Cca Requests Updates Please

rog2

mary_mungo_+_midge wrote: »

A lady rang me to review my payment plan last week and when I mentioned that the account was in default and that I had sent numerous letters recorded delivery stating this fact, she calmly told me that Barclaycard don't act on letters!!! However she did acknowledge that no CCA had been sent and was happy with my suggestion of what I should pay each month, interest remains frozen, no charges etc. Really don't know what to do now lol, if they freely admit to simply filing the letters and not actually taking any notice of them x

That, unfortunately, is typical of the attitude of certain creditors - Barclaycard (and their in-house dobermans called Mercers) especially. M&S Finance also appears to slot into that category.
However, what they might say, indeed do, and what they should legally do are two completely different things. If it came to a Court case, and you were able to prove that you had sent the letters, then the Court would require a pretty good reason, from Barclaycard, as to why they had not acted on your letters.
At the moment, they are lucky that you are, in fact, paying them anything at all.
I think it's time that you had a word with Trading Standards, quoting that lady's statement.

rog2

Kudox wrote: »

All Marbles sent me was a copy of current Terms and Conditions saying they were unable to supply historic T&C's /agreement.
It had my current credit limit, current APR and a different account number(Bank of Scotland changed the number when they took over from HFC)
I sent the 12+2 letter , then they replied saying they were of the opinion that they had fufilled there obligations and the account was enforcable.
can anyone shed any light on this please?

What they have sent you is not the true copy of the original executed agreement that they were legally obliged to send you, therefore they are, indeed, in default and, whilst they remain in default, they can not enforce the agreement.

cocker100

Quick question:

If a creditor sends you a proposed application form and historic t's with c's on the back with a copy of the current t's and c's seperately, and the historic t's and c's are unreadable in parts with no reference to the front page, does this fail to comply with a CCA request?

Again, Lloyds TSB are saying that they have fully complied with my request and that no further communication will take place regarding this matter. They are requesting payment in full of the account or else!

Cheers,

Cocker:)

rog2

stapeley wrote: »

Now received a letter from CQ threatening to take court action and get a Attachment to earnings order . Well , as I am self employed and only earning around £ 4000 a year. Shall I offer 50p a week ? That is if they come up with a signed CCA !

Let them take you to Court, Stapeley. You have a defence and, if they are unable to show a true and compliant copy of the original cca to the court, then the court should judge that the agreement is unenforceable.
Even if CQ can, magically, provide the correct documentation to the court, then the court will decide on how much you have to pay - not CQ - and, based on your stated income, this is unlikely to be anything approacing what CQ would like.

rog2

cocker100 wrote: »

Quick question:

If a creditor sends you a proposed application form and historic t's with c's on the back with a copy of the current t's and c's seperately, and the historic t's and c's are unreadable in parts with no reference to the front page, does this fail to comply with a CCA request?

Quick answer, Cocker - Yes.

The true copy of the executed consumer credit agreement that they send you must be legible.
The fact that they ave sent you a copy of the current t&cs is irrelevant.

cocker100

rog2 wrote: »

Quick answer, Cocker - Yes.

The true copy of the executed consumer credit agreement that they send you must be legible.
The fact that they ave sent you a copy of the current t&cs is irrelevant.

Thanks rog2,

I thought as much, but just wanted to be sure.

I did say to them that I would restart repayment talks if they did fully comply with my request, but it looks like that they haven't got anything else to send me so.......................

I think this may end up in court. (If they want to risk it getting that far!)

Cocker:)

fermi

rog2 wrote: »

Quick answer, Cocker - Yes.

The true copy of the executed consumer credit agreement that they send you must be legible.
The fact that they ave sent you a copy of the current t&cs is irrelevant.

Unfortunately with Lloyds you are unlikely to get them to admit that. :rolleyes:

Cocker: May be worth trying to force disclosure via a Subject Access Request or a CPR Part 31.16 request.

Depends whether you want to be proactive or not.

blind-as-a-bat_2

fermi wrote: »

Unfortunately with Lloyds you are unlikely to get them to admit that. :rolleyes:

Cocker: May be worth trying to force disclosure via a Subject Access Request or a CPR Part 31.16 request.

Depends whether you want to be proactive or not.

there unlikely to acknowledge any further corispondence full stop, let alone admit anything:rolleyes::p

But i forgot to mention after a seven page letter to the director of collections, ending in an invitation to make my OH BR, they passed the account to themselves under the guise of BLS, who started with a threat, followed by an offer of settlement of 50% of the outstanding ballence, less intrest and charges of around £800 from the begining of last year.

Now that sounds good doesnt it, but i guess they are trying to appear as being reasonable if it goes to court.

The flaw in there plan there is the fact it was made clear we did not have the funds to make any payment, and no assets, hence the invitation to petition for BR, so makes there offer a bit pointless doesnt it?

I never did get a full and proper responce to my complaint, they still have not supplied a complete and legable CCA, and that offer makes it clear they took no notice of the contents of any of the letters i send

fermi

Hehe.

As soon as Lloyds was mentioned, I wondered if you were about Bat.

cocker100

fermi wrote: »

Unfortunately with Lloyds you are unlikely to get them to admit that. :rolleyes:

Cocker: May be worth trying to force disclosure via a Subject Access Request or a CPR Part 31.16 request.

Depends whether you want to be proactive or not.

Thanks for that Fermi!

I'm in the process of sending them a SAR request. Just getting all the details together as i've had 4 accounts with them over the years, so i'll do the lot in one go!

Just waiting until payday so i've got sufficient funds!:rolleyes:

I've read about the CPR part 31.16 on the CAG website. Is that part of the court process or can you issue one at any time?

Cocker:)