Cca Requests Updates Please

thechippy

Some advice please.

I have been trying to reclaim missold ppi from a barclaycard (was formerly morgan stanley, but barclaycard took over)
I'm getting nowhere with this as they are being as obstructive as possible.
The ppi amount comes out around the same as the card balance, so out of frustration I'm going down the cca request route to try to have the debt made unenforceable, so either way I get my money back.

My only concern is that I have another cc which is useful time to time. If I am successful with barclays, how likely is it that the other card company would notice an entry on my cra file and suspend use of the card?

Thanks

jenny2115

rog2 wrote: »

It is normally advisable to keep 'cca requests' and 'F&F offers' completely separate, as the creditor/dca may interpret a 'combined cca request and F&F offer as an acknowledgment of the 'debt' in its entirety.
Still - no harm done, you do have a result in that they can not provide you with a compliant copy of the original executed cca, so this, now, puts you 'in the driving seat', in that they are, now, 'in default' and have no legal right to enforce the agreements whilst they remain 'in default'.
There is no actual 'set' procedure, as such, since each cca request will differ slightly, dependent on the individual circumstances of the 'debt'.
However, you, or any 'debtor' who does not receive a cca after the expiry of the legally prescribed 12 working days, should send them the 12+2 day letter. This lets the creditor know that you are aware that they are 'in default' and that you are aware of the restrictions that being 'in default' places upon that creditor. Once it has been established, by sending the letter, that you are fully cognizant of the rights that you, as a debtor, have under the Consumer Credit Act, and are not afraid to avail yourself of those rights, a creditor, or dca, is more likely to take any F&F offer more seriously.

The 12+2 day letter can be found in post 10 of the following thread:

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

Good luck with your F&F offer. Please read the following National Debtline factsheet on Full and Final Settlement Offers:

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


Couple of 'pointers' on F&F:

• Always make your first offer lower than you can afford, as creditors will, almost invariably, reject your first offer. It is always easier to negotiate up, rather than down.
• Do not make any payment, to the creditor, until that creditor has confirmed, in writing, that your offer will be accepted as 'Full and Final Settlement' (accept no other wording) of the account, that any 'default notice' referring to this debt, on your crf, is marked as 'Satisfied in full' or 'Fully Satisfied', and that nobody will, in the future, pursue, or attempt to pursue, you for any 'balance.

Thanks Rog, will carry on reading and get my next letters sent out.

Thanks again

rog2

thechippy wrote: »

My only concern is that I have another cc which is useful time to time. If I am successful with barclays, how likely is it that the other card company would notice an entry on my cra file and suspend use of the card?

A 'dispute' with Barclaycard should have no impact on 'other card companies' unless there are, already, defaults on your crf. Even then, providing you are up to date with the other card company, they would have little, if any, reason to check your credit file.
If Barclaycard are unable to provide you with a compliant cca, then they will be 'in default' of the Consumer Credit Act and would, legally at least, be unable to enter any defaults on your crf - if they did, then you could demand that they remove them.

rog2

BlueJeans wrote: »

Rec'ed a reply from Mint today re CCA request and they have stated that they do not need to supply us with the documents as s77 relates to a loan account and as we have a credit card they are not required to supply us with the details?

The Act applies to any 'Consumer Credit Agreement', whether that be a loan, credit card or whatever.

Mint are giving you misleading information - send the 12+2 day letter.

rog2

Kudox wrote: »

Hi,
Mbna didn't supply correct CCA on request but have now passed this to Experto Credite. I have sent the "bemused letter" to them saying I don't acknowledge the debt but they are still chasing, should I CCA them or just sit tight and wait for there next move?

Neither, Kudox - you should report both MBNA and 'Experto Credite' to the OFT. MBNA had no right to pass your information to a third party, for the purposes of collection activity, whilst they were 'in default'.

BlueJeans_2

rog2 wrote: »

The Act applies to any 'Consumer Credit Agreement', whether that be a loan, credit card or whatever.

Mint are giving you misleading information - send the 12+2 day letter.

Thanks Rog2.

The 12+2 falls this Friday so I will draft letters and get them posted to all creditors. I haven't rec'ed any agreements just T&C's.

Thanks once again for all your wonderful help, you're a gem:T

rog2

rog2 wrote: »

Neither, Kudox - you should report both MBNA and 'Experto Credite' to the OFT. MBNA had no right to pass your information to a third party, for the purposes of collection activity, whilst they were 'in default'.

Forgot to add that you should, also, send 'Experto Credite' the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter that you will find on post 7 of http://forums.moneysavingexpert.com/showthread.html?t=963087

RedRobbo

Dear All,

I having problems with my morgage company, who chance there minds(add in your own pun). Everytime we make an agreement they refuse to implement what was agreed, and charge what ever they like, how can I get a copy or transcript of every conversation that we have had. Please advice?

regards

rog2

RedRobbo wrote: »

I having problems with my morgage company, who chance there minds(add in your own pun). Everytime we make an agreement they refuse to implement what was agreed, and charge what ever they like, how can I get a copy or transcript of every conversation that we have had. Please advice?

You are entitled to this information under Section 7 (1) of the Data Protection Act, and would need to send a Subject Access Request (SAR) to your Mortgage Company:

http://www.ico.gov.uk/what_we_cover/data_protection/your_rights/how_to_access_information.aspx

There is, unfortunately, a 'Statutory Fee' of £10 for an SAR, but the mortgage company will be legally obliged to send you a copy of everything that they hold on file about you, within 40 days.

Hope that helps.

G0ggy

Guys could I get a bit of further advice please?

With regards to my post about my recent CCJ, am I right in thinking that if I pay off the debt in full in 1 month I can have the CCJ removed off my credit record?