest starting on the transaction date and ending on the date you pay the bill in full. we work out interest each day, so the earlier you make a payment, the less interest you will have to pay.

2e We will add transactions to your account after the payment system under which we have issued your card lets us know about them, we will add interest to your account on each statement date. We will add the handling fees, any annual fee, service charges and default charges immediately.

2f we will will use your payments to pay items at lower rates of interest on your statement before items at higher rates of interest. Also, we will use your payments to pay items showing on your statement before items not yet showing on your statement.

2g In working out the APR we have not taken account of any change in interest rate or handling fees or any annual fee. We may change any of our interest rates and handling fees and change how we charge interest, as long as we give you 14 days’ notice. We may reduce the interest rate on any item for a period.

3 Key informations

3a If you break this agreement, you must pay the following default charges.

-£25 each time your payment has not reached your account within one day of the date your payment is due.

-£25 each time a cheque, direct debit , a credit-chard cheque or other item for payment is unpaid.

-£25 each time the account balance goes over your credit limit( after taking into account any items not yet shown on any statement).

-Any other losses and costs we suffer as a result of you breaking this agreement.

We Will add these directly to your account. We may change the amount of these default charges if we give you notice.

3b Details of other service charges are set out in section 4

Missing Payments

Missing payments could have severe consequences and make obtaining credit more difficult.

Important - Read this carefully to find out about your rights

The consumer credit act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without a court order.

The act also gives you a number of rights:

You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement.

If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue the supplier, us, or both.

If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

If you would like to know more about your rights under the Act, contact either your local trading standards department or your nearest Citizens’ Advice Bureau.

theft, Loss or misuse of credit card.

If your credit card is lost stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to us. f it is misused with your permission you will probably be liable for all losses. You will not be liable to us for losses which take place after you have told us about the theft, etc.

Your right to cancel

Once you have signed this agreement, you will have a short time in which you can cancel it. we will send you exact details of how and when you ca do this.

This is a credit agreement regulated by the consumer credit act 1974. sign if only if you want to be legally bound y its terms.

Acceptance of terms and conditions:

Please tick this box:

I confirm that the tick in this box is valid means of establishing the authenticity ad integrity of my signature to this credit agreement. I understand that MBNA will hold the acceptance data on their files.

Date of signature: 24/3/06

above are section 1-3 of your terms and conditions. The rest of your terms and conditions(i.e. sections 4-16 including definitions) can be viewed by clicking the Terms and conditions link at the top of this page

Executed by hugh Chater (director) on behalf of MBNA
Date of signature: 24/3/2006

cocker100

Evening all,

I received another letter from 1st Credit regarding ongoing cca request and SAR request. Here's part of it:

We have supplied a copy of the agreement to you, and as previously advised we are obliged to provide you with a copy of the agreement, not a "true copy" as you believe. Although you do not recognise it as enforceable, we are confident that it is and in any event we may apply to the Court for a declaration to that effect and subsequently apply for an order for enforcement.

We have also supplied you with the statements for the account to show you how the balance is made up. These would also be submitted at Court in support of our claim.

We not not agree that we have defaulted on your Subject Access Request. We supplied you with all information that we held on in a relevant filing system promptly and sourced the additional information from the original creditor. This was passed to you directly upon receipt.

Any comments on the above?????????????????????????

Firstly, the CCA they sent was an edited application form with parts of the financial sections of the form blanked out, and not even the 1983 regs allow this. So they are still in default of this request? Correct?

Secondly, they haven't sent a true copy of the original agreement as is a requirement of the SAR request, yet they rekon that the edited application form covers this. So they are wrong on this? Correct?

Thirdly, the CCA is an application form in the proposed form, so wont stand up in court. Correct?

They have also offered a full and final settlement of 75% on a debt of just under £8000.

All charges/ppi reclaim still to be started on this account also.

I've thretened to stop all payments to them and they have said they will start recovery proceedings if I do. I'm tempted to do this just to get a judgement on the account either way, but have I got enough ammo on them to win?

Any thoughts?

Cocker:)

blind-as-a-bat_2

mbamber1 wrote: »

IMPORTANT QUESTION REGARDING REQUEST FOR CCA's AND SUBSEQUEST COURT SUMMONS

Scenario: In a DMP with DCA's and creditors to pay a token amount each month. Has been in place without problems for years.

Problem: If I request CCA's I might find that I receive a court summons to try and recover the debt????

Could someone clarify this point as it seems that this is a big risk for anybody thinking of trying.

There also seem to be a few people who have received these summons but all of the details are not clear.

Don't want to rock the boat just to go and shoot myself in the foot!

The only DCA i know that may issue a claim when asked for a CCA is CL finance
They are also well known to fold just before court.

I will let you read into that what you will;)

blind-as-a-bat_2

cocker100 wrote: »

Evening all,

I received another letter from 1st Credit regarding ongoing cca request and SAR request. Here's part of it:

We have supplied a copy of the agreement to you, and as previously advised we are obliged to provide you with a copy of the agreement, not a "true copy" as you believe. Although you do not recognise it as enforceable, we are confident that it is and in any event we may apply to the Court for a declaration to that effect and subsequently apply for an order for enforcement.

We have also supplied you with the statements for the account to show you how the balance is made up. These would also be submitted at Court in support of our claim.

We not not agree that we have defaulted on your Subject Access Request. We supplied you with all information that we held on in a relevant filing system promptly and sourced the additional information from the original creditor. This was passed to you directly upon receipt.

Any comments on the above?????????????????????????

Firstly, the CCA they sent was an edited application form with parts of the financial sections of the form blanked out, and not even the 1983 regs allow this. So they are still in default of this request? Correct?

Secondly, they haven't sent a true copy of the original agreement as is a requirement of the SAR request, yet they rekon that the edited application form covers this. So they are wrong on this? Correct?

Thirdly, the CCA is an application form in the proposed form, so wont stand up in court. Correct?

They have also offered a full and final settlement of 75% on a debt of just under £8000.

All charges/ppi reclaim still to be started on this account also.

I've thretened to stop all payments to them and they have said they will start recovery proceedings if I do. I'm tempted to do this just to get a judgement on the account either way, but have I got enough ammo on them to win?

Any thoughts?

Cocker:)

the correct reponce to an SAR is an exact copy of the agreemant, the CCA act ant the regs they rely on to get round supplying a true copy do not apply.

But a DCA does not need to hold the origanel, so they may get round it that way.

Did you SAR the OC too?

cocker100

blind-as-a-bat wrote: »

the correct reponce to an SAR is an exact copy of the agreemant, the CCA act ant the regs they rely on to get round supplying a true copy do not apply.

But a DCA does not need to hold the origanel, so they may get round it that way.

Did you SAR the OC too?

Hiya BAAB,

Thanks for replying. I only SAR'd 1st Credit, not Goldfish. They did send me the last 3 years worth of statements with the majority of the charges applied to the account listed on these, so I thought it a waste of a tenner to SAR Goldfish too, as they would be sending mainly duplicate items. I already have enough information to send off a charges reclaim.

I thought that as 1st Credit were the ones chasing the debt, they were obliged to provide the original agreement through the SAR?

Do you think it would be worthwhile to SAR Goldfish too?

Cocker:)

c7sdus

http://forums.moneysavingexpert.com/showthread.html?t=1680757

I have a thread here about my SAR request to Capital One, was advised by ICO that t Capital One dont have to send an original signed copy of my credit agreement under the terms of the Data Protection Act !!!

cocker100

c7sdus wrote: »

http://forums.moneysavingexpert.com/showthread.html?t=1680757

I have a thread here about my SAR request to Capital One, was advised by ICO that t Capital One dont have to send an original signed copy of my credit agreement under the terms of the Data Protection Act !!!

Hiya,

Thanks for that link.

I'm confused now though as I though a creditor had to supply a true copy of the credit agreement with a SAR request. Thats the whole point of spending an extra tenner on a SAR rather than the quid for a normal CCA request, so as to get the proper document.

Off to do some more research................................

Cocker:)

c7sdus

I CCA'd them & they signed for today so hopefully here something back in next couple of weeks, wont hold my breath tho

dvs

We sent off for a CCA with MBNA on 21st February and have today only just received what they are calling a true original and current CCA. However, it is just a copy of the text of current CCA. It makes no reference to the account holder and all the charges and interest rates are current rates (i.e. £12 charges instead of what they would've been several years ago).

In a letter sent a few weeks back, MBNA said that they do not deem the account to be in dispute when clear it is because they've taken just this long just to respond with (what isn't) the original CCA. I had previously sent the original request plus the follow up request.

What do I do now? We are getting several calls everyday on home, mobile and work phones. I have spoken to them several times but they are very persistent! They are adding interest and charges which has taken the account over the limit (incurring more charges). What information is legally required for a SAR? (MBNA have said they need documents as well as a signed letter).