Cca Requests Updates Please

stapeley

If the form they sent complies with the required format and contains the prescribed terms as set out in the CC ACT , it could be enforceable by a court . It matters not that it was received late , that's a matter that is not dealt with by the courts . So you may now choose to question or dispute that the form sent is a true copy of a enforceable agreement .You need to do some case studies to check out the procedures used to counter any court claim if you think it will go that far . Example can be found on the CAG WEBSITE .

momo1975

thanks stapeley - I'll look into that

stapeley wrote: »

If the form they sent complies with the required format and contains the prescribed terms as set out in the CC ACT , it could be enforceable by a court . It matters not that it was received late , that's a matter that is not dealt with by the courts . So you may now choose to question or dispute that the form sent is a true copy of a enforceable agreement .You need to do some case studies to check out the procedures used to counter any court claim if you think it will go that far . Example can be found on the CAG WEBSITE .

kel123_2

Mo you really need others to see the "CCA"

Stapeley is correct in what he says about enforceable and reading more information on CAG. In theory because they have supplied it outside the 12 working days only a court can enforce it but if it is correct then although it may be looked on as badform by the judge the probability is that it could be reinstated. You have to now look at your personal situation how would it effect you if you had a ccj. My situation says not alot but is your situation is different, I could afford to take the risk of loosing!

stapeley

The situation with CC Agreements is confusing , the more you read the OFT guidelines the worse it gets . My view on it is ,

The CC ACT was amended to close loopholes over AGREEMENTS .So if your application/agreement is pre amendment (2005/2006 ) it may not be compliant. That is it may not be properly executed , signed by both parties . It may not contain all the prescribed terms .The list goes on . If you have doubts , the only person who should be able to rule on it is a Judge .Having said that some know the CC ACT inside out some don't. It will be up to you to point out where you feel it does not comply . One saving grace maybe that if you dispute the CCA , the Original copy in its presented form may have to be produced by the creditor. Given that records are transferred on to microfilm for easy storage , an original may not exist. So how a ruling can be passed on photo copy evidence , that is several pages purporting to be all part of one document is questionable .
The DCA replied to by request of a copy in the form it was originally present ,was that they were not obliged to supply it . This is true as per CC ACT, but will a JUDGE be happy to accepted incomplete evidence . I have no other option than to take it to that stage .

suz7

I received a CCA copy from Cahoot today. Have posted it on CAG (if anyone's interested lol). From what I've read it seems to have all the required stuff on.

Am not sure where this leaves me with Moorcroft though? Do I still have to deal with them even though they couldn't supply the CCA?

Sue

rog2

suz7 wrote: »

I received a CCA copy from Cahoot today. Have posted it on CAG (if anyone's interested lol). From what I've read it seems to have all the required stuff on.

Am not sure where this leaves me with Moorcroft though? Do I still have to deal with them even though they couldn't supply the CCA?

Sue

Hi Sue - could you post me a 'link' to the thread on CAG, please.

Personally, I would kick Moorcroft into touch - if the original creditor has supplied you with the cca, then I would deal only with the original creditor until such time as cahoot advise you that they have assigned this 'debt' to a named dca.

suz7

Link as requested Rog (should have thought of that myself!) I haven't got a scanner so they are only photos.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/144545-cahoot-cca-valid.html#post1520998

Ta

rog2

suz7 wrote: »

Link as requested Rog (should have thought of that myself!) I haven't got a scanner so they are only photos.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/144545-cahoot-cca-valid.html#post1520998

Ta

From what I could see, the 'application' does look as though it constitutes a consumer credit agreement, although in order to be absolutely sure, why not get National Debtline or the CAB to have a look at it?

I still think you should deal directly with cahoot, unless they send you a letter of assignment.

kel123_2

Couple of questions suz

Is there a reference number or the card number on the document?

Is there a signature on the document other than your own?

Kel
With stiff neck as I cannot read sideways lol

suz7

Aww, Sorry Kel. Yep there is someone elses signature on it - I 'painted' it out cos I don't want to get in trouble

There is no account number on the document, just on the covering letter thing they've sent (it's handwritten)

Ta, Sue.