Cca Requests Updates Please

cocker100

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:)

Hi all,

Been searching this alleged agreement for the prescribed terms. I think all are present except one, the credit limit.

All that is mentioned with regards to a credit limit is the following:

1a We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know.

Does this suffice for a prescribed term for a credit limit or not?

If not, then am I right in assuming that the agreement is flawed and unenforceable, or is it only enforceable by the court?

Still gets me that bit! Not sure!

Cocker:)

rog2

cocker100 wrote: »

All that is mentioned with regards to a credit limit is the following:

1a We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know.

Does this suffice for a prescribed term for a credit limit or not?

If not, then am I right in assuming that the agreement is flawed and unenforceable, or is it only enforceable by the court?

Personally, I think that that may be covered by:

"D. Credit Limit

This may be a term or the manner in which it will be determined or there is no credit limit."

Sorry, Cocker, but I think they may be correct.

jimbingo

rog2 wrote: »

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:

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.

Thank you for your reply. I will try the second letter and let you know what happens...

Cheers,

Jim

AGibson

Hi

I sent Debt Managers Limited a CCA request on the 22nd of July by 1st class recorded post but for some reason the tracking is not showing as delivered, just says that the item has been accepted at the local post office i went to on the 22/07/09

The address i sent it to is

Debt Mangers Ltd
PO Box 168
19 Heriot Row
Edinburgh
EH3 6JR

this is the address they have on the 2 letters they sent me

the address is the same on the website but without the po box

http://www.debt-managers.co.uk/contact.html

today i received a letter from them which says urgent final demand etc.......

should i send the cca again and assume the other one has got lost or something

rog2

AGibson wrote: »

should i send the cca again and assume the other one has got lost or something

No - do not send them another cca request. You can, reasonably, assume that the first request was delivered within 48 hours of your posting it. Many dca's will not sign for letters, but unless the letter is re-delivered as 'not accepted' or 'not delivered' you are within your rights to assume that they have received it.

Sometimes, too, it will take a few days to appear as 'delivered' on the Post Office 'system'.

Just start counting the '12 working days' from two days after you sent it.

In my opinion, Debt Managers have sent you the 'final demand' letter in the full knowledge that you have requested the cca in order to 'frighten' you, thereby diverting your attention away from their legal obligations.

AGibson

thanks, i forgot they may use crafty tactics :cool:

Leixlip1

Am I right in thinking that a CCA is only properly executed when signed by both parties i.e. the creditor and the debtor?

Bazza66

AGibson wrote: »

Hi

I sent Debt Managers Limited a CCA request on the 22nd of July by 1st class recorded post but for some reason the tracking is not showing as delivered, just says that the item has been accepted at the local post office i went to on the 22/07/09

The address i sent it to is

Debt Mangers Ltd
PO Box 168
19 Heriot Row
Edinburgh
EH3 6JR

this is the address they have on the 2 letters they sent me

the address is the same on the website but without the po box

http://www.debt-managers.co.uk/contact.html

today i received a letter from them which says urgent final demand etc.......

should i send the cca again and assume the other one has got lost or something

I have had the same situation (although not a CCA request) where the PO website says accepted by the post office. I gave them a call and they confirmed the letter had actually been delivered but the website was wrong.

So if you want to make sure they did get it then give them a ring (number can be found on the PO website) or takes rog2 advice of it usually accepted to be delivered in the 48 hours timeframe.

rog2

Leixlip1 wrote: »

Am I right in thinking that a CCA is only properly executed when signed by both parties i.e. the creditor and the debtor?

For the purposes of a cca request, the 'agreement' need not be signed. However, should a case ever come to Court, then the Judge should need to see that the agreement was signed by both parties, before ruling it 'enforceable'.

emmaBZ

hi i sent off the cca letter on 7th may to bls got a letter back from lloyds saying they didnt manage that account ?? ( i know bls are part of lloyds ) sent the 2nd letter after 14 days, to bls and lloyds never got no reply only letter asking for full payment from bls anyway sent a account in dispute letter after waiting a month...as they never sent any cca.. still no reply only another letter from bls demanding full payment and then another letter fron a different dca requesting payment...they seem to be ignoring the request completley i am unsure what to do i sent all letters rec del and they were all delivered any advice anyone please ....