Cca Requests Updates Please

cheekymonkey20

My Original letter to them

Re: Account No:

With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand that a copy of my credit agreement should be supplied within 12 working days.

I also understand that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

What i recieved back

Second letter to them

30th April 2009
Dear Sir / Madam
Account Ref No
Re: My request under s77/78 of the Consumer Credit Act 1974.

My request for a copy of my properly executed Consumer Credit Agreement remains outstanding.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter 16th March 2009. Upon receipt of the original request the specified account legally entered into a disputed status.

My request remains outstanding as I have not received the requested original signed CCA agreement!

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until 30th April 2009 to provide me with the true copy I requested. After that date you enter into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 30th March 2009 and subsequently committed a criminal offence on 30 April 2009.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, although I will not be required to make any further payments to you until you provide me with the signed document I have requested, as a good will gesture I will continue to make the minimum payments, showing that at least I can hold up my end of the contract. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

What i recieved back

Unsure what to do now! Any ideas???

blueforyou

ladyday wrote: »

As well as starting my own DMP I'm helping a relative sort their finances out. She sent a SAR request to MBNA with the £10 payment as a cheque from my account so they didn't have her signature. The 40 day limit is up next week and she hasn't heard anything from them and the cheque hasn't cleared through the bank. The request was sent by recorded delivery so she can prove they received the SAR request on 24th April.

So I was wondering, was it a mistake to send payment by cheque, do the 40 days only start when they have cashed it or is it counted from when they received it ? What happens after the 40 days if she hasn't heard anything ?

Thanks for any help.

Hello Ladyday,

I have had issues recently with MBNA denying they had received ANY letters from me at all. I also see over at the CAG forum this is being discussed. When they appeared to ignore me, I called them and despite them blaming Royal Mail (! - I had proof of delivery!) I insisted they do something. I was given a fax number and a name to send copies to and today they accepted I had applied properly for a CCA. I must stress, their responses were polite, but nonetheless watch out, don't let them deny receipt.

Good luck.

Eupho

Blimey Cheeky Monkey.. phewwy!..

I don't get why it says they don't have to supply you with a signature box.. signature or date. ... I'm not giving advice.. I'm a newbie at all of this.

But if they don't have to supply you with those things.. what proof is there?.. and whats the point? .. I dont gettt itttt.. :wall:

I thought they HAD to provide that. :undecided

speirsro

Cheekymonkey - I'm bumping this in the hope someone can help you out - you put a lot of time in to that post..

Keep us updated on this thread so we know how you get on.
Hopefully someone with the knowledge (Rog/Fermi etc) will be along soon...
Good luck!

10past6

cheekymonkey20 wrote: »

Unsure what to do now! Any ideas???

Firstly, you need to delete all your information within the original post, i.e. reference numbers / your name / any amount stated within the documents, these items can be used to identify you.

When did you open this account?

MS_Dolphin

I've now made 7 CCA requests and had 6 replies - M&S still refuse to budge without a signature.

In all 6 cases I believe I've a case. 5 have been checked by solicitors and I've been told they are all lacking the required elements to some degree.
Barclaycard have sent me half a forest worth of paper but not a hint of an agreement.

I've sent 12+2 letters to all and told them on the phone that they are in default but none of them are taking a blind bit of notice. Still adding interest and charges; threatening defaults and calling literally 20 times a day.

So what do I do next? It's ok saying I've a case, but if they are ignoring it, increasing my debt and ruining my credit rating its not really doing me any good.

emmaBZ

hi i sent cca to BLS for a loan from about 10 yrs ago i took out with lloyds.... i sent the letter with £1 postal order and requestd copy of loan agreement...today was the deadline and i got a letter from lloyds...saying they cant provide documents requested as they dont manage that account....im confused as i sent the letter to BLS which i know is part of lloyds collection centre....and i AM currently paying BLS £54 monthly for the loan...so how come LLOYDS have WRITTEN BACK TO ME saying that they cant provide agreement as they dont manage that account ?????....the letter was from LLOYDS not BLS ... AND I DONT KNOW WHAT TO DO NEXT :cool::cool::cool:

cheekymonkey20

10past6 wrote: »

Firstly, you need to delete all your information within the original post, i.e. reference numbers / your name / any amount stated within the documents, these items can be used to identify you.

When did you open this account?

I opened the account January 2007

stapeley

Seems that companies are sending copies of Application forms in response to CCA requests. Its the same with my case , Clap quest have only sent a application , after 14 months of letters back and forth , now threatening legal action . Well I say" bring it on !!! ". For others in same situation remember it is for them to comply with your request . The correct

procedure when

issuing loans or credit cards is , process an application form , approve or disapprove . A Consumer Credit Agreement form should be sent out and returned SIGNED by applicant . Loan or credit card sent .
All paperwork should then be kept save in case of a dispute for reference . Without retention of this signed form there is NO proof of details of an account conditions etc . That is why the CC ACT says no CC AGREEMENT no enforceable debt .

Kudox

HI
I sent CCA request to Marbles in april, and they replied saying they were unable to provide historic terms and conditions/agreement, but also stated they were not obliged to provide all items I requested. All they sent was a copy of the current T&C's
Following advice from here I sent the "in default" letter.
They have now replied saying they are confident the documentation sent was fully compliant with section 78, and that a copy can omit a signature box, signature or date of signature.
They go on that the purpose of S78 is to allow debtors access to there T&C's and by providing the debtor with a true copy of the T&C's they have complied with s78.
They finish by saying in their opinion the agreements are entirely enforcable.
I'm aware of all that stuff about signatures but as I said all they sent me was a copy of the current T&C's not those in place when I got the account.
What if anything should I do now, bearing in mind they are adding huge amounts of charges and interest each month, even though I believe the account is in default.
Thanks for any advice.