Cca Requests Updates Please

stapeley

cocker100 wrote: »

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:)

Sounds as if you in same position as me . The way I understand it, is . After an application has been sent to a card company , they approve it or not . Then they should have sent out a Consumer Credit Agreement with all the prescribed terms and conditions , you look through it and if happy , sign and return it. The card or loan should then be sent to you . If a creditor wants to take you to court they should need to produce a true copy of the CCA you signed . This is a legal contract , without which how would anyone know what terms you agreed to ?

stapeley

I have now recieved a letter warning that a Statutory Demand letter is being prepared . I will recap my situation . 16 months ago I requested a CCA , all I have recieved is a copy of a application form . Despite several letters telling them this , they insist its enforceable . I disagree . I am on a low income , have no assets, my wife owns the house , it was her deposit and in her name only . I know it has been covered several time on this thread my could ROG2 or ANYONE run through the process and my response . cheers

rog2

cocker100 wrote: »

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:)

Hi Cocker - I could not read all of the 'conditions' on the application form, so although I can not be 100% certain, I doubt, going by MBNA's track record, that it will constitute a compliant consumer credit account - application forms rarely do.

Even if it does contain all the prescribed terms, this should not stop you from going in with a 'Full & Final Settlement Offer' - Equidebt probably paid less than 20% of the original debt for it, so, if that's what you were 'hoping to do, then go for it.

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

Use the 'template letter' but preface it with the words:

"I do not acknowledge any debt to your Company or to any organisation that you claim to represent"

Cheers.

rog2

happymumof3 wrote: »

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?

It is '12 Working Days' (12+2 calendar days) from when they received your letter, and £1 Statutory Fee.

Ignore any reply which states that they are waiting for information from the original creditor - the clock started ticking the day they received your request, and it is they, not the original creditor, who must, legally provide you with the cca.

The 12+2 day letter can be found on post 6 of http://forums.moneysavingexpert.com/showthread.html?t=963087

Just leave out the paragraph that says 'after 30 days this will be a criminal offence'. Unfortunately the Act has been amended and it no longer becomes a criminal offence if they have not provided you with the cca 30 days after the 12 working days have expired.

Hope that helps.

rog2

stapeley wrote: »

I have now recieved a letter warning that a Statutory Demand letter is being prepared . I will recap my situation . 16 months ago I requested a CCA , all I have recieved is a copy of a application form . Despite several letters telling them this , they insist its enforceable . I disagree . I am on a low income , have no assets, my wife owns the house , it was her deposit and in her name only . I know it has been covered several time on this thread my could ROG2 or ANYONE run through the process and my response . cheers

I do not know why they would tell you that a 'Statutory Demand' is being prepared, stapeley.
A Statutory Demand is a standard form they would only need to fill in your details, and details of the debt - probably less time than it took for them to prepare the letter telling you that they were preparing the SD.

Okay, let's take them at their word - for the moment at least. A Statutory Demand is, in effect, the final demand for payment that a creditor must serve to a debtor. The debtor has 18 days, from 'service' of the SD in order to either pay the amount, or to come to an arrangement with the creditor. If no payment, or arrangement, is made during that period, then the creditor would have the right to petition, through the Courts, for the Bankruptcy of the debtor. Please note that I say 'would have the right' - it is not a foregone conclusion that they will petition for your Bankruptcy and many creditors/dcas use the 'Statutory Demand' as their ultimate scare tactic.

Why is 'bankruptcy' not a foregone conclusion to the serving of an SD?

Firstly, in order to petition for a debtor's bankruptcy, the 'debt' must be over £750.00.
For a creditor/dca to petition for a debtor's bankruptcy, then that creditor/dca will need to pay the Court Fees (£590) plus the associated solicitors' fees (often in excess of £2000) up front.
Whilst these 'costs' would be added to the bankrupt's 'estate in bankruptcy' there would be absolutely no guarantee whatsoever that the creditor/dca would 'recoup' these costs from the bankrupt's 'estate in bankruptcy'.
The petitioning creditor/dca would receive absolutely no preferential treatment whatsoever, from the Official Receiver, when the bankrupts funds were, eventually, distributed to creditors. After the OR (Insolvency Service) have taken their costs, any remaining funds would be distributed evenly and equally between ALL of the bankrupt's creditors at the time of his bankruptcy. This often means that the petitioning creditor/dca will lose heavily, often receiving nothing at all, and not many creditors, or dcas, like to be in that position.
Equally, stapeley, the Bankruptcy Court, would be your opportunity to present your 'defence', under the Consumer Credit Act, in that not only is the 'debt' in question in dispute, but that the creditor/dca is 'in default' of their legal obligations, under the Act. The Judge would have no alternative other than to disallow the creditor/dca's petition for your bankruptcy.

Now the above may sound a bit daunting, but, don't forget, you have not yet even been 'served' with an SD - only a letter telling you that an SD 'is being prepared'. When, indeed if, you are 'served' with an SD, you would probably e able to get that SD 'set aside' as the related 'debt' is in dispute.
You should, once you receive it, take the SD to your local CAB, or, as you are on a low income, tal to Community Legal Advice - https://www.communitylegaladvice.org.uk - tel. 0845 345 4 345.
Either of these organisations will be able to help you through the process of dealing with the SD.

The most important thing, stapeley, if you do receive an SD, even if it is only being used as a 'scare tactic' - do not ignore it.

stapeley

Thanks rog , I had a look on the CAG website. Loads of cases on there , even got awarded costs ! So I can look forward to a small windfall shortly !

rog2

stapeley wrote: »

Thanks rog , I had a look on the CAG website. Loads of cases on there , even got awarded costs ! So I can look forward to a small windfall shortly !

Who is the creditor or dca?

stapeley

Its our old friends from clapquest . I assume that they can not just turn up in court after I have applied for a set aside ,on grounds of non supply of a CCA , with a copy of a application form ? Of which I dispute is enforceable .

rog2

stapeley wrote: »

Its our old friends from clapquest . I assume that they can not just turn up in court after I have applied for a set aside ,on grounds of non supply of a CCA , with a copy of a application form ? Of which I dispute is enforceable .

If it's CRAPQUEST, then it is more than likely to be just a 'scare tactic'.
No point in worrying too much about applying for the SD to be 'Set Aside' until you have actually been served with one.

Lovella

I've just sent off my 12+2 letters to Allied International Credit and Moorcroft as they have failed to do anything other than send a 'we're looking into it' letter in response to my CCA request....I'm going to feel rich next month now I don't have to pay them (for now, at least).