Cca Requests Updates Please

fermi

cocker100 wrote: »

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?

There was someone on CAG who took that up pro-actively against Barclaycard and won in court, so it can be used without the creditor starting action it seems.

Appears to be something that you would be prepared to take to court yourself to force compliance, so not for the faint hearted if it needs to go to the end.

I've only skimmed the threads on it, so I would recommend a search and a good read yourself.

EDIT: And as Bat has indicated, you can expect Lloyds to be evasive to the very end.:rolleyes::rolleyes::rolleyes:

cocker100

blind-as-a-bat wrote: »

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

Hiya BARB,

BLS offered me a 50% reduction too! This was before they sent any sort of CCA back.

It took them 8 month to send me what they did:

http://s647.photobucket.com/albums/uu192/cocker100/lloyds


I was fed up of them not responding to any of my letters, so I wrote to the manager at my former branch and let rip. I told her that I would be sending my next complaint to their head office if she failed to help.

Guess what?

They sent the above alleged agreement within a week!

Cocker:)

MS_Dolphin

Just had a typical stroppy call with Mint :mad:.

Rude and abrupt and totally disinterested with anything I had to say - I've started treating it as a bit of a game, but it does get to me, although now it just makes me more determined to keep going.

He totally ignored my request to stop calling me. He said even if they don't meet Section 78 requests, they can still chase payments and instruct defaults. He said that claims that debt can be wiped off are untrue and the best he'd heard recently was of a couple of interest charges being repaid an interesting point of view.

A quick question - I've sent CCA request and 12+2 letters. Is there a further letter to send when they reply but I believe the agreement is unenforceable?

Thanks,

D

blind-as-a-bat_2

MS_Dolphin wrote: »

Just had a typical stroppy call with Mint :mad:.

Rude and abrupt and totally disinterested with anything I had to say - I've started treating it as a bit of a game, but it does get to me, although now it just makes me more determined to keep going.

He totally ignored my request to stop calling me. He said even if they don't meet Section 78 requests, they can still chase payments and instruct defaults. He said that claims that debt can be wiped off are untrue and the best he'd heard recently was of a couple of interest charges being repaid an interesting point of view.

A quick question - I've sent CCA request and 12+2 letters. Is there a further letter to send when they reply but I believe the agreement is unenforceable?

Thanks,

D

To be honest once you have got to that point there is no point sending any more letters, the only benefit is to show to the court you are the reasonable party if it gets that far, but to be honest it does not always make any differance.

I got to the point where i just ignored the ones who supplied nothing, or a clearly unenforceable agreemant, 3 of them have gone quiet now, maybe even given up, 1 tried there luck in court but lost, so that leaves two, Ltsb, who may have a good enough agreemant to win in court,but not good enough to do anything without a court order allowing them persue it, the other is a littlewoods account, now assigned to cabot, which is unenforceable.

Its a long haul im afraid, and they will keep popping back up, but its all hot air for the most part.

My advice though would be to stop talking to them on the phone, it is pointless, just refuse to answer the securety checks, make it clear you will never answer them, they do give in eventually, but it can get worse before they do.

Changeing your number is the best way, as it forces them to write, but i think you said you couldnt for some reason, if i remember correctly.

MS_Dolphin

Thanks Bat,

A really useful reply - as always.

Can I ask what was the result in court - what did you class as a win - was it ruled unenforeable - and how long did the 'long haul' take?

I did say I didn't want to change my number, because everyone knows it and I'd feel like I'd given in to them if I changed it. I must admit though I'm starting to think about it.

D

Broken_hearted

Now is the stressful time where they hope you give up by making you feel small and stupid. Embarressed to say M&S have me in tears at times, ruined the bank holiday weekend with their nasty attitude.

blind-as-a-bat_2

MS_Dolphin wrote: »

Thanks Bat,

A really useful reply - as always.

Can I ask what was the result in court - what did you class as a win - was it ruled unenforeable - and how long did the 'long haul' take?

I did say I didn't want to change my number, because everyone knows it and I'd feel like I'd given in to them if I changed it. I must admit though I'm starting to think about it.

D

Actually no, they had a perfectly good agreemant, better than the TSB's, if they could have produced the origanal, i would have been stuffed.

As it was the judge was happy to accept the bad photo copy, but i never got to challenge that as the claiment did not turn up, and filed there evidence late, so the case was struck out under civil procedure rules, nothing to do with the CCA.

Im still not sure if the judge was trying to help us, or desparatly wished to rule aginst us, but he did take the oppertunaty to give me a crash course incivil procedure rules, which CAN be as usefull as the CCA act if it gets to court and the claimant still believes the rules dont apply to them.

But it is a bit of a lottery on the judge on the day, some stick to CPR and the CCA to the letter, some totaly ignore both, true that would give grounds for apeal, but i think the bad ones assume a litigant person would just give up at that point, so dont care.

PS, all mine started in feb 08, the CCA,s where sent april/may 08, so ive been at it over a year, and not got anywhere with litlewoods and LTSB

blind-as-a-bat_2

Broken_hearted wrote: »

Now is the stressful time where they hope you give up by making you feel small and stupid. Embarressed to say M&S have me in tears at times, ruined the bank holiday weekend with their nasty attitude.

BH, i have been there so know how you feel, it does make life a lot easier if you change your number, if it is getting too you that much, and it puts you back in control, it really does make a lot of differance

Just remember the person on the other end of the phone wont have ever read the CCA, nor th OFT guidlines most likely, they are just repeating what they have been told is correct, which in M&S's case it is not, so whats the point of even discussing it with them any further?

The answer as i sad to MS D is dont bother, it is a pointless waste of time, even if you ever did win an argument, and got them to admit they where wrong, they would only deny the call ever took place;)

stapeley

Nearly 90,000 veiwings now ! Do I get a card and a M&S voucher at 100,000?

rog2

stapeley wrote: »

Nearly 90,000 veiwings now ! Do I get a card and a M&S voucher at 100,000?

No, stapeley - but if you're very good you might get the proverbial

'Pat on the Back'

Well you would if you worked for ASDA - like me. :rotfl: :rotfl:

Just make sure you keep the thread going - it's helped a lot of people. :T :T