Cca Requests Updates Please

rog2

louiser123 wrote: »

what im unsure of is, they have while the account has been in dispute placed a default on my credit files this was done recently am i entitled to request this is removed? and also where do i go noww do i just forget it until it gets bought by another dca, or is that not allowed?? bit confused on it all really so any info would be very much appreciated x

Hi louiser - first of all, congratulations on the result. If anyone else ever chases you for the same 'debt' you should send them a copy of the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter that you will find on post 8 of http://forums.moneysavingexpert.com/showthread.html?t=963087 .

Lowell were not entitled to enter a 'default' on your crf whilst they, themselves, were 'in default'. You should write to Lowell stating that 'under the terms of the Consumer Credit Act, they were not entitled to enter a default against you and must remove it immediately.

If they do not remove the default, then you should report them to the OFT.

stapeley

Well past the 100,000 viewings now ! I would like to thank rog 2 and all the others who have posted links . They have been a great help to everyone . Here's to the next 100,000 viewings and many more people helped .

jimbingo

hi, sorry to be a pain but does anyone have any further comments on my previous post?

thanks,

jim

jimbingo wrote: »

Hi all, I was wondering if somebody could help me?

I owe some money on a credit card (and my account is now in a recovery program) which I took out in 1997. I requested a copy of my CCA/executed agreement and within 12 days they sent me a badly photocopied copy of my terms and conditions, over 2 pages. Appart from the fact that there is no signature from me, or anywhere for an actual signature to go (it is literally just the terms and conditions, including a section for cancelling the agreement), the credit limits stated on it do not include the limit I currently have. There is a breakdown of APR's, certain credit limits and an interest rate, but my current credit limit is not listed (and I never signed anything saying I agreed to it being increased, ever, even though it was increased). So I guess what I'm asking is what do I do next? It appears that they don't have anything with my signature on else they'd have sent it to me instead of trying to fob me off with just the T&C's (which may not have been mine anyway - an accompanying letter states "...and incorporates any variations to the terms made since you entered into this agreement".)

Cheers,

Jim

rog2

jimbingo wrote: »

hi, sorry to be a pain but does anyone have any further comments on my previous post?

thanks,

jim

Hi jim

From what you say, this does not appear to constitute a compliant copy of the original executed consumer credit agreement, as it does not include all of the required conditions:

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

Equally, any agreement, sent as a result of a cca request, must be clearly legible.

If it has been more than 12 working days since they received your cca request, then I think you can safely assume that they are 'in default' and you should send them the '12+2' day letter.

Please let us know what, if anything, their reply is, before we can advise further.

stapeley

There's a tendency for a copy of a application form to be sent . Many cards were sent out before a C C Agreement was signed and returned to the creditor . So it could be that all they can supply is terms and conditions , this would not be enough for them to gain a court judgement against you .

AGibson

Hi a quick question please

I'm about to send the CCA request to Debt Management Ltd which Barclaycard have just sent the debt over to them

I've printed this letter for them

http://forums.moneysavingexpert.com/showpost.html?p=11636295&postcount=9

I have a postal order of £1 which I got from the post office in March 09 which I did not use, am I OK to use that or does a postal order have an expiry date of such?

thank you very much

rog2

AGibson wrote: »

Hi a quick question please

I'm about to send the CCA request to Debt Management Ltd which Barclaycard have just sent the debt over to them

I've printed this letter for them

http://forums.moneysavingexpert.com/showpost.html?p=11636295&postcount=9

I have a postal order of £1 which I got from the post office in March 09 which I did not use, am I OK to use that or does a postal order have an expiry date of such?

thank you very much

Letter is fine - so is March 09 Postal Order.

Make sure you keep a copy of the letter and that you send it using a 'signed for' and 'trackable' service e.g. recorded delivery.

Good luck.

AGibson

Thank you

I will send it of to them later today by recorded post

I have also printed a copy and kept it safe in my file

cocker100

Evening all,

Well, i'm here again after some wise words of wisdom.

Finally got a responce to my CCA request from Equidebt for my former MBNA account. I'd be grateful for comments on its validity.

http://www.photobucket.com/albums/uu192/cocker100/equidebt

On first glances, it is obviously an application form, but does it contain the prescribed terms? The T's and C's are again (like my pervious CCA requests) hard to read, but are just about legible on my version. Dont know how well they have transferred to photobucket though!

Equidebt rekon that it is an enforceable agreement, but I'm not sure. This is all they sent, the whole thing one one side of A4 paper.

Was hoping to offer low full and final on this account to get it cleared as no ppi to reclaim on this one.

Any advice greatly appreciated as always.

Cocker:)

happymumof3

Hi everyone, was just looking for a little bit of advice if anyone can help please?

I sent a CCA request to Debt Management Ltd on 14/7 (last Tuesday) by recorded delivery. This was recieved by them on 15/7, and I subsequently received a standard letter with a tick next to a box saying they were requesting the information from the company involved.

As far as I can work out, after 12+2 days if I have not recieved the required information, I have to send them another letter, saying they have failed to comply with my request?

Is the 12+2 days going to be the 28th July (14 days after I posted the letter), or 29th July (14 days after they recieved the letter), or is it more due to it having to be working days?

If anyone can help I would greatly appreciate it, and also I have so far been unable to locate the next letter I have to send, so if anyone can help with this too that would be great.

Thanks