Cca Requests Updates Please

rog2

emmaBZ wrote: »

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 ....

It is possible that this dca is part of Lloyds/TSB - what is the name of the dca?

As you have already sent one 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter, then it is probably time to consider reporting Lloyds/TSB to the OFT.

happymumof3

Hi everyone,

Sorry to sound so stupid, but I sent my CCA request letter on 14th July, and it was received on 15th July. I am rather confused by trying to work out the 'working days', am I right to assume I can send the second letter off by recorded delivery tomorrow?

If anyone could clarify when I can post the letter I would be very grateful!

Bazza66

happymumof3 wrote: »

Hi everyone,

Sorry to sound so stupid, but I sent my CCA request letter on 14th July, and it was received on 15th July. I am rather confused by trying to work out the 'working days', am I right to assume I can send the second letter off by recorded delivery tomorrow?

If anyone could clarify when I can post the letter I would be very grateful!

By my reckoning it runs out tomorrow but you will have to wait to see if you get anything in the post tomorrow first since tomorrow is the 12th working day.

cocker100

rog2 wrote: »

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'.

So how does this rule apply to my recent Equidebt post Rog2?

There is no signature at all from the creditor. Not even a date stamp!

Could this be a good line of enquiry?

Cocker:)

GirlRacer_2

Hi everyone,

I've had a reply from Studio today and they state this:

The OFT acknowledge that for the Home Shopping Industry the supply of an exact copy of the credit agreement together will all relevant financial information is acceptable to meet your request for a copy of the credit agreement.

To can be assured that legal advice is sought in such matters where liabilit is in dispute. It is clear the debts exist, but of course, we are also aware that the courts would not at present be able to grant an enforcement order should a default summons be issued by us because of non payment and it was defended on a challenge to produce a copy of the original signed agreement, as defined by Section 61 of the Consumer Credit Act 1974, unless we were able to produce a signed copy of the original agreement in support of the claim. It is only in such an instance that it would be cost justified to recover originals from our archives.

It then goes on to state that the original credit agreement was sent with the very first order in October 2007 but was never signed and returned.

It then says You have been a customer of ours for several years and we are trying to avoid an irretrievable breakdown in that relationship. Without making regular payments we will have no option but to register the debt with all credit reference agencies that may adversely affect your ability to obtain credit. This company will not write-off a debt just because there may be a possibility of a legal defence if we were to take legal action as a method to recover the debt owing.

It transpires that you did not sign and return a copy of the credit agreement and we realise it will be unenforceable but it is not void nor an unlawful debt. We are satisfied upon discussion with the Information Commissioners Office and on legal advice that it can still be registered as a default with credit reference agencies.

The current balance of the account is £324.98, credit record shot to pieces and unlikely to get better for an awful long time.

What exactly does all this mean, advice please?

Many thanks

fermi

GirlRacer wrote: »

What exactly does all this mean, advice please?

Many thanks

It means that they can register a default, but that is ALL they can do.

GirlRacer_2

Thanks Fermi, as the credit record is appalling (it's not mine, it's my sisters), whats the best to do, should we just back and tell them that we are refusing to pay or just ignore it

fermi

GirlRacer wrote: »

Thanks Fermi, as the credit record is appalling (it's not mine, it's my sisters), whats the best to do, should we just back and tell them that we are refusing to pay or just ignore it

Entirely up to you (or her). Depends on your sister's situation, and what she was trying to achieve from the CCA request etc.

Nothing is stopping them paying, but Studio have admitted that they cannot enforce it through the courts should you choose to defend it.

If not paid then they will probably flogg it to a DCA, but they would be in the same position as Studio.

If she has other more urgent debts, then my personal opinion would be to ignore Studio and concentrate on the others. But I can't put myself entirely in her shoes as I don't know her situation.

fermi

On a lighter note, I spotted this posted on CAG earlier as a response to a creditor sending copies of the CCA you would have signed.

:rotfl::rotfl::rotfl::rotfl::rotfl:

Made me laugh out load anyway.

cerberusalert wrote:

Dear Sir,

Thank you for your letter of xxxxxxx telling me what my agreement would have looked like.

Please see below what payment would have looked like if you had been able to provide an enforceable agreement;



Yours Truly,

aj2703

To be honest if it were me i'd pay up for £320 odd quid rather then have a default etc against me only to have to go through the hassle of getting it removed etc. Now if it were 1k+ that would be a different story, but hey ho it's entirely upto you.:D