Cca Requests Updates Please

aj2703

cocker100 wrote: »

If you correctly sent the first letter and fee, then yes, just send them the 12+2 letter when the time is right. Remember, if they cashed the cheque, you have proof they received it!;)

Cocker:)

Not to mention you should always send all communication RECORDED anyway cocker.:D

gfplux

And also keep a hard copy not just one on the computer. You may need to show the complete file in a few years time and computers................................break

Bazza66

gfplux wrote: »

And also keep a hard copy not just one on the computer. You may need to show the complete file in a few years time and computers................................break

Good tip!

I also back my computer up to the internet (I use www.idrive.com - 2 gig free) as an extra measure!

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,

Can I bump this again?

On reviewing this document and from previous posts, it seems that all the prescribed terms are present! Most strange for a dodgy photo copy, but hey ho!

However, it is not signed all at by the creditor, not even a date stamp. How does this affect the enforceabilty in court?

Any ideas?

Many thanks as always.

Cocker:)

rog2

cocker100 wrote: »

However, it is not signed all at by the creditor, not even a date stamp. How does this affect the enforceabilty in court?

For the purposes of a 'CCA Request' the creditor is NOT obliged to provide a signed copy of the cca. However, should it be disputed in Court, the Court would, normally, require the original, signed, agreement.

cocker100

rog2 wrote: »

For the purposes of a 'CCA Request' the creditor is NOT obliged to provide a signed copy of the cca. However, should it be disputed in Court, the Court would, normally, require the original, signed, agreement.

Hiya rog,

With regards to the Court, what does an unsigned CCA mean?

I've been searching through the CAG website and I think I am right in thinking that an unsigned credit agreement with the prescribed terms present is only enforceable by order of the court as it is improperly executed.

What are the chances of a DCA taking it to court?

I've also read that if an agreement is not executed correctly, then the interest payments made by the debtor could be deemed flawed, and that only the actual amount borrowed is repayable minus any interest. This would mean a rebate of any interest paid which could in fact put the account in credit.

Prior to default, I was paying well over £100 a month in interest alone!

I suppose it would depend on the knowledge of the judge and how they deemed the situation.

I'm a bit confused as to my next move. Would you advise just to offer a low full and final and see what they say? They have already offered 50%


Cocker:)

chinawhite_2

Hi
could someone post a link the the standard letter that should be sent when requesting CCA'S -
thanks

Bazza66

cocker100 wrote: »

Hiya rog,

With regards to the Court, what does an unsigned CCA mean?

I've been searching through the CAG website and I think I am right in thinking that an unsigned credit agreement with the prescribed terms present is only enforceable by order of the court as it is improperly executed.

What are the chances of a DCA taking it to court?

I've also read that if an agreement is not executed correctly, then the interest payments made by the debtor could be deemed flawed, and that only the actual amount borrowed is repayable minus any interest. This would mean a rebate of any interest paid which could in fact put the account in credit.

Prior to default, I was paying well over £100 a month in interest alone!

I suppose it would depend on the knowledge of the judge and how they deemed the situation.

I'm a bit confused as to my next move. Would you advise just to offer a low full and final and see what they say? They have already offered 50%


Cocker:)

Cocker,

With them sending a letter offering a very much reduced figure would indicate to me that they know they cannot enforce it. Don't take my word for that but in my experience that's usually been the case. They know they can't produce a valid CCA so offer you an "attractive" offer as a last gasp attempt to get anything.

My experience only s- others may wish to add their experiences.

Bazza66

chinawhite wrote: »

Hi
could someone post a link the the standard letter that should be sent when requesting CCA'S -
thanks

Try

http://forums.moneysavingexpert.com/showthread.html?t=963087 (post #8)

I always add to mine

"the enclosed payment is not to be used to reduce any alleged outstanding balance"

add this in the relevant section (after the bit about including £1 fee).

Hope this helps.

chinawhite_2

Thanks for that,

I havnt started a DMP yet but am going to contact payplan this week so I am still making full payments at the moment (not for much longer) - should I send the request letter to all my creditors now or do I have to wait until I have entered into a plan before I send them ??

thanks