Cca Requests Updates Please

stapeley

Just wait for 30 days .

sandalwood_2

stapeley wrote: »

Just wait for 30 days .

Sorry,was this reply for me? and if so-what do I need to do after the 30 days?

rog2

jaybag wrote: »

Hi
I requested a copy of my CCA in June to 2 creditors and enclosed a £1 postal order-didnt receive them within the 12 day timescale,so I sent another letter saying that the accounts(MBNA & Abbey) were in dispute and by law they need to send it to me-I then received yesterday a letter from Abbey(another one to say they are defaulting my account) to say that they are sorry that I am not happy with the level of service and my complaint will be dealt with???? I am sort of guessing that this may be a delay Tactic....?? any ideas on what I should do next?
thank you

By not having provided you with a true copy of the executed consumer credit agreement within the 12 working day legally prescribed period, both MBNA and ABBEY are in default of their legal obligations under the terms of the Consumer Credit Act, 1974, and will remain 'in default' until such time as they provide you with the compliant agreements.
Whilst they remain 'in default' the Act does not allow them to pursue those agreements without the permission of the Court. Nor does it allow them to enter any 'default' against you.
It would, to me, appear that they have blatantly ignored their legal obligations, under the Act, and are, indeed, trying to divert your attention away from the fact that it is they who are 'in default' - not you.
My suggestion would be to talk with either National Debtline - 0808 808 4000 - or CCCS - 0800 138 1111 - to seek more professional advice as to your next step.
It's my guess that they will advise you to complain to the Office of Fair Trading.

westmids_3

quick update from me .. just received a letter off oli regarding my cca request..all they have sent me is a credit agreement for me to sign ! additions have not replied since they sent me a letter also enclosing a credit agreement for me to sign and grattan debt collection have passed my account back to grattan !

rog2

westmids wrote: »

quick update from me .. just received a letter off oli regarding my cca request..all they have sent me is a credit agreement for me to sign ! additions have not replied since they sent me a letter also enclosing a credit agreement for me to sign and grattan debt collection have passed my account back to grattan !

Just don't sign anything now, wm.

westmids_3

no i wont , do i just sit and wait now ? i also sent an account in dispute letter to vanquis ..signed for delivery and i printed out the proof it had been signed for !

rog2

stapeley wrote: »

Just wait for 30 days .

No need, stapeley - since the Act was amended to remove the 'criminal offence' if a cca was not provided within the additional 30 days, this is no longer necessary. A creditor/dca is 'in default' after 12 working days from receipt of request, and statutory fee, if he fails to provide the agreement.

rog2

westmids wrote: »

no i wont , do i just sit and wait now ?

Basically, wm, yes - 'sit and wait'. If you enter into correspondence with them this will only serve, as they would wish, to divert your attention from the fact that they are 'in default' and they would 'use' any non related correspodence as a means to harass you for payment.
You need, now, to wait for their next move - if it is a threat of legal action, you have a full defence in that they have defaulted under the terms of the Act.
If their next move is 'more harassment' then they should be reported to the OFT as they are not permitted to pursue any 'debt' whilst there is a reasonable dispute.

rog2

MS_Dolphin wrote: »

Thanks Cocker and DVS

This is also exactly my view, I want some closure on the matter.

Its just at the moment with them, all I'm seeing are the letters, threats and phonecalls.

Cocker, you say, "let them take you to court." Is there a difference between this and me taking them to court?

Then if I'm (or anyone else is) prepared to accept an offer, I guess its a case of being happy with the terms/level of payment and having the funds to pay it. What that figure is that makes it worth settling, I imagine might be different for all of us, depending on circumstances and attitude towards the whole situation.

Thanks again.

The 'Full and Final Settlement Offer' is a very good way of obtaining 'closure' and favoured by many on this board, including myself.

It is, however, important for 'debtors' to realise that creditors/dcas can be very persistent and will, often, stoop to the lowest of levels to get as much as they can from the debtor.
Therefore, if a debtor opts to go for a 'F&F' offer, then that debtor should be aware of the following points:

• NEVER make any payment to a creditor/dca before that creditor/dca has confirmed, in writing, that the payment will be accepted in 'Full and Final Settlement' of the account - accept no other wording.
• Always make your first offer lower than what you can afford - as the first offer will, almost inevitably, be refused.
• Be prepared to negotiate, but be firm - if a creditor/dca rejects your best offer and wants an unreasonably high settlement, then tell that creditor that you simply can not afford to pay any more and that if he rejects your offer then you will withdraw it and seek advice on other ways to 'deal with the matter' - including taking advantage of the fact that the creditor/dca is in default of the terms of the Consumer Credit Act, thereby rendering this account 'unenforceable'.
• Put a time limit on offers - tell the creditor/dca that the money which enables you to make this offer is eing made available, purely for this purpose, by a relative, or friend, and that if the matter is not resolved within x days, then your offer will be unconditionally and immediately withdrawn.
• Insist that, on payment of the amount, any entry, by them, on your crf is marked as 'satisfied' and that any 'defaults' are removed.

For an overview of 'Full & Final Settlement Offers', plus a template letter that you can use, go to:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

And remember - if you are dealing with a creditor, or dca, who has failed to provide you with a compliant cca, then it is you and not the creditor/dca who is in the driving seat.

sandalwood_2

rog2 wrote: »

By not having provided you with a true copy of the executed consumer credit agreement within the 12 working day legally prescribed period, both MBNA and ABBEY are in default of their legal obligations under the terms of the Consumer Credit Act, 1974, and will remain 'in default' until such time as they provide you with the compliant agreements.
Whilst they remain 'in default' the Act does not allow them to pursue those agreements without the permission of the Court. Nor does it allow them to enter any 'default' against you.
It would, to me, appear that they have blatantly ignored their legal obligations, under the Act, and are, indeed, trying to divert your attention away from the fact that it is they who are 'in default' - not you.
My suggestion would be to talk with either National Debtline - 0808 808 4000 - or CCCS - 0800 138 1111 - to seek more professional advice as to your next step.
It's my guess that they will advise you to complain to the Office of Fair Trading.

Thanks for getting back to me,I am already in a DMP with payplan so I will ask them what to do-saying that they have told me before that they dont deal with CCA/legal stuff and that I should look on this forum!!