Cca Requests Updates Please

Broken_hearted

Well M&S are now defaulting us (!!!!!!)
we must pay them or they will do all sorts of nasty things to us. In fact they will do everything they can apart from send a CCA.
:mad::mad::mad::mad::mad:

Eupho

(this is in reply to only receiving 2 sheets of T&Cs when I requested my CCA from a creditor)
They did reply within the 12+2day thing.

---

Dear Sir / Madam ,

Re Account number: *************


Regarding my Consumer Credit agreement request:

Thank you for sending me the two photocopy sheets of the Terms & Conditions of my account when I opened it with you. I understand from your letter, that you will also be sending me a statement and the updated terms and conditions as they stand on the account at this time. Thank you for this.

In the original CCA request letter I wrote you, I requested a true copy of my original signed agreement. Which I still do not appear to have been sent. Can you please send this to me as soon as possible. As I find the two pieces of paper with the terms and conditions illegible and I am unable to read them well if at all.

From what I can see there is nothing to substantiate that it is a 'true copy' of the agreement I would have signed, as there are no dates or any other indication of when it was published or anything relating to me on the two pieces of paper sent to me.

A true copy is supposed to bear my account number and the address of the debtor and creditor, as required by the Consumer Credit (Agreements) Regulations 1983

As you are aware, I have already paid you the £1 fee for this.

I look forward to hearing from you as soon as possible.

---

Should I? _pale_

kinjo1

blueforyou wrote: »

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.

Both have produced what they claim to be a "valid CCA" they are not, under this asumtion they are persuing payments.

cocker100

kinjo1 wrote: »

Both have produced what they claim to be a "valid CCA" they are not, under this asumtion they are persuing payments.

Hiya,

I am having a similar problem with LTSB, although they are no longer adding interest or charges to the account, but did default it whilst in dispute!!!:mad: I have not been paying them since January as my CCA request was sent in October 08 and was only received last month!!!

They too have said that they have fully complied with my request and believe that the agreement to totally enforceable. They even rekon it contains all the "perscribed terms" that make it enforceable when it blatently doesn't and as such will treat it so!:rolleyes:

As has been previously mentioned, any charges/interest etc adding whilst the account is in dispute is not allowed, so i'm sure you would be able to have them removed at a later date if it got to court.

Personally, I am currently responding to their latest letter by asking for them to highlight on the "alleged" agreement (it is merely an application form) all the perscribed terms they believe are present. I am also confirming that no more payments will be made until they fully comply with my reqeust and that if they dont like it then take me to court!!!:eek:

I have thought long and hard over this account, but I feel that it is going nowhere and want a conclusion to it. If that means going to court to sort it out, then so be it. I am confident of winning however as this account also contains a totally mis-sold ppi policy that has yet to be reclaimed and would significantly reduce the alleged balance anyway.

What I am trying to say is that if you strongly believe that the agreement is flawed and unenforceable, call their bluff and tell them to bring it on and take you to court. I know that some people would not like this, but I have found that creditors will not just write the debt off without a fight, so you also must be prepared for a battle.

Good luck with everything,


Cocker:)

pebbles88

sorry to pester but any ideas anyone on where i go from here...

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??

treblex33_2

rog2 wrote: »

Please do not send that letter, Eupho. If 12 working days have passed since their receipt of your cca request then they are 'in default' and you can send the '12+2' day letter that you will find on post 6 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

If the 12 working days have not yet elapsed, then you must wait until they have before sending the 12+2 day letter.

rog- might need to remove the following as I read on the same thread that the law has changed recently.
(b) If the default continues for one month he commits an offence.

or use the letter on the same thread, post 12?
______
treblex

treblex33_2

blueforyou wrote: »

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.

If the CCA is subsequently found, the debt becomes enforceable.

helptheden

Thanks for the info, I have sent the letters after the 12+2 deadline informing them the account is in dispute.. Lloyds and the DCA have not responded to any correspondence in relation to DCA request (all have been sent recoreded delivery).. I sent the letters to the addresses included in the usefull addresses section of the credit report.

I'm not sure what the next step will be...Do i just wait for them to respond? or should i send any further letters to them?

Also, I am about to send another CCA request to a DCA, the letters in relation to the debt specify a PoBOX address, do I just send it to this address?
Thanks for any advice!!

rog2 wrote: »

If Lloyds passed this 'debt' to a dca after they received your sister's cca request then they would, certainly, be in default.
No matter - once the 12+2 days have elapsed, send Lloyd's the '12+2' day letter, informing them that they are now in default. A copy of the letter can be found on post #6 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Then send the DCA a copy of the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' that you will find on post#8 of the same thread.

Incidentally was the DCA called 'Secchiari, Clark and Mitchell'? If so, then these are 'in-house' solicitors/dcas for Lloyds - still naughty though.

blueforyou

treblex33 wrote: »

rog- might need to remove the following as I read on the same thread that the law has changed recently.
(b) If the default continues for one month he commits an offence.

or use the letter on the same thread, post 12?
______
treblex

Correct - it is no longer an offence after 30 days, this line should be removed.

Lovella

I've searched everywhere and can't really find an answer to this, so I apologise in advance if I was not looking hard enough. If I'm on a DMP and all remaining debt has been passed onto DCA's, who cannot produce the original CCA, what happens next? Is it then likely that I would be able to offer a low F&F settlement that they would accept? I'm just confused about what to do with the information once I have it!