Cca Requests Updates Please

MS_Dolphin

Lovella wrote: »

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!

Hi,

I'm not an expert, so hopefully someone can confirm what I say:

If they cannot find the CCA - or a true copy - then they are in default. If you have sent the CCA request and the 12+2 letter, at this point they "should not" add any interest or charges or chase you for further payment until a valid agreement had been found.

This does put you in a position either to not pay at all, or to offer F+F settlement if you prefer to go this route. In reality, most DCA's will ignore what they should do and keep doing all the above. It's a long game and you'll need to stick with it. What any individual DCA will or will not accept will depend on your individual case.

Good luck with it all.

Lovella

Thank you MS Dolphin, I wonder if anyone has been sucessful with offering cheeky F&F after going down this route then...? :rolleyes:

ladyday

Can anyone here advise me if the following seems enforceable please ?

After a SAR request to MBNA credit card they have replied with lots of paperwork which includes a signed 'credit card priority request form' from 2005 which is also headed with 'credit agreement regulated by the consumer credit act 1974'. On the reverse of this form they have also printed what seems to be the reverse of the request form which states in tiny print the credit agreement regulations including the APR and how much should be paid, it does not state the credit limit as that wouldn't be known until the card had been issued.

They also sent a copy of their letter 'we're happy to enclose your new chip and pin credit card' which states at the top the credit limit. This letter also has a lower section for the 'credit agreement regulated by the consumer credit act 1974 terms and conditions'. This section states the APR and how much to pay but it is not signed at all. The only part that is signed is the 'priority request form' (basically just an application form) which didn't have the credit limit on it.

Many thanks for any advice.

RedRobbo

morning all,

It has now over 60 day's since I first wrote to my DCA requesting my CCA, and have not heard a peep, I have also sent a second letter informing the DCA that they are in breach and still have not heard a thing.

What do I do now, send one final letter(can someone direct me to the a template), report them, forget about it?

thanks in advance

Bazza66

RedRobbo wrote: »

morning all,

It has now over 60 day's since I first wrote to my DCA requesting my CCA, and have not heard a peep, I have also sent a second letter informing the DCA that they are in breach and still have not heard a thing.

What do I do now, send one final letter(can someone direct me to the a template), report them, forget about it?

thanks in advance

RedRobbo,

If you have sent the original CCA request and then subsequently the 12+2 days follow up letter and have heard nothing then thats what you should do.... nothing.

It doesn't mean they may try to contact you in months to come but cross that bridge when you get to it. Sit back and relax! Have a Beer! :beer:

westmids_3

hi all.. i would welcome some advice on this matter... i sent off for 4 cca's on the 4th june... i have received a reply from eos.collections saying the account has been closed and passed back to grattan.. and have received a reply from studio just containing there credit aggreement and terms and conditions.. my account number has been filled in for me so i can sign it and post it back to them... and advice welcome

Bazza66

westmids wrote: »

hi all.. i would welcome some advice on this matter... i sent off for 4 cca's on the 4th june... i have received a reply from eos.collections saying the account has been closed and passed back to grattan.. and have received a reply from studio just containing there credit aggreement and terms and conditions.. my account number has been filled in for me so i can sign it and post it back to them... and advice welcome

Westmids,

eoc.collections are the ones in default and should not pass the debt back - I would still send them the 12+2 days (at the right time) since they will be in default. You have asked them for a CCA - they cannot get out of it by passing the debt on - they are legally obligated to respond to your request for a CCA.

Re Studio - DO NOT SIGN ANYTHING!!! Could you supply more info on that? It looks like they are trying to retrospectively get the CCA completed.

RedRobbo

Bazza66 wrote: »

RedRobbo,

If you have sent the original CCA request and then subsequently the 12+2 days follow up letter and have heard nothing then thats what you should do.... nothing.

It doesn't mean they may try to contact you in months to come but cross that bridge when you get to it. Sit back and relax! Have a Beer! :beer:

thanks for that I will have a beer

I just have MBNA left to battle with, which is fun, I have sent a couple of correspondence in reply to there phone calls, and everything has gone quite now, so we shall see.

westmids_3

hi there... so with eos do i give them 14 working days from the 4th june ? before i send them another letter.. as for studio i received their credit agreement .my name ,address and account number had been filled in for me ..but there is no signature belonging to me.. and was sent with a cover letter stating all there terms and conditions and the interest charged etc.

Bazza66

westmids wrote: »

hi there... so with eos do i give them 14 working days from the 4th june ? before i send them another letter.. as for studio i received their credit agreement .my name ,address and account number had been filled in for me ..but there is no signature belonging to me.. and was sent with a cover letter stating all there terms and conditions and the interest charged etc.

I always send my "signed for" and then apply 12 working days from the date they signed for it. But as a general rule its 12+2 working days from the date you posted - in your case that would make it 24th June assuming you posted it on the 4th.

As for Studio - What else is on the Credit Agreement? It must contain prescribed terms such as Credit Limit, APR, etc - see here for more help on this matter

http://forums.moneysavingexpert.com/showpost.html?p=22345609&postcount=470