Cca Requests Updates Please

rog2

gargrave50 wrote: »

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

For what it's worth, gg - my own experience with Barclaycard, and their in-house Dobermans - Mercers - were that they were extremely difficult to 'deal' with.

GirlRacer_2

Hi Guys, Have received a letter back from Shapely Figures relating to a copy of the CCA. They have sent us a copy of a CCA. It has not been signed by my sister and the agreement was taken out on 11th February 2006. Is this legal? They have also sent a letter stating that they have provided her with a 'True Copy' and there is no basis to allege that she is exonerated from payment under the agreement.

The letter goes on to say that should she not maintain payments, all collections activity will cease and the fact of non-payment will be registered with a licenced CRA and will remain on fine for 6 years. Does that mean they will not chase her for payment and if so they are agreeing that thje debt is in dispute and therefore I thought they were not allowed to register is as a default. Am I correct here?

gargrave50

Hi GR,

That sounds like a strange response. There is no obligation for them to produce a signed copy of the agreement unless your sister sends an SAR and £10.

However, despite stating they have provided a "true copy" they are contradicting themselves. Does what they sent include the "prescribed terms"?

Anyway, sounds like they are not planning to chase her for payment strangely - I assume the agreement has not been properly executed but its difficult to say without seeing it

rog2

GirlRacer wrote: »

Hi Guys, Have received a letter back from Shapely Figures relating to a copy of the CCA. They have sent us a copy of a CCA. It has not been signed by my sister and the agreement was taken out on 11th February 2006. Is this legal? They have also sent a letter stating that they have provided her with a 'True Copy' and there is no basis to allege that she is exonerated from payment under the agreement.

The letter goes on to say that should she not maintain payments, all collections activity will cease and the fact of non-payment will be registered with a licenced CRA and will remain on fine for 6 years. Does that mean they will not chase her for payment and if so they are agreeing that thje debt is in dispute and therefore I thought they were not allowed to register is as a default. Am I correct here?

Hi GR - have you established that the cca they sent is, indeed, a 'true and compliant copy of the executed cca', yet? Or have they sent you a copy of the 'application form' or their current cca? A good way to check is by dates.

Does it contain all of the legally required terms? http://forums.moneysavingexpert.com/showpost.html?p=7869437

Strange wording from Shapely Figures. If, as I suspect, they are 'in default' they certainly can not register any defaults whilst they remain in default. Your sister would be within her rights to demand that any 'such entered' default be removed, and she should report such behaviour to the Office of Fair Trading.

chinawhite_2

Hi
I have now received one reply from the CCA letters I sent 7th August. I have received from egg a piece of paper signed by both of us and headed "your rights and loss or misuse of egg card" and a separate piece headed egg card agreement for and my ex's name - on the top of this piece of paper it says this was sent to you on 6th June 2002 - this has what i think are the prescribed terms on it
Im a bit confused, is this a true copy ?? also i have an egg card account and a egg money account, does this one agreement cover both (they were not taken out at the same time) or should I have an agreement for each account ( i requested copies for both accounts in original letter)
any help appreciated as I am certainly no expert at this :cool:
thanks

gargrave50

Hi chinawhite, it is difficult to advise without seeing the agreement. Can you scan it onto photobucket and post the link to let us take a look?

It depends what an egg money account is - excuse my ignorance! The agreements generally apply to credit cards, loans, mail order etc.

GirlRacer_2

rog2 wrote: »

Hi GR - have you established that the cca they sent is, indeed, a 'true and compliant copy of the executed cca', yet? Or have they sent you a copy of the 'application form' or their current cca? A good way to check is by dates.

Does it contain all of the legally required terms? http://forums.moneysavingexpert.com/showpost.html?p=7869437

Strange wording from Shapely Figures. If, as I suspect, they are 'in default' they certainly can not register any defaults whilst they remain in default. Your sister would be within her rights to demand that any 'such entered' default be removed, and she should report such behaviour to the Office of Fair Trading.

They have sent a copy of a CCA, it's obviously a standard one that is sent to everyone. It states the terms and conditions etc but it was not signed and as the agreement was taken out in February 2006 I wonder if a signature was essential back then for it to be enforceable.

rog2

GirlRacer wrote: »

They have sent a copy of a CCA, it's obviously a standard one that is sent to everyone. It states the terms and conditions etc but it was not signed and as the agreement was taken out in February 2006 I wonder if a signature was essential back then for it to be enforceable.

No, GR - a 'signature' has never been a legal requirement of a ca request, but, if what they 'sent' you did not contain all of the required terms, then it would not be enforceable. If your sister is contesting the cca, and it goes to Court, the Judge could demand to see the original 'signed' agreement, on reading her defence, before he/she ruled it 'enforceable'.
Only an SAR (Subject Access Request) would put a legal obligation on them to supply a copy of the original 'signed' agreement.

chinawhite_2

Hi thanks,
I will try and scan and upload onto photo bucket - egg money is a credit card but you get cashback on it, its a different card with a different account number.

Hopefully will manage to figure out photobucket tommorow :cool:

Lexicon

Hi All,

I Contacted a DCA with a CCA request back in Feb/March. I have had no CCA but keep receiving a letter from Hillesden Securities every 21 days that states:-

"Further to our previous letter regarding the above account, I can confirm and advise the following:-
1. We are following up your request for a copy of the original documentationwith our client Hillesden Securities Ltd. When this becomes available we will forward a copy to you.
2. Your account is on hold and all further action has been suspended in anticipation of receiving the documents required."


Q. If they havent been able to produce the CCA I requested by now is it likely they will be able to?

Q. What can I do to get them to close this down and leave me alone?

Any help regarding this would be greatfully received

regards

Lex