Cca Requests Updates Please

MissOptimistic

Hi there
I would be really grateful of some advice on this matter. I sent a CCA request to Citicard, today is the 12 + 2 days. For the past two months I have been making a reduced payment, (they said after 2 payments they would review the account and look to stop interest) - Of course, that hasn't happened, they have been ringing at 8.10am every morning for the past 8 weeks or so, as well as various times during the day - I don't think I can cope with it anymore. My OH has spoken to them and told them it is all we can afford, but still they keep ringing and adding interest at a rate of approximately £350 per month :eek:
Now the 12 + 2 days are up - what can I do? - Do they have to stop adding interest? - Can I complain to someone? Is there a letter I can send? - I have searched the forum but can't find it - If anyone can help I would be so grateful
Thank you

Tixy

Hi Miss Optimistic

After 12+2 days you send them the formal 'account in dispute letter'. Re the phonecalls there is a 'telephone harrasment letter' you can send to tell them to stop calling.

http://forums.moneysavingexpert.com/showpost.html?p=11635945&postcount=5
I can't find an up to date version of this letter - but this is an old version - you need to delete the bit about 'if the default continues for more than one month....' as the law has changed.

http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4

Bazza66

Tixy wrote: »

Hi Miss Optimistic

After 12+2 days you send them the formal 'account in dispute letter'. Re the phonecalls there is a 'telephone harrasment letter' you can send to tell them to stop calling.

http://forums.moneysavingexpert.com/showpost.html?p=11635945&postcount=5
I can't find an up to date version of this letter - but this is an old version - you need to delete the bit about 'if the default continues for more than one month....' as the law has changed.

http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=4

To avoid confusion its the 12+2 letter you send. The "account in dispute" letter is for when they pass the debt onto another DCA after the 12+2 has passed. Link points to correct letter to send.

Or maybe I have the terminology wrong? I have been know to be wrong loads of times ... well thats what the wife keeps telling me! :D

Tixy

Thanks Bazza - I expect you are right - I get confused with this stuff.

I'm sure you wife is always right though!

Neillgb

In the extremely unlikely event of my receiving a cca from a DCA which differed from the cca received from the original creditor, improving the lilelihood of enforceability, could anybody offer any advice as to the the actions I should take??

Thanks in advance.

gargrave50

gargrave50 wrote: »

Hi all, I wondered if you could cast your beady eyes over a letter Barclaycard have sent us today in response to our CCA request. I've uploaded it to photobucket. The letter basically says they are sending our CCA under separate cover and they sent T&Cs for 1998 and what the form would have looked like. If this is what they produce eventually I'm not sure whether it has all the "prescribed terms". Surely showing us what we would have signed isn't enough?

http://s740.photobucket.com/albums/xx46/gargrave50/barclaycard/

Thanks in advance. I assume I now do nothing and wait for the 12+2 to be up. Then do nothing further until another 30 days then send off the letter to say "you haven't sent what we asked for................".

Comments appreciated (and needed - I know v. little about this):)

Hi all, any help gratefully received with the above:D

gargrave50

Received a signed copy of my CCA from Littlewoods. All looks in order to me. Perhaps anyone could take a look just to make sure

http://s740.photobucket.com/albums/xx46/gargrave50/?action=view&current=littlewoodscca.jpg

blueforyou

Neillgb wrote: »

In the extremely unlikely event of my receiving a cca from a DCA which differed from the cca received from the original creditor, improving the lilelihood of enforceability, could anybody offer any advice as to the the actions I should take??

Thanks in advance.

Hello NeilGB.

I wondered this and have done some research on the CAG site. Now, can someone else PLEASE check what I am summising next:

It appears that if a CCA comes, and in the unlikely event its OK, the DCA has to have legal ownership in order to take it further (ie to court).

Legal ownership has to be confirmed - by the OC sending a valid Notice of Assignment. If the OC has only assigned the balance outstanding (ie sold the debt for 10-20% of its value) which is called Equitable assignment, then the rights & responsibilities have NOT transferred and its only the OC who can take you to court.

If I am incorrect - PLEASE tell me !

badgerbread

I have sent of the original letter for the cca and have recieved back a letter from the GM card saying that they have sent down a copy of my july 2009 statement what do I do next? They have also sent me a letter seperatly telling me that they now consider my accountup to date and will be charging the 6% interest rate as I have been paying regular agreed monthly payments what should I do now?

rog2

blueforyou wrote: »

Hello NeilGB.

I wondered this and have done some research on the CAG site. Now, can someone else PLEASE check what I am summising next:

It appears that if a CCA comes, and in the unlikely event its OK, the DCA has to have legal ownership in order to take it further (ie to court).

Legal ownership has to be confirmed - by the OC sending a valid Notice of Assignment. If the OC has only assigned the balance outstanding (ie sold the debt for 10-20% of its value) which is called Equitable assignment, then the rights & responsibilities have NOT transferred and its only the OC who can take you to court.

If I am incorrect - PLEASE tell me !

You are correct, bfy.

Unfortunately not too many people, often including County Court Judges, will be aware of this fact and, unless it is mentioned in a defence, will often not even consider this when passing 'judgement'.

An 'alleged debtor' can request a valid deed of assignment, at any time, from a debt collection agency, but it is, in my opinion, better to include this request with the cca request.