Cca Requests Updates Please

louiser123

hi everyone,
after going through the first cca request letter then the 12 + 2 days letter i have today recieved a letter and a scrappy piece of paper which is supossed to be a statement of goods ordered and payments made. no cca or anything else. and fredrickson say this is the info i asked for and can i now pay.
i am a bit angry as i paid for a copy of the cca which i have not been sent and they wont be able to send one as there isnt one.
which letter do i now send as i have not recieved the cca and therefore they still are in default of the consumer credit act.

thanks in advance
for all your help

RIANNA30

Back in Feb we CCA'd MBNA (VIRGIN) for a CC in OH name. We received no response to any letters and the account was passed over to DCA, I then advised them the account was in dispute and we received a letter saying account was on hold while they located the agreement.
Nothing more was heard and the mbna debt disappeared from Credit file, today I have checked and there is a default showing under the DCA name, can they do this while the account is in dispute?

aj2703

i don't see how they can espically as they told you the account was on hold until they locate the cca. If you have this in writing i'd get on the phone straight away.

Lexicon

RIANNA30 wrote: »

Back in Feb we CCA'd MBNA (VIRGIN) for a CC in OH name. We received no response to any letters and the account was passed over to DCA, I then advised them the account was in dispute and we received a letter saying account was on hold while they located the agreement.
Nothing more was heard and the mbna debt disappeared from Credit file, today I have checked and there is a default showing under the DCA name, can they do this while the account is in dispute?

Hi,

They are NOT allowed to transfer the debt and certainly NOT allowed to alter your credit file while the account is in dispute.:mad: Even if they say the account is "On Hold":rolleyes:, as far as your concerned the account is in dispute and they have not fulfilled thier legal obligation in supplying you with the credit agreement. I would send both the DCA and Virgin the 12+2 letter when the time is up. to the DCA I would emphasise that they are in breach of the law by accepting the debt and for altering your credit file while the account is in dispute.

Do not contact by phone as you will have no proof of the conversation and never sign you letters always print.

Hope this helps

Lex

cocker100

RIANNA30 wrote: »

Nothing more was heard and the mbna debt disappeared from Credit file, today I have checked and there is a default showing under the DCA name, can they do this while the account is in dispute?

In a word "no", but most creditors seem to be just ignoring the rules lately!:rolleyes:

Lloyds TSB have done this with me whilst the account is still in dispute and is currently subject to their complaints procedure. They are still hassleing me for payment too through their internal DCA BLS Collections.

My original CCA request was sent on 1st October 2008 and still they have sent me nothing at all! Complete joke!!

Cocker:)

slimone

A year ago I asked 1st Credit for a CCA for my Sky Card. They sent me page one of an application form - that doesnt show I am even accepted for the card and generic terms and conditions printed from the website (8 months after my request!!!!) and are persistant that is the relevant documentation covered.

Needless to say they aren't getting a penny and I just send the same letter again and again requesting the proper CCA and not what they have sent.

Also complained to:
OFT
Trading Standards
Financial Ombudsman

kinjo1

Hi all.

Just recieved a reply from my 1st CCA, my CC has sent 2 copies of a CCA and a breakdown of the account and have stated that:

"I have enclosed with this letter a copy of your executed agreement, a copy of your current terms and conditions and a signed statment of your account"

HOWEVER they have NOT sent me a original signed CCA with my signature or a true copy of it. Instead they attached 2 newly printed copies of a CCA and not my original. Their are 2 copies, 1 in larger print and smaller both with no signatures! one of them even has the wrong postcode!!!

They go onto say:

"The copy of the agreement enclosed with this letter complies with the reqiurements of the Consumer Credit (Cancellation Notices and Copies Documents) Regulations 1983 (the "Regulations"). Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of the agreement coomplying with the reqiurements of the Regulations and the agreement remains enforcable.

By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement you have with us is fully enforcable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirments relating to the provision of copy agreements...."

Am i right in thinking that they have not been able to satisfy my CCA request?

Should i responde to this letter? If so is there a template that anyone knows of? (regarding the information they sent does not qualify as a CCA agreement)

Or should i wait and send the 12+2 letter and ignore their response?

Forgive my ignornace but what is a SAR and is that they way to go forward, if so then a template link would be very much welcome.

Any help is much appreciated

blueforyou

kinjo1 wrote: »

Hi all.

Just recieved a reply from my 1st CCA, my CC has sent 2 copies of a CCA and a breakdown of the account and have stated that:

"I have enclosed with this letter a copy of your executed agreement, a copy of your current terms and conditions and a signed statment of your account"

HOWEVER they have NOT sent me a original signed CCA with my signature or a true copy of it. Instead they attached 2 newly printed copies of a CCA and not my original. Their are 2 copies, 1 in larger print and smaller both with no signatures! one of them even has the wrong postcode!!!

They go onto say:

"The copy of the agreement enclosed with this letter complies with the reqiurements of the Consumer Credit (Cancellation Notices and Copies Documents) Regulations 1983 (the "Regulations"). Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients signature on it. By providing a copy of the agreement coomplying with the reqiurements of the Regulations and the agreement remains enforcable.

By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. As such, the agreement you have with us is fully enforcable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirments relating to the provision of copy agreements...."

Am i right in thinking that they have not been able to satisfy my CCA request?

Should i responde to this letter? If so is there a template that anyone knows of? (regarding the information they sent does not qualify as a CCA agreement)

Or should i wait and send the 12+2 letter and ignore their response?

Forgive my ignornace but what is a SAR and is that they way to go forward, if so then a template link would be very much welcome.

Any help is much appreciated

They don't appear to have satisfied their legal obligation, so send the 12+2 letter (as though you had not received ANY reply - you clearly have not received a legit reply!).

stapeley

slimone wrote: »

A year ago I asked 1st Credit for a CCA for my Sky Card. They sent me page one of an application form - that doesnt show I am even accepted for the card and generic terms and conditions printed from the website (8 months after my request!!!!) and are persistant that is the relevant documentation covered.

Needless to say they aren't getting a penny and I just send the same letter again and again requesting the proper CCA and not what they have sent.

Also complained to:
OFT
Trading Standards
Financial Ombudsman

Be careful the new regs allow for on -line applications so a signed copy of a CCA is not necessary.So if it is post 2006 I would be enforceable.

blueforyou

stapeley wrote: »

Be careful the new regs allow for on -line applications so a signed copy of a CCA is not necessary.So if it is post 2006 I would be enforceable.

Thanks Stapely - I didn't check that before posting, sorry.