Cca Requests Updates Please

Funkygibbon

I've had my CCA back from Cabot that was after the 12 days limit, they are now threating me with Warrant of Execution, Charging Order, Attachment of Earnings Order, Order to Obtain Information. The agreement was signed back in 1999 is there anything I can do to hold them off or get it removed?

pebbles88

hiya all,

had a cca back from the H. well received 2 print outs that are identical, apart from one is in my maiden name, one in my married....

the one in my maiden name has original overdue/missed payments charges of £25 on, the married one has £12..... this has been the only comp to send one in each name... neither of them are signed...nor dated nor anything.... they are literally just a print out that could have been done yesterday for all i know.....

also one is 6 pages long, the other 8???? im very perplexed

any ideas anyone??

stapeley

MS_Dolphin wrote: »

I'm not an expert, so please take this as a query rather than anything else, but aren't there other requirements as well as the requirement to state it is a credit agreement and to contain a signature?

If it doesn't also contain the 'prescribed terms' then isn't this also grounds for dispute?

What I am saying is that some DJ,s are not fully up on the CC ACT
, so you would have to be pretty good with a defence . A creditor could take it to court and ask for it to be enforced . In many cases companies are taking cases to the wire , with only a application or copy of a unsigned agreement form . This is in the hope of the consumer giving in !

moneymouth77

What stapeley is saying is correct, as is Dolphin, but it's still worth thinking about the cost of the enterprise. If you're contesting, and ANYTHING goes wrong, and you have to pay the court fees, it probably hasn't been worth your while. I've found it makes great financial sense to just sever ties with a company that's conning you, cancel all direct debits, change bank accts, etc. They never find you again!

MS_Dolphin

stapeley wrote: »

What I am saying is that some DJ,s are not fully up on the CC ACT
, so you would have to be pretty good with a defence . A creditor could take it to court and ask for it to enforced . In many cases companies are taking cases to the wire , with only a application or copy of a unsigned agreement form . This is in the hope of the consumer giving in !

One of the things I've realised since starting this is that it is not an exact science and you have to be prepared for a variety of different outcomes.

I think this is only going to get harder, particularly with a whole industry springing up out of this issue - much the same as reclaiming bank charges.

I now know the relative strength of each of my cases, but what I don't know the final response from the cc companies. I do know how far I'm prepared to go with my cases and if necessary I will go to court. I do agree with you though and each individual should think seriously about taking this route whatever the strength of the case.

It is also worth noting the inconsistent application of the Act by DJ's as you mention, but the answer is to be thoroughly prepared and know your rights if you do go to court.

costapkt

stapeley wrote: »

If it clearly states at top of first page that is a CONSUMER CREDIT AGREEMENT , and at the end it has your signature . Would not want to question it in court . sorry !

It's the other bits in the middle that are important.

costapkt

Funkygibbon wrote: »

I've had my CCA back from Cabot that was after the 12 days limit, they are now threating me with Warrant of Execution, Charging Order, Attachment of Earnings Order, Order to Obtain Information. The agreement was signed back in 1999 is there anything I can do to hold them off or get it removed?

They have as long as it takes to produce a CCA. The twelve day limit only means that you can call the Account In Dispute and withold payments, if it is not produced in that time span. But if they eventually produce a CCA, then they can ask you to start payments again. The only thing to do then is to check that it is enforcable.

Funkygibbon

costapkt wrote: »

The only thing to do then is to check that it is enforcable.

How can I check that it's enforceable or not?

kinjo1

Hi guys,

Im still being chased for payments by Halifax and Barclays even though they could not produce a enforcable CCA.

Halifax seems to think they have fulfilled their obligations and say they will not correspond regarding this matter further. so i sent them a 12+2. Still getting bills from them with interest and late payments added.

Barclays sent a load of rubbish claiming to be a valid CCA again, Still getting bills from them with interest and late payments added.

What should i do?

Is there anything you should do if what they have sent back is un-enforcable? and to get them to stop billing/adding charges to your accounts?

blueforyou

kinjo1 wrote: »

Hi guys,

Im still being chased for payments by Halifax and Barclays even though they could not produce a enforcable CCA.

Halifax seems to think they have fulfilled their obligations and say they will not correspond regarding this matter further. so i sent them a 12+2. Still getting bills from them with interest and late payments added.

Barclays sent a load of rubbish claiming to be a valid CCA again, Still getting bills from them with interest and late payments added.

What should i do?

Is there anything you should do if what they have sent back is un-enforcable? and to get them to stop billing/adding charges to your accounts?

If a CCA is not produced within the 12+2 timescale, then the account becomes in dispute. Whilst the account is in dispute, no further charges or interest are allowed to be added. This is in the legislation. If the CCA is subsequently found, then I am not sure of what can be applied - can anyone else help here?

Of course, until such time as the account is out of dispute, it can only be enforced through a Court. Advice on here suggests that witholding payment whilst an account is in dispute is perfectly reasonable, if not a required, thing to do.

I too would welcome confirmation of this, although I have done the above with a lot of accounts with no issues at all.