Cca Requests Updates Please

kinjo1

blueforyou wrote: »

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!).

Thanks Bluefor you, so i can ignore this "supposed" CCA and just send 12+2?

sandalwood_2

Hi,
Starting a DMP 1st June and one of my creditors is a Virgin loan (MBNA) that I took out post 2007,do you think it may be worth while to ask for an agreement and if they cannot provide one how would I try and get this written off or cancelled? Is this how it works? sorry to be a bit vauge but I am new to all this
Thanking you all in advance
jaybag

fermi

jaybag wrote: »

Starting a DMP 1st June and one of my creditors is a Virgin loan (MBNA) that I took out post 2007,do you think it may be worth while to ask for an agreement and if they cannot provide one how would I try and get this written off or cancelled?

You can ask, but an agreement from that time cannot be automatically unenforceable.

sandalwood_2

fermi wrote: »

You can ask, but an agreement from that time cannot be automatically unenforceable.

So what would that mean? (sorry for the questions,this is new to me)

stapeley

The regs were changed in 2006/7 to allow for online applications therefore a signature was not required . Before that basically, if they do not have a SIGNED copy of a consumer credit agreement which contains the prescribed terms , it is very difficult for them to enforce the agreement in law .

sandalwood_2

stapeley wrote: »

The regs were changed in 2006/7 to allow for online applications therefore a signature was not required . Before that basically, if they do not have a SIGNED copy of a consumer credit agreement which contains the prescribed terms , it is very difficult for them to enforce the agreement in law .

So do you think that it may be worth a try to ask for it and see what they say?
How would I go about this? just write a letter stating that I would like to see a copy? and if they havent got it,what happens then?

blueforyou

kinjo1 wrote: »

Thanks Bluefor you, so i can ignore this "supposed" CCA and just send 12+2?

Yes, BUT check when the alleged agreement was signed. If it was taken up on-line 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 it would be enforceable.

If not then send the 12+2 anyway.

MS_Dolphin

Hi,

I've just been served my first default letter - by M&S Money.

The only response I've had having sent CCA request on 5 March and SAR on 20 March was one letter saying they will not respond to my request without a signature.

I don't want the default but what do I do now?

blind-as-a-bat_2

MS_Dolphin wrote: »

Hi,

I've just been served my first default letter - by M&S Money.

The only response I've had having sent CCA request on 5 March and SAR on 20 March was one letter saying they will not respond to my request without a signature.

I don't want the default but what do I do now?

The questions are, is it a correct default notice, or just a letter claiming to be a default, do you have a scanner?

Then there is the question have they registered a default at all with the CRA? dont take it as read they have

If they have, as they are in default of a CCA request i assume, they should not be inforceing anything regarding the agreemant, that includes issueing a default notice(if it is one)

As for the sig, they are entitled to ask for an SAR, but not an CCA BUT its a bit late in the day to worry about verifying your identity isnt it

MS_Dolphin

blind-as-a-bat wrote: »

The questions are, is it a correct default notice, or just a letter claiming to be a default, do you have a scanner?

Then there is the question have they registered a default at all with the CRA? dont take it as read they have

If they have, as they are in default of a CCA request i assume, they should not be inforceing anything regarding the agreemant, that includes issueing a default notice(if it is one)

As for the sig, they are entitled to ask for an SAR, but not an CCA BUT its a bit late in the day to worry about verifying your identity isnt it

I've called them and they say its actually a threat of a default - although it doesn't read that way. They do so still say they aren't going to act on the CCA request without a signature, so the question is still the same, what do I do when they do issue a default?

Thanks