Cca Requests Updates Please

gargrave50

gargrave50 wrote: »

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

Rog2, if you get a second could you take a quick peek at this CCA please? I'm satisfied that its all there, just wanted a professional eye:D. I await our CCA from Barclaycard.

rog2

gargrave50 wrote: »

Rog2, if you get a second could you take a quick peek at this CCA please? I'm satisfied that its all there, just wanted a professional eye:D. I await our CCA from Barclaycard.

Hi gargrave - I'm not a professional, either, but it does appear to be compliant.

I looked at what 'Barclaycard' sent you. When did you take out your Barclaycard?
If it was in 1998, the 'agreement' may, also, be compliant, as they do not need to send a 'signed' agreement on a 'cca request' - as long as it is a true copy of the original executed document.

rog2

badgerbread wrote: »

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?

When did you send off the cca request and £1 Statutory Fee?

gargrave50

Hi Rog,

I understand what you mean about barclaycard but that isn't an agreement they have sent it looks more like T&C's? I'll wait and see what they send me as our CCA. If it is just a copy of what we might have signed, think I will pay the £10 for SAR to see the actual agreement. I'm hoping to use this as leverage for a F&F. I sent off the request and £1 fee on 25th July. Thanks!

rog2

gargrave50 wrote: »

Hi Rog,

I understand what you mean about barclaycard but that isn't an agreement they have sent it looks more like T&C's? I'll wait and see what they send me as our CCA. If it is just a copy of what we might have signed, think I will pay the £10 for SAR to see the actual agreement. I'm hoping to use this as leverage for a F&F. I sent off the request and £1 fee on 25th July. Thanks!

An SAR might, indeed, be your best bet - I agree with what you are saying and whilst what they have sent appears to contain the required 'terms' it is not in the form of a 'contained agreement', so first of all, wait until the 12+2 days is up in case they do send you the actual agreement.

gargrave50

Cheers Rog, will do.

Suppose I need to bite the Littlewoods one and carry on with my reduced payments. Still might be worth making them a F&F once I've saved some money........

blueforyou

rog2 wrote: »

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.

Thanks Rog2. Yes, I've always included the NoA request within the CCA request letter, but have only received one in 11 cases. Anyway, its another line of enquiry to use.

I've informed one DCA that I will not deal with them until a legitamate NoA arrives from the OC.

They are very quiet.

fermi

Don't confuse a "notice of assignment" with the "deed of assignment".

"notice of assignment" = a notice by the original creditor that the debt has been sold on.

"deed of assignment" = the contract between the buyer and seller of the debt.

The debtor should be sent a copy of the "notice" but not the "deed".

The "deed" can be requested in court proceedings, but not before then. Many debts are sold in bulk so a "deed" may cover multiple accounts and may be edited to exclude details nit your own.

badgerbread

rog2 wrote: »

When did you send off the cca request and £1 Statutory Fee?

I sent off the request on the 22/07/09 along with the £1 fee

TangledUpInBlue

Bazza66 wrote: »

Any chance you could scan and upload? Sounds very dodgy to me but without actually seeing it will be difficult to make an opinion. Are all the prescribed terms there?

Bazza66 - thanks for your consideration. Yes, I believe all of the prescribed terms are there. This agreement relates to an account I opened in Jan 2007. I had an account with them prior to this that I opened in 2004 (paid off in full) but the agreement then didn't include all of the terms. So they have obviously changed it at some point.

I will scan once I've worked out how to do it! May take a couple of days.

Regards...TUIB