Cca Requests Updates Please

rog2

gargrave50 wrote: »

Morning all, just a quick update. Received a list of terms and conditions from Barclaycard this morning, despite them stating they would be sending "our" CCA under separate cover. I have written to them 12th August to state the account is officially in dispute, and I don't think they have a CCA to be perfectly honest. What happens next? Can I stop paying them and pay the money into my F&F pot for while so that I can make them an offer in 6 months? They haven't said they haven't got one - they have just sent me T&C's twice now.

You can, legally, cease payments whilst they are 'in default'. Obviously, if they do come up with a true and compliant copy of the original executed agreement, they may re-commence 'collection activity' from that date, but, whilst they remain 'in default' they are not permitted to either pursue you for payment, enter any defaults on your crf, add charges/interest or pass your details to a third party for 'collection'.

rog2

RedRobbo wrote: »

Afternoon all,

I have sent a CCA request to Cap regarding a balance with HSBC, who have now passed the account back to HSBC, and have not sent a true copy of my CCA, is this right? Further more HSBC are now sending me statements incurring additional costs, dispite not fullfilling there requirement from CAP. Please advice?

Charles

HSBC should not be adding any charges/interest - nor should they be 'pursuing' a debt that is 'in dispute'.
Send them a copy of the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter that is on post 7 of http://forums.moneysavingexpert.com/showthread.html?t=963087

geddo19

Hi, I don't know if anyone can help, but I have two overdrafts which have become debts as I now no longer bank with the parties concerned. What is the banks' responsibility regarding providing a full record of the debt and payments since its inception? I have been trying to get this from Natwest and Lloyds for about two months now, as I felt that their figures for the outstanding amounts were a little high, but with no success. It may be they're correct, but I have been paying them off now for around 7 years and would at least like to know whether or not their figures are right. Any ideas?

baileywoos

stapeley wrote: »

Having started on this action in DEC , THREE DCA have all failed to provide an enforceable CCA !

I sent 2 CCA requests in July 09. One to 1st Credit and one to Rockwell. Neither have produced the requested info and so both have been issued 'Default' letter and I've stopped payments.
1st Credit have suddenly sent some weird Complaints Procedure letter but that's it.

Last week I sent a CCA letter off to Ruthbridge but have yet to hear from them, I'll let you know if we do.

happymumof3

Hi,

Just wanted to say a big thanks to Rog2 for clarifying the matter regarding my CCA/account, you have been a huge help and lifted a big weight off of my shoulders, and it is very kind of you to give up your time to try and help those of us who struggle to understand the legal side of things properly!

:T

rog2

geddo19 wrote: »

Hi, I don't know if anyone can help, but I have two overdrafts which have become debts as I now no longer bank with the parties concerned. What is the banks' responsibility regarding providing a full record of the debt and payments since its inception? I have been trying to get this from Natwest and Lloyds for about two months now, as I felt that their figures for the outstanding amounts were a little high, but with no success. It may be they're correct, but I have been paying them off now for around 7 years and would at least like to know whether or not their figures are right. Any ideas?

The Bank must provide you with an up to date 'balance statement' upon request. However, in order to get full statements you will need to make a 'Subject Access Request' (SAR) to the Bank. Under the terms of the Data Protection Act, the Bank would, then, have 40 days in which to send you copies of everything they hold on file about you, including statements etc.
Please note - they are only legally obliged to send you statements for the last six years, although they may send all the statements - it is worth putting this on the letter.
There is, unfortunately, a £10.00 maximum Statutory Fee that the Bank may charge for this 'service', but they are legally bound to comply with your request, whether or not they 'charge' the fee.
A good 'Template Letter' for an SAR request can be found on Post 11 (or post 12) of http://forums.moneysavingexpert.com/showthread.html?t=963087

(it may need some amendment to suit your situation).

It is likely that the 'charges' that the Bank will, almost certainly, have levied on the account, are unlawful - you should, on receipt of the statements, consider 'reclaiming' these charges. See http://forums.moneysavingexpert.com/forumdisplay.html?f=185

rog2

happymumof3 wrote: »

Hi,

Just wanted to say a big thanks to Rog2 for clarifying the matter regarding my CCA/account, you have been a huge help and lifted a big weight off of my shoulders, and it is very kind of you to give up your time to try and help those of us who struggle to understand the legal side of things properly!

:T

Hi happymum

You are most welcome. Three years ago, before I found this forum, I was just as 'confused' about the 'gobbledygook' language, that creditors and debt collection agencies use, in order to 'mislead' debtors over, or at least scare debtors away from exploring, the protection that the Law affords those 'debtors'.
Once you get into it, it's not so daunting, though. Others, on this forum, pointed me in the right direction and it helped me enormously.
I am just happy to pass on the information that I have gained, in the hope that others may, also, benefit.

hannahb123

Hi All, Been chasing Co-op FOR NEARLY 4 MONTHS REGARDING A COPY OF MY CCA WHICH WAS ORIGINALLY WITH N/R, 3 TIMES NOW THEY HAVE SENT ME A COPY OF THE APPLICATION FORM, LAST LETTER I SENT WAS STATING IF THEY DON'T COMPLY WITHIN 7 DAYS I WOULD BE CONTACTING THE FOS AS I FEEL I HAD GIVEN THEM MORE THAN ENOUGH TIME.
RECEIVED A LETTER TODAY STATING THAT IN ACCORDANCE WITH THE CCA 1974 THEY HAVE PROVIDED ALL THEY NEED TO (APPLICATION FORM), AND THAT THEY WILL CONTINUE TO RELY ON THIS DOCUMENTATION, AND THAT IF THEY DO NOT RECEIVE PAYNMENT THEY WILL REFER THIS TO DEBT RECOVERY.

ANY ADVICE GREATLY APPRECIATED!!!!!!!!!!!!!

rog2

hannahb123 wrote: »

Hi All, Been chasing Co-op FOR NEARLY 4 MONTHS REGARDING A COPY OF MY CCA WHICH WAS ORIGINALLY WITH N/R, 3 TIMES NOW THEY HAVE SENT ME A COPY OF THE APPLICATION FORM, LAST LETTER I SENT WAS STATING IF THEY DON'T COMPLY WITHIN 7 DAYS I WOULD BE CONTACTING THE FOS AS I FEEL I HAD GIVEN THEM MORE THAN ENOUGH TIME.
RECEIVED A LETTER TODAY STATING THAT IN ACCORDANCE WITH THE CCA 1974 THEY HAVE PROVIDED ALL THEY NEED TO (APPLICATION FORM), AND THAT THEY WILL CONTINUE TO RELY ON THIS DOCUMENTATION, AND THAT IF THEY DO NOT RECEIVE PAYNMENT THEY WILL REFER THIS TO DEBT RECOVERY.

ANY ADVICE GREATLY APPRECIATED!!!!!!!!!!!!!

As they have NOT complied with their legal requirement, under the Consumer Credit Act, by failing to provide you with a compliant copy of the original executed consumer credit agreement, they are now 'in default'.
Whilst they remain 'In Default' they are not allowed to pass your details on to a debt collection agency, so if you receive any letters, or calls, from a dca, you should send that dca a copy of the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter that you will find in post 7 of the following thread; http://forums.moneysavingexpert.com/showthread.html?t=963087
Then report both the Co-op and the dca to the Office of Fair Trading and the FOS.

gargrave50

rog2 wrote: »

You can, legally, cease payments whilst they are 'in default'. Obviously, if they do come up with a true and compliant copy of the original executed agreement, they may re-commence 'collection activity' from that date, but, whilst they remain 'in default' they are not permitted to either pursue you for payment, enter any defaults on your crf, add charges/interest or pass your details to a third party for 'collection'.

Thanks Rog2:beer:,

I suppose I knew this all along - its just taking the step of stopping payments. Don't know if I have the guts!

Will try to search online to see what people's experiences of Barclaycard and F&F's are!