Cca Requests Updates Please

rog2

jaybag wrote: »

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!!

Sounds like a bit of a 'cop-out' by Payplan, jb. You should bear in mind that this forum, with a few exceptions, is 'manned' by ordinary people who, like yourself, are experiencing, or have experienced, problems with debt. In the main, our advice, although well researched, is based on our own experience and can not be taken as 100% definitive - that, my friend, is why we usually recommend talking to the Debt Charities as their advisors are fully trained and accredited.

That does not imply that we give incorrect advice, but I doubt whether a Court would take 'DFW' as being an irrefutable source of reference.

If you are on a low income or benefits you can always get legal advice from Community Legal Advice - https://www.communitylegaladvice.org.uk/ - tel 0845 345 4 345 - they are a Government funded organisation and should be able to give the definitive advice that you need.

But have another word with Payplan, too - they should be able to point you towards free legal advice.

sandalwood_2

rog2 wrote: »

Sounds like a bit of a 'cop-out' by Payplan, jb. You should bear in mind that this forum, with a few exceptions, is 'manned' by ordinary people who, like yourself, are experiencing, or have experienced, problems with debt. In the main, our advice, although well researched, is based on our own experience and can not be taken as 100% definitive - that, my friend, is why we usually recommend talking to the Debt Charities as their advisors are fully trained and accredited.

That does not imply that we give incorrect advice, but I doubt whether a Court would take 'DFW' as being an irrefutable source of reference.

If you are on a low income or benefits you can always get legal advice from Community Legal Advice - www.communitylegaladvice.org.uk/ - tel 0845 345 4 345 - they are a Government funded organisation and should be able to give the definitive advice that you need.

But have another word with Payplan, too - they should be able to point you towards free legal advice.

Will have a word with payplan and see what they say,thank you very much for your help...

Lovella

Hi all,

After requesting my CCA from CapQuest they sent through what looks to be the correct information - it has my signature and the date on it, so I don't think there's anything more I can do on that front. Today though I got a letter from CQ to say that they are no longer dealing with my account and have returned all information to Egg. Why have they done that? I'm thinking of the worst case scenarios and am a bit confused as to why they would have done that when all I asked for was a CCA request. I haven't even stopped paying them!

Has anyone else had anything similar? Help!

rog2

Lovella wrote: »

Hi all,

After requesting my CCA from CapQuest they sent through what looks to be the correct information - it has my signature and the date on it, so I don't think there's anything more I can do on that front. Today though I got a letter from CQ to say that they are no longer dealing with my account and have returned all information to Egg. Why have they done that? I'm thinking of the worst case scenarios and am a bit confused as to why they would have done that when all I asked for was a CCA request. I haven't even stopped paying them!

Has anyone else had anything similar? Help!

Hi Lovella - it sounds as if what Crapquest sent you may have been your original application form.
Application forms seldom constitute 'compliant consumer credit agreements' and Egg were notorious for ignoring the conditions. Have you checked to ensure that it contains all of the required information to make it compliant?

http://forums.moneysavingexpert.com/showpost.html?p=6815188

Capquest have, among others, recently been the subject of an OFT review against dcas who do not comply with their guidelines, particularily when it comes to the supply of incorrect, or misleading, information regarding ccas. It may, therefore, be that CQ have realised that this 'agreement' is unenforceable and have 'handed it back' to the original creditor to avoid any repurcussions on them.

Personally I would, now, do nothing, other than check the form they have sent you against the prescribed conditions, until, and unless, you hear from Egg or another dca.

Lovella

Thanks Rog, I'm gutted to report that it does have all of those things in it, so I'm 99% sure that it's all legit. Do you still think that I should continue paying them through my DMP with Payplan? Even though they had put the account on hold I just kept going with it...I guess I have no reason to stop now!

rog2

Lovella wrote: »

Thanks Rog, I'm gutted to report that it does have all of those things in it, so I'm 99% sure that it's all legit. Do you still think that I should continue paying them through my DMP with Payplan? Even though they had put the account on hold I just kept going with it...I guess I have no reason to stop now!

Who are you paying, Lovella - Egg or CQ? If you are paying CQ, perhaps you could 'miss' the next payment and see if they 'chase' you. If they don't, then they genuinely have sent the account back to EGG. If they do chase you, then you can quote their own letter back at them.
If you have been paying EGG directly, then it will probably be best to continue paying.
What do Payplan suggest?

RIANNA30

We have been going back and forth with Hillsden re a cc debt with mbna. We sent the cca request back in Feb this year,mbna couldn't supply it and passed over to dca, so we started the process again. In May we were sent a copy of an application form to which I suitably replied.

Today I have had a further letter from the dca stating

"The application form clearly states it is a Credit Agreement regulated by the Consumer Credit Act. Should this not be apparent upon first read it is again clarified in the signature box which states "This is a credit agreement regulated by the Consumer Credit Act 1974,sign it only if you want to be legally bound by its terms. The Copy Agreement supplied satisfies the regulations set out in the Consumer Credit ACt 1974 and Hillsden have advised you that they are happy to rely upon the documentation supplied in any proceedings"

The application does not have any of the prescribed terms but does have the info that they're saying, are they just testing me??

What do you think would be a suitable response?

rog2

RIANNA30 wrote: »

The application does not have any of the prescribed terms but does have the info that they're saying, are they just testing me??

What do you think would be a suitable response?

If you have, already, sent them the 12+2 day letter, then I would be inclined to 'call their bluff' and let them take you to Court.
My guess is that they will not carry this threat through - they are well known on this board, and to the OFT, especially for their 'misleading' information and 'threats'.

RIANNA30

rog2 wrote: »

If you have, already, sent them the 12+2 day letter, then I would be inclined to 'call their bluff' and let them take you to Court.
My guess is that they will not carry this threat through - they are well known on this board, and to the OFT, especially for their 'misleading' information and 'threats'.

Thanks, they have had the 12+2 letter, if they had the right paperwork we would have seen it long before now, we'll stand our ground!

Broken_hearted

M&S update
Letter sent out detailing charges they are adding to the account.