Cca Requests Updates Please

fermi

http://www.credittoday.co.uk/news/news-item.cfm?news=1176

OFT to crack down on misleading claims - 04/06/2009

The Office of Fair Trading (OFT) is to issue advice on the obligations creditors have under sections 77 and 78 of the Consumer Credit Act over concerns claims companies are misleading debtors about their rights.

Those being chased for debts are often told that if creditors cannot provide original copies of credit agreements they can avoid paying.
However, Nigel Cates, OFT deputy director for consumer credit, said that the duty on the creditor is to provide a ‘true copy’ – not necessarily a ‘photostat’ including signature.

He added: "If you don’t put together an agreement properly it may not be enforceable – we support that but it doesn’t mean everyone has a right to get out of debts that they owe. If you owe the debt, you owe the debt."

The OFT last month told the debt collection sector that using neighbours to pass messages to trace people breaches the spirit of its guidance as it has the potential to reveal to neighbours that individuals are being pursued. It said businesses that continue to do this face enforcement action and imposed requirements on debt buyer Link Financial for the practice. Link has addressed the OFT's concerns.

Cates said imposing requirements is a deterrent to the whole industry, but they are not designed to be punitive: "When we impose requirements we want that company to continue in business. We just don’t want them to do certain things."

The OFT is now focusing on the problem of data quality, particularly in the sale of utility and telecoms debts.

blind-as-a-bat_2

fermi wrote: »

http://www.credittoday.co.uk/news/news-item.cfm?news=1176

Those being chased for debts are often told that if creditors cannot provide original copies of credit agreements they can avoid paying.
However, Nigel Cates, OFT deputy director for consumer credit, said that the duty on the creditor is to provide a ‘true copy’ – not necessarily a ‘photostat’ including signature.

He added: "If you don’t put together an agreement properly it may not be enforceable – we support that but it doesn’t mean everyone has a right to get out of debts that they owe. If you owe the debt, you owe the debt."

Says it all about the OFT IMO, assuming those are actually his words and CT's version :rolleyes:

fermi

blind-as-a-bat wrote: »

im a bit 50/50 wether an SAR is worth it, but it does give a bit more ammo IF it ends up in court sometimes, depends on if you can afford the tenner too.

You would/should get a full set of statemants, wich may be useful if you know there are a lot of charges you may be able to claim back, but i dont know that much about that bit im afraid

If the creditor is using excuses not to supply a genuine agreement under a s77/78 request, then it's pretty likely they will do the same with a SAR. :rolleyes::rolleyes:

Some people have had success with them, but others have been fobbed off. I suppose it depends on whether you are prepared to go to court if they don't comply.

Eupho

blind-as-a-bat wrote: »

im a bit 50/50 wether an SAR is worth it, but it does give a bit more ammo IF it ends up in court sometimes, depends on if you can afford the tenner too.

You would/should get a full set of statemants, wich may be useful if you know there are a lot of charges you may be able to claim back, but i dont know that much about that bit im afraid

Great!.. thanks for the help :beer:

I'll print off a SAR when I get back I think. (I'm off to be tested to see if I am a match for a mum of 4 needing a Bone Marrow Transplant! :eek: :undecided)

:wave:

Eupho

fermi wrote: »

If the creditor is using excuses not to supply a genuine agreement under a s77/78 request, then it's pretty likely they will do the same with a SAR. :rolleyes::rolleyes:

Some people have had success with them, but others have been fobbed off. I suppose it depends on whether you are prepared to go to court if they don't comply.

oh.. Helloo Fermi :wave:

Does that mean you can take it to court if they dont supply it?
(Im still learning.. sorry)

fermi

blind-as-a-bat wrote: »

Says it all about the OFT IMO, assuming those are actually his words and CT's version :rolleyes:

I'm sure CT quoted it word for word. They don't have any bias, do they. :rolleyes: :rotfl:

Will be interesting to see what this "guidance" actually says.

We already know that an exact photocopy does not need to be provided. That is old news. But perhaps this will give some minimum standards on what should be supplied? Some of the garbage that they often try to pass off as an agreement is amazing. I doubt the guidance will do that, but can hope.........

pebbles88

following on from my post yest about being sent a 3rd party representative i have sent the letter as suggested and also CCA'd them. I figure for a £1 it cant hurt.

still feel sick about monday though. I wont be in but my mum will be. Told her not to answer the door but am worried in case they go and start asking the neighbours etc!

stapeley

OFT confirming what we already know . Not saying its right for people to avoid debt , but the correct paperwork must be made available . I think they are trying to avoid given the green light to millions of CCA REQUESTS .

kinjo1

Hi Guys, i was hoping for some advice:

On 6th of May i sent off 3 CCA's

Barclay's, MBNA and Halifax


Halifax replied within within 14 working days with a non-compliant CCA, telling me they have complied with my request blah, blah so i wrote +2 still havent heard anything.

Barclay's sent a load photocopied crap and TC's, so i wrote a 12+2 still havent heard anything

MBNA on the other hand didnt send ANYTHING or even a reply and sneakely passed the debt onto a DCA. This DCA wrote to me on the 1st of June (After MBNA time was up) stating that they would require a payment to bring the account up to date.


i. Have i done the right thing with Halifax and Barclay's?

ii. With regards to MBNA, they failed to respond to my CCA request and the account was officially in dispute/un-enforcable on the 26th of May but now am getting letters and calls from a DCA from June, what do i do?

iii. Do i write to MBNA and tell them they had no right to pass the account on? (if so is there a template for this) Do i make a complaint? (if so, to who)

iv. Or do i contact the DCA directly? (If so is it another CCA request or to inform them that account is in dispute with MBNA and therefore cannot be pased on?)


I appreciate theres a few questions but i am a newbie and any help given will be so much appreciated!

pebbles88

kinjo1 wrote: »

Hi Guys, i was hoping for some advice:

On 6th of May i sent off 3 CCA's

Barclay's, MBNA and Halifax


Halifax replied within within 14 working days with a non-compliant CCA, telling me they have complied with my request blah, blah so i wrote +2 still havent heard anything.

Barclay's sent a load photocopied crap and TC's, so i wrote a 12+2 still havent heard anything

MBNA on the other hand didnt send ANYTHING or even a reply and sneakely passed the debt onto a DCA. This DCA wrote to me on the 1st of June (After MBNA time was up) stating that they would require a payment to bring the account up to date.


i. Have i done the right thing with Halifax and Barclay's?

Yes, If they havent supplied as you asked, and you're sure they aren't enforceable then you have every right to send the +2 letter

ii. With regards to MBNA, they failed to respond to my CCA request and the account was officially in dispute/un-enforcable on the 26th of May but now am getting letters and calls from a DCA from June, what do i do?

iii. Do i write to MBNA and tell them they had no right to pass the account on? (if so is there a template for this) Do i make a complaint? (if so, to who)

iv. Or do i contact the DCA directly? (If so is it another CCA request or to inform them that account is in dispute with MBNA and therefore cannot be pased on?)


I appreciate theres a few questions but i am a newbie and any help given will be so much appreciated!

there are letters on here to amend as needed and send one to MBNA as they had no right to send the account on with them being in default, and also you need to send one to the DCA, if i remember rightly a CCA to them would be good, as they may even just pass it back to MBNA. Sadly a lot of cc companies seem to be ignoring this lately :mad:

I have looked for the template letters to send to MBNA but am struggling to find it. i will keep looking though

and they're are no stupid questions, we're all here to help each other so dont worry