Cca Requests Updates Please

stapeley

If you can not service the loan / payments , and they are threatening court etc . Then the fact of them probably not having a true copy of a CCA means they can threaten what ever they like . It is up to you what you do . but your defence in court would be, unenforceable due to no CCA being in place .

stapeley

stapeley wrote: »

If you can not service the loan / payments , and they are threatening court etc . Then the fact of them probably not having a true copy of a CCA means they can threaten what ever they like . It is up to you what you do . but your defence in court would be, unenforceable due to no CCA being in place .

Plus pointout that while in dispute no collection activity should take place or interest added .

aaxsabian

hi there could someone tell me how to upload scans of letters as i have an absoloute shocker from barclaycard in the form of a three page letter telling me that they have provided me with what they need to and what they dont have too. thanks

pebbles88

Hello Peeps

does anyone know of a template letter which i can send to a bank that sent me someone elses details with my SAR??

cocker100

stapeley wrote: »

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 .

Hiya Stapeley,

So what happens when you sign up for a credit card in store and the bank person fills out the application form for you and all you do is sign it at the bottom? Account agreed there and then without signing any extra paperwork?

Thats what happened with my Lloyds TSB card in post 3043. The said application form is posted in the link. Do you think that this is unenforceable and does it comply a with S78 CCA1974 request? (Sorry, I know it is hard to read)

I've stopped paying them since January for their non compliance of the request, but they sent this at the weekend and rekon that they have fully fulfilled all their obligatons and that it is an enforceable agreement!

They've since been hounding me all week for me to start paying up again!

Still really unsure as to my next move About to send off a SAR request for all Lloyds TSB accounts, but what then? Should I call their bluff?

Cocker:)

cocker100

pebbles88 wrote: »

Hello Peeps

does anyone know of a template letter which i can send to a bank that sent me someone elses details with my SAR??

Hiya,

Personally I wouldn't send anything to the bank. I would just report them to the Information Commissioner as that is a very serious breach of the Data Protection Act 1998.

Cocker:)

pebbles88

cocker100 wrote: »

Hiya,

Personally I wouldn't send anything to the bank. I would just report them to the Information Commissioner as that is a very serious breach of the Data Protection Act 1998.

Cocker:)

Hiya,

I have done, its the ICO requesting I also contact the bank to inform them too. I have sent copies to the ICO of the what they have sent me.

Kudox

Hi all I am getting a bit confused about things, all Marbles sent me was a copy of the current T&C's, which has my current credit limit, a different APR to when I took the card out, and a different account number to what it was originally( when it was taken over by Bos from marbles they changed the account number).
It also has my current address on it even though when the account started I lived at a different address.
I take it none of this makes it a true copy, but as I said I'm getting very confused

blueback

My egg agreement has two very big boxes and 3 very big arrows stating PLEASE SIGN and TICK for PPI.

Under the regulation no part of the agreement can have more significance than the other prescribed terms. All I can see as a vulnrable young woman being pestered into taking out a loan to pay off eggs credit card (which incidentally would have been unenforceable) is staring at these large arrows to sign and didnt take any notice of the important bit on the other side of the page. Didnt want PPI anyway, but not given any choice.

louiser123

i have had a sort of result today, marshall ward sent a letter saying they could not locate the original executed agreement and so were unable to provide a copy, however here is a blank one for you!! i dont think so!
i also got letter from fredrickson international who were the dca dealing with it saying they were not persuing the account and thier records and files are now closed.

do i write back o marshall and state that it is insufficient to supply a blank agreement and if they cant find the original(they cant cos there never was one!) they are in default still and i expect any default removing from my file as default cant be registered as there is no agreement to default on?? any advise appreciated