Cca Requests Updates Please

scarednshakin

Hi Shell64 many thanks for the reply about Monument, will wait and see what comes back to me. Checked last night, they have received the letter so hopefully will hear something.

rog2

kinjo1 wrote: »

Hi guys,

Can anyone point me to a F&F settlement letter template?

Any advice on how much i should offer and what wording should be included would be much appreciated.

Barclaycard could not produce valid CCA and its been 5 months now so hoping to get the matter resolved soon.

Certainly, kinjo:

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

Barclaycard are not the 'easiest' of creditors to deal with, so offer a bit less than you can afford (suggest start around 20 - 25%) and be prepared to negotiate up a bit (not too much, though).

Do not make any payment until they have agreed, in writing, that your payment will be accepted in 'Full and Final Settlement' (accept no other wording) of the account and that they will mark any entries on your crf as 'fully satisfied'.

Good luck.

rog2

emmaBZ wrote: »

so a far as im aware they still need to send me the CCA ?

Certainly does not sound as if they have sent you a compliant copy of the original executed consumer credit agreement.

thechippy

Interesting thread indeed.

May I pose some questions? (sorry if they've been asked before, but nearly 200 pages to read through...!!)

1. If a cc debt / loan has been deemed unenforceable and payments are no longer being made, is it statute barred after 6 years, or does it still remain?

2. If you request the original loan agreement, does the lender assume you may be up to something and then become difficult, even thoug you may be up to date with payments? When I say difficult, I mean would they call in the loan etc

3. Likewise, if you are reclaiming missold ppi on a card or loan, has anyone then found that the use of the card is suddendly withdrawn or the amount of credit reduced.

Thanks guys, just interested

gargrave50

rog2 wrote: »

I am 'running about' a bit, between posts, this afternoon, but I will spend some time on your 'egg' query - I promise.

What a gem you are Rog2 - where would we be without you? :beer:
Hope everyone is remembering to give Rog big thanks

rog2

thechippy wrote: »

Interesting thread indeed.

May I pose some questions? (sorry if they've been asked before, but nearly 200 pages to read through...!!)

1. If a cc debt / loan has been deemed unenforceable and payments are no longer being made, is it statute barred after 6 years, or does it still remain?

The 'debt' remains unenforceable whilst the creditor, or dca, remains 'in default' by not having provided a compliant copy of the original executed consumer credit agreement. Since a cca request does NOT constitute 'written acknowledgement' of a debt, then the debt remains subject to the terms of the Limitation Act, 1980, and will, therefore, still become 'unenforceable through the Courts' on completion of the 'Limitation Period' - i.e. Six years from either the last payment towards, or written acknowledgement of, the debt by the debtor. (Please note that the 'Limitation Period' in Scotland is FIVE years. This will 'happen' irrespective' of the status of the debt in respect of a cca request.


2. If you request the original loan agreement, does the lender assume you may be up to something and then become difficult, even thoug you may be up to date with payments? When I say difficult, I mean would they call in the loan etc
I have no doubt, whatsoever, that the lender will, indeed, suspect that you 'may be up to something'. However, this will not, nor should it, affect their legal obligations under the Consumer Credit Act, and should not, in itself, give a creditor any right to 'call in the loan' - in fact, if they do not supply a true and compliant copy of the original consumer credit agreement within the prescribed legal time frame, they would be powerless to do so, anyway.

Can't answer your third point, though - sorry.

thechippy

Many thanks Rog2........:beer:

gargrave50

Hi Rog, hope you are still about. I received a response to my CCA request from AA visa today which I've uploaded to photobucket. Wonder if you could take a moment to have a look at this for me. Again it refers to a reconstituted agreement, and this interestingly was a tick box if I wanted to apply for a credit card when I received the documents from my AA loan. I don't recall anything else. Grateful for your comments as always.:)

http://s740.photobucket.com/albums/xx46/gargrave50/aa%20visa/

rog2

gargrave50 wrote: »

Hi Rog, hope you are still about. I received a response to my CCA request from AA visa today which I've uploaded to photobucket. Wonder if you could take a moment to have a look at this for me. Again it refers to a reconstituted agreement, and this interestingly was a tick box if I wanted to apply for a credit card when I received the documents from my AA loan. I don't recall anything else. Grateful for your comments as always.:)

http://s740.photobucket.com/albums/xx46/gargrave50/aa%20visa/

Again, it would appear that the AA (aka Bank of Scotland) have sent you a copy of the agreement that is currently in use, as evident by the 'new' rate of charges (£12 penalty).
When did you take out the card? If it was before these 'capped' charges were introduced, then the agreement does not constitute a 'true and compliant copy of the original executed consumer credit agreement' and would, therefore, not be 'enforceable'.

I note, with interest, that many creditors are, now, including, on their covering letters, advice against using any of the fee charging 'claims management companies' - probably the only thing that they say with which I am in full agreement. Don't, however, let this put you off.

gargrave50

Thanks Rog, it was taken out January 2003 I think. Thanks for your (as ever) wonderful advice.

Yes, I noticed the clause creditors are including - I agree that these "claims management companies" are a rip off