Cca Requests Updates Please

rog2

BlueJeans wrote: »

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).

Did you actually sign a new agreement in May/June 2008, Blue?

Other than that question, the other agreement is, certainly, only a copy of their current agreement/T&Cs and would, as it stands, not be compliant.

BlueJeans_2

rog2 wrote: »

Did you actually sign a new agreement in May/June 2008, Blue?

Other than that question, the other agreement is, certainly, only a copy of their current agreement/T&Cs and would, as it stands, not be compliant.

Hi Rog

No new agreement was signed during May/June. They changed our agreement number and everything but no credit agreement was rec'ed (to the best of my knowledge).

The other agreements (Sky, B'Card, Capital One and MBNA) I think have now been added to the above album.

Thanks a million
Blue

stapeley

Some banks and card companies fearing they were sitting on unenforceable agreements , sent out new agreements asking them to be signed and returned . In most cases with credit cards taken out years ago , the companies did not bother to keep the agreements safe,or microfilmed them and they have been lost in the vaults .

rog2

BlueJeans wrote: »

The other agreements (Sky, B'Card, Capital One and MBNA) I think have now been added to the above album.

Certainly all of these agreements appear to be copies of current T&Cs - not the 'executed' agreement.

I'm still a bit confused re. Halifax as they appear to have sent 'agreements' for both 'pre' change and current T&Cs. I need to take further advice. Hopefully I can get fermi to have a look - he's more of a 'legal beagle' than me, but, in my opinion, if you did not request the change, then the first agreement should still be applicable. I'll be back.

BlueJeans_2

Thanks Rog.

I checked with OH and he doesn't remember getting a 2nd agreement either. We just got a letter confirming the change. I'm a hoarder so I may still have any communication from them which I will try and dig out.

Blue

BlueJeans_2

Hi

Just a quick update re Halifax. I have checked through my statements and I can't seem to find anything about the change of agreement. It happened during May 08 as the card number changed on that statement.

The account seems to have the same interest rates etc and they are both known as Halifax One (nothing else appears different other than the card #). The second 'agreement' was definitely a M'card and I am 95% sure the first one was Visa.

rog2

BlueJeans wrote: »

The account seems to have the same interest rates etc and they are both known as Halifax One (nothing else appears different other than the card #). The second 'agreement' was definitely a M'card and I am 95% sure the first one was Visa.

The 'first' agreement quotes the £25 'penalty charges' and may be compliant, but only for the card that you first applied for. The 'second' agreement quotes the £12 'penalty charges' and would only be compliant if it relates to a card that you had requested. If Halifax changed the cards at their own behest, you should, in my opinion, have been informed and asked if you wanted to take out another agreement.

G0ggy

Ok posting in this thread on advice, not sure if much can be done though.

I received a demand from Lowell Portfolio for a £3k which was defaulted when I split from my wife a few years ago. I cannot tell you the exact date as it no longer appears in default on my credit report due to circumstances below.

I offered Lowell £50 a month, but also adding I would try and send supplemental payments when money allowed to reduce the debt as quick as I could. I received a letter back from them stating this was not enough and unless I increased the offer they would take the matter to court.

I did not know about the information to request a CCA as this point, I think the original account was with Egg, but the ex and I has a number of accounts so I cannot be sure. I informed Lowell that I would not be increasing my monthly offer as I did not want to offer what I could not afford.

Shortly afterwards I received paperwork demand from the Money Claim website. I completed the admitted form and offered £50 per month. I have now received judgement back, saying the claiment disputes the offer, and that I should pay £50 per month?

I don't understand why they are disputing, yet the payment amount is the same, and why they took me to court and have now knackered my credit file when they are going to get what I offered in the first place.

On a final note, I don't understand the Experian credit score service, I've just paid £5.95 to see how my credit rating is after it has been sullied with this judgement and it is still sitting at 900 Good rating.

I'm deeply upset that this information remains on credit files for 6 years! At which point I'll be 44, can you even apply for a 25 year mortgage at that age?

I've read a lot of information in this thread about people asking for original credit agreements, but I assume this sort of action is out of my reach now?

pebbles88

rog2 wrote: »

The 'first' agreement quotes the £25 'penalty charges' and may be compliant, but only for the card that you first applied for. The 'second' agreement quotes the £12 'penalty charges' and would only be compliant if it relates to a card that you had requested. If Halifax changed the cards at their own behest, you should, in my opinion, have been informed and asked if you wanted to take out another agreement.

hmm, seems halicrap are good at sending out 2 of each agreements, they did this with me.... TBH i still dont know where i stand, as one in maiden name, one in married, diff charge amounts on each one for missed/late payments etc also, neither signed also...

rog2

G0ggy wrote: »

I received a demand from Lowell Portfolio for a £3k which was defaulted when I split from my wife a few years ago. I cannot tell you the exact date as it no longer appears in default on my credit report due to circumstances below.

If it was more than six years since you either made a payment towards the debt, or acknowledged it in writing, BEFORE you started making payments to LOWELL :eek: then the 'debt' would have been covered by the Limitation Act, 1980, and would be Statute Barred, making it unenforceable through the Courts. Even the fact that you have started making payments again should not deter you from checking your last payment date, to original creditor, as, if you recommenced payments after the Limitation Period had elapsed, the debt would remain Statute Barred:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act


I offered Lowell £50 a month, but also adding I would try and send supplemental payments when money allowed to reduce the debt as quick as I could. I received a letter back from them stating this was not enough and unless I increased the offer they would take the matter to court.

I did not know about the information to request a CCA as this point, I think the original account was with Egg, but the ex and I has a number of accounts so I cannot be sure. I informed Lowell that I would not be increasing my monthly offer as I did not want to offer what I could not afford.

You may request a copy of your cca at ANY time, whether you are making payments or not. Once you have made your request, and paid them the £1 Statutory Fee, Lowell would have 12 working days in which to provide you with a true and compliant copy of the original executed consumer credit agreement and, providing that you include the request with your cca request, any 'notes of assignment' proving their right to pursue this debt.


Shortly afterwards I received paperwork demand from the Money Claim website. I completed the admitted form and offered £50 per month. I have now received judgement back, saying the claiment disputes the offer, and that I should pay £50 per month?

I don't understand why they are disputing, yet the payment amount is the same, and why they took me to court and have now knackered my credit file when they are going to get what I offered in the first place.

On a final note, I don't understand the Experian credit score service, I've just paid £5.95 to see how my credit rating is after it has been sullied with this judgement and it is still sitting at 900 Good rating.

It is possible that any 'defaults' relating to this debt, had already fallen off of your crf.

I'm deeply upset that this information remains on credit files for 6 years! At which point I'll be 44, can you even apply for a 25 year mortgage at that age?

Whilst it may limit your choice, the odd 'default' is unlikely to have too much of an effect on your ability to get a mortgage.


I've read a lot of information in this thread about people asking for original credit agreements, but I assume this sort of action is out of my reach now?

No, it's never too late. Even if a CCJ has been obtained against you, the inability to provide you with a copy of the cca would enable you to apply to have any such 'judgement' set aside:

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

If I was you, GOggy, I would go for it.