Cca Requests Updates Please

rog2

misty_blue wrote: »

well today i have now received from grattans a notice of default, any ideas what i can do now,it states that i need to send full payment by 25/05/08 surely after receiving letter saying the are not pursuing this debt that this has to be wrong

This can not be right - talk to National Debtline - 0808 808 4000 or CCCS - 0800 138 1111

I think they may direct you to the ICO, but they will certainly give you professional advice.

reallylost

Hi
just wanted to join in with this, if thats ok.
sent my cca requests yesterday to 6 DCAs

wescot
link financial
Thames credit
Hamptons
Lewis debt cervices
Callserve

will update as as the letters arrive.....or not

stapeley

rog2 wrote: »

This can not be right - talk to National Debtline - 0808 808 4000 or CCCS - 0800 138 1111

I think they may direct you to the ICO, but they will certainly give you professional advice.

Send off copies of both letters to them , but I suspect that they are defaulting the account so it shows on credit file .Even thought they can not enforece the debt in the courts, the debt is still there . I still say its a good result for you .

stapeley

:j It seems that since I started my THREAD, LETS ALL REQUEST OUR CCA , many people have requested their CCA,s and found its not been provided, and had accounts closed .:j

Ames

There's a bit of karma going around too, since I sent off my cca requests, one that I couldn't because it was an overdraft has had the account closed! Unfortunately one of my cca requests came back with one, but it was my smallest debt and it shouldn't be too long before I can offer an f&f. The loan is conspicuous by it's silence though...

Broken_hearted

What happens if the banks go to court on this issue?

fermi

Broken_hearted wrote: »

What happens if the banks go to court on this issue?

The onus is on you to defend any claim given the law under the CCA.

Most judges/courts are not as clued up on this area as they should be, so you do need to make a bit of effort regarding any defence.

Where there is a clear breech of the requirements under the CCA74 or an agreement that is unenforceable, then in theory enforcement through the courts is not legally possible. But in practice it is up to you to make the effort to defend.

I've seen quite a few statement on this and other forums that say that a court "cannot" or "will not" make a judgement where the CCA says it should not happen. This is NOT true! It is up to you to defend any such action.

misty_blue_2

stapeley wrote: »

Send off copies of both letters to them , but I suspect that they are defaulting the account so it shows on credit file .Even thought they can not enforece the debt in the courts, the debt is still there . I still say its a good result for you .

yes i agree stapely, sent letter off today to them, also received a statement off them today saying they want full payment by 15th may, got this after i sent letter to them though, will see what happens.

hbslc

Sorry I haven't been around much. My update:

MBNA: CCA request not sent yet. Tonight/Tomorrow maybe...
EGG: Original CCA returned & i've reached an agreement to pay monthly
Capital One: Nothing returned and its well past 30 days, another dca pursuing me illegally. What now?

Smile OD: Again nothing at all. No CCA from my Aug 07 request. Another DCA pursued me in Jan 08. But again no news from them or Smile. What now?

Black Horse (car loan): mmm. Close Assistance actively pursuing me for charges. Are these illegal?

momo1975

Right guys and gals, sorry i have been a bit quite, been busy with work and all that....anyways updates:


Not a sausage from wescot and the time limits have passed. (12+2+30) i have also written to the trading standards offices of both wescot and 1st credit with official complaints

however 1st credit sent me a snotty letter and also enclosed an application form saying it was a CCA.
They said:
the refuse to pay any moneies paid back
they are refusing to remove my default
they are not prepared to offer me compensation
they are fully entitles to process my data
they are fully entitled to update the crddit bureau with info

they are also asking for a fresh propsal to settle the debt within 7 days otherwise they are goig to pass to thier solicitors.

(p.s letter was pen signed by RA Kingdon)

Althought it is signed by me and it was recived by me after the 12+2+30 days can they enforce it (that is if it is a CCA)

they didn't even sent the letter recorded delivery so now proof they sent me diddly squat!

I want to upload a picture i have scanned of it but i dont know how......

thanks momo