Cca Requests Updates Please

rog2

G0ggy wrote: »

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?

In a way, yes, GOggy - if you receive a 'Judgement' from a County Court (CCJ) you are, normally, given 28 days to pay that judgement in full, otherwise it will be marked as 'defaulted' on your credit file.
But, be careful, if the CCJ already appears on your crf, you may need to ask the Court for a 'Certificate of Satisfaction', for which there will be a small charge, in order to request that the entry is marked as 'Satisfied' or 'Fully Satisfied'. For more information, speak to the Court Office - you will find them most helpful.
Either way, this does not affect your right to question the validity of the CCJ at any time.

gargrave50

Hi Rog (or anyone else who might be able to offer some help!)

I received the following as a response to my CCA request for Choice one of my Shop Direct accounts. The account was open around 2005/6 and I have evidence of making payments and receiving statements from around then.

They wrote to me enclosing a signed CCA (see photobucket link), however it is dated 11/08. Their accompany letter refers to the account being opened 14/10/08. I haven't looked to see whether it contains prescribed terms etc - I am more concerned with how this "signed agreement" came about.

http://s740.photobucket.com/albums/xx46/gargrave50/choice%20cca/

rog2

gargrave50 wrote: »

They wrote to me enclosing a signed CCA (see photobucket link), however it is dated 11/08. Their accompany letter refers to the account being opened 14/10/08. I haven't looked to see whether it contains prescribed terms etc - I am more concerned with how this "signed agreement" came about.

Is it your signature, gargrave?

Is there anything about it that might indicate that the 'signature' has been uplifted?

Certainly, as you have proof that you opened, indeed paid into, the account three years before the date of the agreement, this can not be a true copy of the original executed cca.

gargrave50

Thanks Rog, this is my signature but certainly only in the last couple of years (took 5 years to master my married name). Just send the standard - not a true copy letter?

rog2

gargrave50 wrote: »

Just send the standard - not a true copy letter?

For now, yes - but don't throw away what they have sent you as it could be evidence, if needed, of fraud.

Did you take out the original agreement in your married, or maiden, name? If you took it out in your maiden name, did you, perhaps, inform them of your name change?

rog2

gargrave50 wrote: »

They wrote to me enclosing a signed CCA (see photobucket link), however it is dated 11/08. Their accompany letter refers to the account being opened 14/10/08. I haven't looked to see whether it contains prescribed terms etc - I am more concerned with how this "signed agreement" came about.

http://s740.photobucket.com/albums/xx46/gargrave50/choice%20cca/

I also see that they have 'assigned' this debt to 'PO BOX 650 - Weybridge' :huh:

That is the address of a particularily nasty 'carbuncle on the face of humanity' that plies their ever more dubious trade under the pseudonym of Brian CARTER - Solicitors. They are, in fact, no more than 'Debt Collectors' and persistent little blighters, too.

Shop Direct had no right to pass on your details as the 'debt' is in dispute - even less, now that they are 'in default'. So if, as you doubtless will, you receive a letter from 'Brian CARTER - Solicitors', then you should send them the FORMAL NOTICE - ACCOUNT IN DISPUTE letter that you will find on post 7 of my favourite thread - http://forums.moneysavingexpert.com/showthread.html?t=963087

Bazza66

gargrave50 wrote: »

Hi Rog (or anyone else who might be able to offer some help!)

I received the following as a response to my CCA request for Choice one of my Shop Direct accounts. The account was open around 2005/6 and I have evidence of making payments and receiving statements from around then.

They wrote to me enclosing a signed CCA (see photobucket link), however it is dated 11/08. Their accompany letter refers to the account being opened 14/10/08. I haven't looked to see whether it contains prescribed terms etc - I am more concerned with how this "signed agreement" came about.
http://s740.photobucket.com/albums/xx46/gargrave50/choice%20cca/

I notice it also says you have paid £180 in the last 12 months. 12 months would take it back to before the account was opened (according to their date).

Bazza66

gargrave50 wrote: »

Thanks Rog, this is my signature but certainly only in the last couple of years (took 5 years to master my married name). Just send the standard - not a true copy letter?

When you sent the CCA letter did you sign it? Or did you just print your name?

scarednshakin

Ok need some help again. Asked Bank of Scotland for CCA and they sent out a agreement with current address on it and charges listed as £12, it says at the top 'this is a copy of your agreement for you to keep. It includes a notice about your cancellation rights which you should read'.

Also sent out Bank of Scotland classic visa/mastercard credit agreement regulatd by CCA 1974 conditions of use (which is another address, not the one stayed at when card was taken out).

Today I received in the post a copy of my application form which they have said 'please find enclosed a copy agreement as requested'.

They have already had the 12+2 day letter. Now really confused, can anyone help???

rog2

scarednshakin wrote: »

They have already had the 12+2 day letter. Now really confused, can anyone help???

You don't actually need to do anything, sns. BoS are 'in default' of their obligations under the Act. They could be trying to 'confuse' you into thinking that they have, in fact, complied with their obligations, but they haven't.

If they, or a dca 'on their behalf' chases you for payment, you should send them a copy of the 'FORMAL NOTICE - ACCOUNT IN SISPUTE' letter - post7 of http://forums.moneysavingexpert.com/showthread.html?t=963087