Cca Requests Updates Please

Orion63

Hi all, I'm new to these forums but wondered if we can counter some of the unscrupulous activity undertaken by these so called professional agencies. I've taken some sample statements from 1st Credt's own web-site:

"1st Credit also ensures the relationship with our account holders is respectful, supportive and constructive. We aim to negotiate and resolve with professionalism and integrity.

1st Credit consistently achieves industry-leading collection rates, due to its policy of constructive negotiations with account holders, taking into account individuals' personal situations to achieve the optimum results.

Tact, persistence and an understanding of people's circumstances are essential to working with account holders to establish a sensible debt repayment plan."

Just wondered if this was false advertising - I offered to negotiate a monthly payment plan with them, only to be told that they don't do monthly payment plans - this was followed up by a letter asking me to make an offer - and this was followed up by an arrogant kid telling me to borrow money from friends and family. None of this seems to agree with what they have stated on their web-site.

stapeley

Have you sent in a CCA and notice of assignment request

stapeley

stapeley wrote: »

Just received another letter from DCA . I had pointed out that I considered the application form they sent me as not complying to the required format of the CC ACT.
They replied " This copy is legally sufficient and we are not obligated to send the original format . blar blar blar , are satisfied the documentations provided is a agreement under C C ACT 1974. On the application form it states ,"This is a credit agreement regulated by the C C ACT 1974. Sign it only if you want to be legally bound by its terms ".
I also pointed out the statements they sent were incomplete,
" we were unaware at this time that they were incomplete .We received your letter dated

---

,blar blar .On receipt of your letter we contacted

---

and advised them that we needed your complete statement of account. These will be forwarded to you in due course .
I confirm your account will remain on hold till the relevant documentation is received in our office ."

I consider this as good and bad news ; The APPLICATION FORM may be judged as an enforceable agreement by a court. But as the DCA are trying to gain the missing statement from the OC they purchased the account from . They realise without it they can not pursue the account any further . Why would a OC not pass on the complete statements when they first sold the account . Under my right to request statements going back six years , for refunds of unfair charges , all statements should be keep and available. It may well be worth other people remembering this when in dispute with a DCA over a C/C account .

fermi

stapeley wrote: »

The APPLICATION FORM may be judged as an enforceable agreement by a court.

I personally wouldn't take their word for it.

If I remember correctly, you don't have access to a scanner?

Does a friend/neighbour have one you can use? Or a digital camera? That way you could post it here or elsewhere for comments.

kel123_2

Stapeley

I have had 3 application forms sent that also double up as credit agreements but all 3 have not been properly executed - in theory making them only enforceable by a court of law

1.
contained my signature, their signature but no interest rate although there is an APR. Remember one ruling says that not all of the prescribed terms need to be there but what is there needs to be correct. So I checked the APR using Dualcalc (crown software and used by OFT) and it was wrong tthey reported it as 13.9% and it is actually 14.7% making it outside tolerances by 0.6% (they are allowed +0.1%)

2.
Again no interest rate but a generic APR in the terms and conditions which in their blurb say basically for reference only not accurate. and they have not signed it - Their blurb says by this signature and by sending you a card this represents your Credit agreement

3.
As 2 but no account number

The last correspondance says that they are being ivestigated?


In 2004 changes were made to allow for online applications were signatures are not in hesance required and therefore only a basic cca needs to be sent out upon request for these. In 2006 changes were made to include all agreements.

If the accounts were started pre 2006 (april 07) and not online applications after 2004 then they are duty bound to supply a copy of the true credit agreement

stapeley

I also requested that they send me the AGREEMENT in the same format as it was presented to me . This I know they can not do , because the terms and conditions are in a separate sheet. But if you read some of the ACT it states it should be a attached part of the same form . If you look at a Application /Agreement FORM today all prescribed terms and conditions are contained in the same document .
I believe if I was taken to court ,and I disputed the CCA , the claimant would need to produce the Original for inspection by the Judge .
Please someone correct me if I am wrong .

illgetthere

i received a lloyds application and agreement back today after a cca request. It has my signature and my name, address, date of birth. On the second sheet which represents the 'back' of this form i have the generic card conditions with general/standard information. This was set up in 2002. Would you say this is a true agreement?

kel123_2

Stapeley

It would be judged by the judges bias, you like me have read other threads on other forums. It's not, although I would agree it should be, not a black or white issue. As I have said before following what I have read it appears to be what area you live in, some area's are bias towards the DCA some bias towards us and I supose others cover the middle ground. Remember if it is not properly executed then it is only enforceable by a court, if they cannot produce one then it cannot be enforced by a court.

illgetthere

Assumption is it is a credit card - does it contain all the prescribed critria and have Lloyds signed it? see above. 2 and 3 of my post above is lloyds and my argument is because they haven't signed the application form then according to their blurb it is not a credit agreement - so if they take me I will use their blurb to contest it. It's then upto the judge?

illgetthere

your point 2 is the same as me.
yes its a cc application with 5 sections;
1)choice of card
2)personal details
3)application for additional card
4)optional features (payment protect)
5)your declaration and authorisation (my signature and date)

It feels a bit of an 'amateurist' form if that makes sense (IMO)

kel123_2

Check out my thread 'claiming back and cca diary' to see the letters I sent. This is how i've gone about it, it seems there is no right or wrong way so it's your choice?