Cca Requests Updates Please

stapeley

mm2000 wrote: »

Only one so far. Amex being collected by RMA Resolve. On the whole, most of the creditors have been good about it. A couple have tried welching on the agreements we had. I complained with no satisfaction, reported them to FOS and got compensation out of the creditors.

Can you explain what the complaint to FOS was for and why you got compensation ? cheers

mm2000

One creditor would only agree to a reduced payment plan if I agreed to make payments that were 1% of the balance at that time. This I did and continued to do so for several years with no further contact from them other than the monthly statements. Then they tried to claim that the agreement was over and I should either reapply with increased payments or settle the debt in full. I argued that under the terms of the Bankers Code of Practice they are liable to mention any future actions they may take which could affect the agreement. As they had failed to mention that the agreement would not run for the duration until the debt was repaid they were in breach of the Code of Practice. The ombudsman upheld my complaint.
The other instance was another creditor to whom I had offered a full and final settlement. Which they accepted, I asked for a formal letter which would fully release me from the debt etc. but they ignored my letters til as such time IO started getting letters from their solicitor stating they would not nor could be forced to honour the letter they had sent. I tried to get the FOS to get them to honour their initial acceptance letter but they could not but they got me compensation for the creditor sending out incorrect information and causing me an inconvenience.

stapeley

Well done, I have told DCA that my legal adviser , has so far not charged me for his advice. I am now going to write warning them that failure to respond to my request for a CCA , may result in court action for a refurn of monies paid to them and may include a claim for costs and damages ! I,m looking for some nice bright red paper to print it on !

suz7

I received a letter from Moorcroft today. It says they are contacting Cahoot for a copy of the CCA and they have placed my account on hold.

Then it says 'In the meantime however we believe that it may be of assistance to all parties if we also take this opportunity to ensure any potential areas of dispute are addressed prior to any possible court action or further investigation. Please could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account. Please could you provide this information by return. We believe this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs kept to a minimum level.'

I'm sure I've read on here somewhere that I can just ignore this 'simple' request. If I hadn't been on here I think this letter would have scared me by mentioning courts and statutory authorities which, I think, is what they are trying to do.

I wanted to ask about the change in CCA law (have I got that right?) in 2006 to allow for online applications - because 2 out of my 3 CCA requests are from Cahoot which were done online by, at the latest, 2004. I just wanted someone to confirm that before 2006 you still had to sign a CCA for an online application, or am I just making this up as I go along :rotfl:

Thanks, Sue

stapeley

I applied for a c/c online but still had to fill in application form ,that was 2004. One DCA have sent letter warning of court action , not bothered, cos they STILL not provided a CCA.

Alisonbel

Sorry can aybody give me a link to the letter I need to send to request CCA, I found it yesterday but can't find it today.Thanks in advance.

jimbo26

http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

Section 6. Last letter in the drop down menu.

jimbo26

I have sent my request off last week. It was signed for on Friday. Debt is seven years old.

stapeley

One of the accounts has been passed to another DCA . Got letter this morring says pay this or else! YES RIGHT I ,LL DO THAT THAN!
So last DCA contacted OC for a CCA , now OC have passed account to another DCA! I am sure if the CCA was available it would have gone to xcourt by now ! So will be sending new DCA another CCA request !

kel123_2

Stapeley

Try saying something like:

This acc is is dispute in line with cc act blah blah.

And quote paragraphs pertaining to:

Can not chase
interest cannot be added
etc
etc

As well as reasking for the original cca

Unsure how you stand with regards to the £1 fee, technically you've already paid it?