Cca Requests Updates Please

joeandy

my credit card was with barclaycard passed to mercers then calders.
sent cca letter to barclaycard and letters to the other 2 telliing them not to contact me further till they can produce what i asked for(barclaycard sent terms and conditions) done sar request also
is there anything else i need to do now
thanx jo

louiser123

hi just another question cos i am getting very confused!! dont take much.

if the cca you request does not have to have your signiture on it, how can you then fight anything? they could simply send a credit agreement out with everything on execpt my signiture but they could do that to everyone !!

so lets say they send me a credit agreement with my name printed on and address ect, but it has my signiture missing that could be done by all credit providers to anyone.

like im not an mbna customer never have been but theycould say i owed them and produce an agreement with everything but my signature on,

im waffling i know but how can they prove you owe a debt if they cant provide a signed agreement?? and how can an unsigned agreement be valid? how can you get them to provide a signed agreement?

aj2703

It has been said that some companies (not by me though), have actually forged a persons signature onto an agreement. I never signed my letters and the dca never questioned it. If you do get a letter back asking for a signature, DON'T sign it. Come back here and we'll point you in the direction of a template letter that covers it.

Infact scroll down to post number 10 on this page.

http://forums.moneysavingexpert.com/showthread.html?t=963087

louiser123

thanks aj,

i know not to sign any letters i have printed mine out on pc and not signed.
but what i mean is i cant understand how they can simply send an agreement which relates to them unsigned by the consumer? i have been told they have to send a true copy of fully executed agreement, but have been told it does not have to have my signiture on. how can it be a true copy of my credit agreement which has been fully executed if it does not bear my signiture and is just simply an agreement ? any lender could send out agreements to a street full of people but if they havnt signed it surely it cant be classed as valid?

sorry i am finding it hard to explain what i mean!

aj2703

I understand what your trying to say:D. To be honest i don't fully understand that bit either. I am pretty sure though that if it ever went to court, at that point they would have to produce the origional signed version.

blueback

Egg sent me back my CCA and on first inspection it looked OK apart from miselling the PPI. However, on looking more closely the main agreement does not contain an interest rate only an APR (the PPI contains an int' rate though??? in 'other information'). Also it does not matter what interest calculator I use, I cannot get the numbers to add up.

somebody take a look for me please? Sorry, wont let me post link!

stapeley

blueback wrote: »

Egg sent me back my CCA and on first inspection it looked OK apart from miselling the PPI. However, on looking more closely the main agreement does not contain an interest rate only an APR (the PPI contains an int' rate though??? in 'other information'). Also it does not matter what interest calculator I use, I cannot get the numbers to add up.

somebody take a look for me please? Sorry, wont let me post link!

If everything else looks OK and it has a signature , I would not want to question its enforceability in front of a Judge . I think you need for there to be only a application form or better still no signed agreement .

blueforyou

aaxsabian wrote: »

also got mbna who just wont do a thing, no replys no nothing, iv'e cca'd all my creditors and sent account in dispute letters but not got a thing back so i'm just going to sit back and relax untill they come flooding in

Hi, I've just had a similar company to MBNA deny they have received any of my letters, so if (and I hope you did) send them recorded delivery, get the proof of delivery and call them for an address. I did this and the monkey on the end of the line confirmed the address these letters had been sent to. I ended up having to fax them all the stuff.

Is this a new ploy by these b*******s to delay/confuse the polite requests for information we are entitled to? I would not put it past them.

dvs

blueforyou wrote: »

Hi, I've just had a similar company to MBNA deny they have received any of my letters, so if (and I hope you did) send them recorded delivery, get the proof of delivery and call them for an address. I did this and the monkey on the end of the line confirmed the address these letters had been sent to. I ended up having to fax them all the stuff.

Is this a new ploy by these b*******s to delay/confuse the polite requests for information we are entitled to? I would not put it past them.

MBNA said this to me but six weeks later, they responded (not with the CCA mind!)

MS_Dolphin

Before I start - quick disclaimer. I'm not recommending anyone or any course of action, so no names etc, just updating where I am in the process.

I've sent CCA requests relating to 7 different credit cards. To date I've had 6 replies and M&S adamantly refusing to send anything unless they get a signed request.

I've come on here and had thoughts and views as to what has been sent to me. Despite the excellent and valued replies I've still been unsure as to where I stand, so I've passed all responses to a solicitor.

It cost me £30 per account but I wanted some peace of mind. The replies have been interesting. He's not commented on M&S because he has nothing to comment on. MY VIEW - they haven't replied so they are in dispute.

Barclaycard - they've sent the kitchen sink and everything but any form of agreement. He hasn't commented on this, because again, no agreement to comment on. MY VIEW, no agreement, so in dispute.

I'm still waiting on one reply, but for the other 4 he has said either, "unenforceable", or, "unenforceable without leave of the court."

This has given me some confidence and belief in my cases and for me the money has been well spent.

Before people start thinking I'm going to sugggest they all speak to my solicitor, my views on this area come in two parts. The preceding part is the good bit. For me I think this is well worth doing if you are not confident enough to go totally on your own. Now for the bad bit:

To take the case forward though, I've worked out that the fees he wants will come to about 32% of what is outstanding on the cards. There are benefits to letting him handle it - the weight of a legal professional taking the case; taking the hassle out of my hands and more likely to keep a good credit file - but at these charges, I can get a similar result by just defaulting and eventually negotiating for full and finals with all the creditors.

So for me, my view is the first part was worth doing for the peace of mind and a sense check that I do have a case. From now on though, I'll be handling things for myself - with of course as much help as I can get from these boards.

This post is getting long, but I'll post separately some of the specific comments I've received regarding the CCA's that have come back. These are from a solicitor working on CCA agreements, so maybe they will give some pointers as to what to look for in other people's agreements.

Dolphin.