Cca Requests Updates Please

GirlRacer_2

Have sent letters to Next and Studio asking for copies of CCA's. This is what they have sent:

Next - have sent a true copy of the credit agreement and they are satisfied that this meets with their obligations under section 78 of the CCA. It then goes on to say that Next must supply any customer with a true copy of their agreement upon request and that a true copy need not be an exact copy or photocopy as long as it contains every material provision of the agreement signed. Therefore Next are not required to provide me with a signed copy of the agreement and this is made clear in section 3(2) of the Consumer Credit )cancellation Notices and Copy Documents) Regulations. They are required to provide me with a true copy and a true copy is enclosed.

Is this correct? I haven't got a clue what I'm supposed to be looking for but they have enclosed a document called Credit agreement regulated by the CCA 1974 then it's a sheet of A5 paper with key financial information, other financial information, key information, missing payments. Have they provided me with the correct document?

Also Studio have forwarded me a sample credit agreement. The letter states that I'll receive a statement every 28 days and I can either pay the balance of by instalments. They have also sent me a document very similar to Next. Is this also the correct document or do I need further documentation?

Please note that neither copy was signed by the customer and returned to Next or Studio.

Thanks for your help

blueforyou

Lovella wrote: »

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).

I've had dealings with both. AIC have a habit of threat (Drew Gilmour is one of thier advisers. He gets rewarded with foreign holidays etc for having the most recoveries. However, he's nothing short of a little.....and I have just beaten him as they passed the debt back to the OC - all I did was make him know I knew my rights). Tell us if you get their little yellow cardboard threatograms!

Moorcroft were a pushover. Just stick to your guns, ie continue to apply the legislation you have just started with your 12+2 etc.

Good luck.

cocker100

rog2 wrote: »

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.

Thanks Rog2:cool:

Leixlip1

I've had a similar response & Information as Girlracer from Halifax/HBOS. I'm not convinced they have the original, signed agreement so have sent them a SAR and will see what they come up with.

Lovella

blueforyou wrote: »

I've had dealings with both. AIC have a habit of threat (Drew Gilmour is one of thier advisers. He gets rewarded with foreign holidays etc for having the most recoveries. However, he's nothing short of a little.....and I have just beaten him as they passed the debt back to the OC - all I did was make him know I knew my rights). Tell us if you get their little yellow cardboard threatograms!

Moorcroft were a pushover. Just stick to your guns, ie continue to apply the legislation you have just started with your 12+2 etc.

Good luck.

Thanks Blueforyou, I like a good old fashioned fight so hopefully Drew will write to me soon. What happened with your debt that got passed back to the OC? Did they supply the CCA in the end?

rog2

GirlRacer wrote: »

Next - have sent a true copy of the credit agreement and they are satisfied that this meets with their obligations under section 78 of the CCA. It then goes on to say that Next must supply any customer with a true copy of their agreement upon request and that a true copy need not be an exact copy or photocopy as long as it contains every material provision of the agreement signed. Therefore Next are not required to provide me with a signed copy of the agreement and this is made clear in section 3(2) of the Consumer Credit )cancellation Notices and Copy Documents) Regulations. They are required to provide me with a true copy and a true copy is enclosed.

It is true, unfortunately, that they do not have to provide you with a 'signed' copy of the agreement under a 'cca request'.
However the agreement that they send, must be a true and compliant copy of the original executed agreement.
Certainly a 'sample' agreement will not be sufficient.
To check to see that what they have sent you is, indeed, compliant, it must contain the terms as detailed in the following post:

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

Certainly a 'Sample' agreement would not constitute a true copy of the original executed agreement.

If you are still unsure that the agreement is valid you can submit a Subject Access Request (SAR) to Next. Under the terms of a SAR, Next would be legally obliged to provide you with everything that they hold on file, including, if it exists, a copy of the original signed agreement.

There is, I'm afraid, a Statutory Fee of £10, which needs to be sent with the request, and NEXT would have 40 Calendar days in which to provide you with the information:

http://www.ico.gov.uk/what_we_cover/data_protection/your_rights/how_to_access_information.aspx

westmids_3

hi all..having real problems with studio ...
had a response..states : we have never stated we cannot produce a copy of the signed credit agreement..with cca requests it is sufficient for us to provide a copy of a caa together with relevant financial info..etc..it is considered that we have complied with your request and therefore this is our final response ... i feel like giving in... they are really tough.... so i dont know wether to get in touch with them and say i am having financial difficulty and need to put account on hold for now : (

rog2

westmids wrote: »

hi all..having real problems with studio ...
had a response..states : we have never stated we cannot produce a copy of the signed credit agreement..with cca requests it is sufficient for us to provide a copy of a caa together with relevant financial info..etc..it is considered that we have complied with your request and therefore this is our final response ... i feel like giving in... they are really tough.... so i dont know wether to get in touch with them and say i am having financial difficulty and need to put account on hold for now : (

Read my post to Girlracer - above - post 3568.

blueforyou

Lovella wrote: »

Thanks Blueforyou, I like a good old fashioned fight so hopefully Drew will write to me soon. What happened with your debt that got passed back to the OC? Did they supply the CCA in the end?

The CCA referring to the debt previously passed to AIC NEVER arrived - its now 9 months and another DCA has it now - and they are quiet, apart from pretending to be solicitors now....

By the way, I have sent you a PM.

westmids_3

so they are within their right to do this then : ( ... looks like the easier option i think is to offer token payments of £1 ( not sure they would accept as they are saying minimum payments is £10 a month ) or ask to put my account on hold ..