Cca Requests Updates Please

cocker100

TangledUpInBlue wrote: »

Hi. I have received a "true" copy of my CCA with MBNA but I believe it has been "doctored" to comply with the necessary prescribed terms. Has anybody had a similar experience and/or advise on how I might establish authenticity? Regards TUIB.

Hiya,

After reading your post the other day, i've been trawling the CAG website for evidence of this as I also have a MBNA credit card which is now with a DCA.

Like you I also had my suspicions that the document had been "amended" to contain all the required prescribed terms. Especially because it is a well known fact that the vast majority of older MBNA agreements are completely unenforceable, so I was surprised to find that mine seemed to comply even though it is circa 2003. It is however not signed by the creditor.

Here it is:

http://s647.photobucket.com/albums/uu192/cocker100/equidebt

Having reviewed several similar agreements to mine, the general feeling is that many have been tampered with to include the prescribed terms and therefore make it enforceable. This is because up until recently, MBNA agreements of a similar age did not contain the prescribed terms, but now they all seem to have them included.

I am about to send a SAR request to the DCA, as they would then have to provide the original credit agreement for the account without any amendments. It will be interesting to see what they supply. If I get nowhere, then i'm going to the FOS to let them investigate.

Cocker:)

blueforyou

fermi wrote: »

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.

Thanks for that clarification Fermi.

rog2

badgerbread wrote: »

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

Then, by failing to provide you with the legally required true copy of the original executed cca within 12 working days of receipt of your request, they are, now 'in default'.
In my opinion, they already know this, hence the 'offer' to return to the lower interest rates as they now consider your account to be 'up to date'.
You can send them the 12+2 day letter, if only to 'remind them' that they are in default and, whilst in default, they can not, legally, enforce the agreement.
On the other hand, you may be happy with their 'offer'?
What would you like to do?

Princessbb

Hi All

A bit of help needed L I sent a cca request to Droyds Debt collectors for an account with La Radoute which was not provided so I sent the 2nd letter to them and have received a letter back from Redcats to say: In cases where no signed agreements is available there are a number of actions available to us, including an application for a court order to enforce the debt or continuing to recover the balance through our civil procedures. Regardsless of what action we decide to take it does not alter the fact that you have received and kept goods which were delivered to you in faith, without making appropriate payment.the debt continues to exist and does not become void, even in cases where it is considered unenforceable. There is clear evidence that despite no signed agreement, you have agreed to the terms and conditions supplied when you opened the account.
It then goes on to say as a reasonable lender they are required to keep credit reference agencies upto date with details about how customers handle their accounts.
It says we will make a decision about what action to take on this account 21 days after the date of this letter: in the meantime you should contact Droyds to discuss repayment!
I have been paying droyds £13 a month for a while now but I would like to get this account cleared.
The outstanding balance is £270 and I would like to settle it for around £100. Can you please advise what I should write back to them?
Many thanks

rog2

Princessbb wrote: »

Hi All

A bit of help needed L In cases where no signed agreements is available there are a number of actions available to us, including an application for a court order to enforce the debt or continuing to recover the balance through our civil procedures.
It then goes on to say as a reasonable lender they are required to keep credit reference agencies upto date with details about how customers handle their accounts.
It says we will make a decision about what action to take on this account 21 days after the date of this letter: in the meantime you should contact Droyds to discuss repayment!
I have been paying droyds £13 a month for a while now but I would like to get this account cleared.
The outstanding balance is £270 and I would like to settle it for around £100. Can you please advise what I should write back to them?
Many thanks

They 'can' apply to the Courts for permission to enforce the 'agreement', princess, but it is highly unlikely, given the absence, of a compliant cca, that any Court, on reading your 'defence' would ever grant them such permission.
They are in default and, legally, can not enter a 'default' against you whilst they remain in default.

You can, if you wish, make a 'Full and Final Settlement Offer' at any time. Personally, I would offer slightly less than you suggest, as it is much easier to negotiate up, rather than down.

Before making any 'F&F' offer, you should read the following National Debtline Link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

You can use the 'template letter' that you will find on the link, to make your offer, but I would suggest that you 'amend' it along the following lines:

"I acknowledge NO debt to you, or to any company that you claim to represent.
I requested a true and compliant copy of the original consumer credit agreement, relating to this account, on xx.xx.09. This request, along with the Statutory Fee of £1.00, was received by you on xx.xx.09.
As you have failed to provide me with the true and compliant copy of the original consumer credit agreement within the legally prescribed time frame, this account is now unenforceable. Section 78 (ss6) of the Consumer Credit Act, 1974, prevents you from taking action against me, INCLUDING the listing of adverse credit references, or defaults, with the credit reference agencies. Any such action will be vigorously defended and will, also, be reported to the relevant agencies.
However, I would like to put a 'closure' on this matter, and am willing to make an offer, to you, of £xx.00 as an ex-gratia payment in FULL and FINAL SETTLEMENT of the account.
This offer is made on the clear understanding that, if accepted, neither you, or any associated company, will take any further action to enforce or pursue this debt in any way, and that I will be released from any liability.
I further request that, if accepted, you will mark any entry on a credit reference agency file, relating to this debt, as "satisfied" in full.
Payment can be made within xx days of receiving your WRITTEN acceptance of my offer and agreement of the terms therein.

I look forward to receiving your reply

Yours Faithfully (print - don't sign - your name)"

Do NOT make any payment to them before they have agreed to accept your payment in 'Full and Final' Settlement - accept NO other wording.

And don't worry about their 'threats' - that's all they are - threats.

Charliegirl_4

Hello All - Sorry I am very very new on here but have read all the threads with interest and decided to ask Ist Credit who have been hounding me like a dog for the CCA agreement for a Barclaycard Debt, They have sent me a document which says Credit Agreemet regulated by the COnsumert Act 1974 but it looks like the application form I completed so I wondered if anyone could confirm if it is enforceable or not - I would really appreciate your help on this, I have calls and letters arriving every day from 1st Credit.

I could add the links up but as a new user I am unable to do this at the moment.

Thanks all.

gargrave50

Just a quick update. Tomorrow unless the postman arrives laden down, the deadline for my CCA requests will pass. I have drafted the next "ACCOUNT IN DISPUTE" letters ready to send to Barclaycard, Next Directory and Shop Direct (being handled by low life Lowells).

gargrave50

Hi Charlie, welcome to MSE.

Can I direct you to post numbers 54, 58 and 67 on this thread which lists the terms etc which are necessary to make it enforceable.



Its difficult to say whether what they have sent you is enforceable or not as we can't see it:)

Charliegirl_4

Hi Gargrave Thank you for your response I will take a look at the threads on the pages you suggested. It is all very scarey.

Thank you I appreciate your help.

blueforyou

Charliegirl wrote: »

Hi Gargrave Thank you for your response I will take a look at the threads on the pages you suggested. It is all very scarey.

Thank you I appreciate your help.

Don't be afraid. I started with all this since last October - and had a few sleepless nights over it. Remember, all you are doing is asking for information you are entitled to by law. That info MUST be in a prescribed form (again by law).

You'll be hard pushed to find anyone who has TOTALLY failed in this, and there are enough success stories to suggest that debts can be controlled and that bully boy firms CAN be beaten.