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Cca Requests Updates Please

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  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    gargrave50 wrote: »
    Thanks Rog, it was taken out January 2003 I think.

    Then AA Card Services (BoS) have not complied with their obligations under the Act.
    If the 12 working days have elapsed (as you probably already know by now ;)) then send the 12+2 day letter.

    Good luck.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • stapeley
    stapeley Posts: 2,315 Forumite
    edited 24 August 2009 at 2:00PM
    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?

    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 diffict, 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if you are reclaiming missold ppi on a card or loan, has anyone then found that the use of the card is suddendly withdrawn or the amount of credit reduced.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
    The main reason I started this thread was to help people that were being threatened and harassed by DCA,s . A CCA REQUEST puts you in control. What people do when a true signed copy can not be supplied is up to them .But they will now know that they can not be legally threatened.
  • PARIS_5000
    PARIS_5000 Posts: 868 Forumite
    I have sent off for my CCA and I have received a letter saying that they have requested it and will send it to me upon receipt. It has only been 2 working days do I wait for the 12 working days and then send follow up letter.

    What is the link for 12 days follow up letter.

    Thanks
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    PARIS_5000 wrote: »
    I have sent off for my CCA and I have received a letter saying that they have requested it and will send it to me upon receipt. It has only been 2 working days do I wait for the 12 working days and then send follow up letter.

    What is the link for 12 days follow up letter.

    Yes, you must allow them the full 12 working days (12+2 calendar days).

    Do not allow yourself, however, to be put off by any letter that you receive after the 12 working days have elapsed which, also, tells you that they are 'waiting for the cca'. I assume, from your post, that it is a dca who is pursuing you? They, often, try to divert the debtor's attention away from the fact that they, by the simple virtue of 'pursuing' you for payment, are legally required to provide you with the true copy of the original executed cca, whether they are the original lender or not.

    For the 12 (+2) follow up, use the letter that you will find on post 10 of the following thread:

    http://forums.moneysavingexpert.com/showthread.html?t=963087
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • gargrave50
    gargrave50 Posts: 3,011 Forumite
    Yes Paris :)
    LBM 30/6/9 Unsecured debts [STRIKE]£25,323.48[/STRIKE] £0 :T Debt free
    Left for life Down Under 4th August 2012 - living frugally and have learned my lessons :j:j:j:j
  • PARIS_5000
    PARIS_5000 Posts: 868 Forumite
    rog2 wrote: »
    Yes, you must allow them the full 12 working days (12+2 calendar days).

    Do not allow yourself, however, to be put off by any letter that you receive after the 12 working days have elapsed which, also, tells you that they are 'waiting for the cca'. I assume, from your post, that it is a dca who is pursuing you? They, often, try to divert the debtor's attention away from the fact that they, by the simple virtue of 'pursuing' you for payment, are legally required to provide you with the true copy of the original executed cca, whether they are the original lender or not.

    For the 12 (+2) follow up, use the letter that you will find on post 10 of the following thread:

    http://forums.moneysavingexpert.com/showthread.html?t=963087


    Thank you Rog2
  • Hi Rog2

    Firstly sorry for not getting back to you re the other agreements. Been a bit manic here with the kids. Another quick question if you don't mind.

    Halifax sent us our agreement (rece'ed today) and I notice on it This Agreement is governed by English Law: T36R CBHTIE4 01/10/08:confused:. Our agreement was taken out long before this.

    I am really confused.

    If you don't mind I will scan all the CCA rec'ed so far and if you could cast your eye over them as I can't make head nor tail from them.

    I noticed that you mentioned above about the fees etc capped at £12 and mine all seem to have that even though they would have been taken out long before this applied.

    Sorry to be a pain and once again thank for all your help.

    Will scan now and post a link asap.

    TIA
    Blue
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    BlueJeans wrote: »
    Halifax sent us our agreement (rece'ed today) and I notice on it This Agreement is governed by English Law: T36R CBHTIE4 01/10/08:confused:. Our agreement was taken out long before this.

    I noticed that you mentioned above about the fees etc capped at £12 and mine all seem to have that even though they would have been taken out long before this applied.

    Then they will, most definitely, not be true copies of the original executed consumer credit agreement, to which you are entitled and which they were legally obliged to provide.

    I will look at them, once you have 'uploaded' them - Don't forget to remove/blank any personal info - but, from what you say, these agreements do not refer to your 'debt' and will not, therefore, be enforceable.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • rog2 wrote: »
    Then they will, most definitely, not be true copies of the original executed consumer credit agreement, to which you are entitled and which they were legally obliged to provide.

    I will look at them, once you have 'uploaded' them - Don't forget to remove/blank any personal info - but, from what you say, these agreements do not refer to your 'debt' and will not, therefore, be enforceable.

    Thanks Rog

    I am currently trying to get photobucket to listen to me and let me upload the Halifax One.

    I will post it first and will do the others soon as well.

    Thanks again
    B
  • BlueJeans_2
    BlueJeans_2 Posts: 297 Forumite
    edited 24 August 2009 at 4:44PM
    Hi (again:o)

    I think I have managed to upload:o.

    http://photobucket.com/halicc

    Hope this works - fingers crossed.

    Just a bit of background as to why there are two agreements. We took out the first agreement during 2004 and then during May/June 2008 they changed our agreement, I think from Visa to Mastercard or vice versa (I do have the statements so I can check if you need).

    I think the first couple of pages have moved to the end of the images:confused:.

    Thanks again Rog for your help.
    B

    ETA: I think Barclaycard agreement has now ended up in that Album - heck I have no idea what I'm doing
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