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Cca Requests Updates Please

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  • Hi,
    have just returned from a week away with relatives expecting to find some interesting post but have received absolutely nothing !!!! so that means that the only CCA reply letter i have had off anybody is the one from egg (on photobucket), the time limit was up on 24/25 August for all of them.

    Should I now send the 12 + 2 letter or am i getting confused (that really isnt difficult for me!!!!!!!!!!!!!!)

    Also, to ROg2, I wondered if you had any views yet on the egg agreememt i posted ?? I know you have loads of requests and thanks for looking , regards CW
  • gargrave50
    gargrave50 Posts: 3,011 Forumite
    rog2 wrote: »
    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?

    Thanks Rog, sorry I haven't replied sooner - nightshift!

    I took the agreement out in my married name. I note with interest that on my credit record they have my DOB as my husbands! To be fair it is very similar - same date same year different month!:confused:
    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
  • gargrave50
    gargrave50 Posts: 3,011 Forumite
    rog2 wrote: »
    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. :angry::angry:

    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

    Interesting Rog, they certainly have NEVER informed me they were passing the account on. Any correspondence I have had in relation to this particular account are Lowell Financial. Similarly scum, or perhaps the same scum as Brian Carter? One in the same possibly?:confused:

    Will do - with reference to the post 7 letter. In the meantime will print off a standard "you have not provided a true copy of the executed agreement".:D
    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
  • gargrave50
    gargrave50 Posts: 3,011 Forumite
    Bazza66 wrote: »
    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).

    Bazza, thanks for the reply. I hadn't actually considered this - interesting point. Should I include reference to this in the letter I'm planning to send? (see above post) :D

    Also, I haven't ever signed my name to any of the letters I've sent re: CCA or payment offers. I have instead initialled them.

    However, the agreement they sent to me reminds me of some purchases I made around this time. E.g. Our new TV was purchased via them on 0% for 52 weeks and I recall them sending out a credit agreement to be signed for this item in particular? Not sure if this has anything to do with what they have sent me.

    Also from memory I recall them writing to say they were changing everyone's account numbers - could they have sent out new CCA's for signature around this time. And if so, and I have signed one - does that mean I am gubbed?:confused:

    Going up to the attic tonight to search out my oldest statements for Choice to "prove" the account opening date is wrong. All advice appreciated thanks:o
    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
  • gargrave50
    gargrave50 Posts: 3,011 Forumite
    rog2 wrote: »
    For now, yes - but don't throw away what they have sent you as it could be evidence, if needed, of fraud.

    I have a lovely big folder where I keep everything the nasty creditors send me:D

    Its bursting at the seams :rotfl::rotfl::rotfl::rotfl:
    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
  • rog2 wrote: »
    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

    Thanks for that Rog2 will wait and see when BOS get in touch and get back to you.
    :idea: Had lbm, switched it off too many times. Now am trying to sort my life out :T:T

    :T Proud Supporter of Niddy :T
  • hariboh
    hariboh Posts: 75 Forumite
    hariboh wrote: »
    Hi all







    Lloyds Tsb
    Thank you for your recent letter.

    Please not that section 78 of the consumer Credit Act 1974 ("cca") is entirely seperate from the Data Protection Legislation and Data Subject Access Requests. As such, we are only obliged to comply with request made under section 78 of the CCA if we receive the fee stated in section 78(1). The fee is currently £1 (Which was sent with the request).

    Unfortunately we have not yet received enough details from you to find and process your request. Please re-sent your letter with the relevent card numbers, account details, up to date address details and any previous addresses. Lloyds tsb credit cards generally contain 15 or 16 digits (which was put on the request letter).

    If you would still like to make a request pursuant to section 78 of the CCA, please write with the appropriate authorisation and fee(I have already paid this arghh) to Blah Blah Blah .

    I hope i have clarified our position.

    Just received a letter from BLS today, which I believe are part of the TSB group, demanding payment, I have just sent the 2nd letter to the TSB recorded delivery last saturday, again requesting a true copy of a CCA, and my question is .... is there anything else I need to do or do I wait on a reply from TSB... and if they cant supply me with a true copy of the CCA, report them???
    LBM May 2009
    Debts as of June 2009- £27000
  • hariboh
    hariboh Posts: 75 Forumite
    bump...............
    LBM May 2009
    Debts as of June 2009- £27000
  • blueforyou
    blueforyou Posts: 152 Forumite
    hariboh wrote: »
    bump...............

    Hello, if you sent your name address and account/card number surely they have enough?. I would not send any other data other than name/address/account number.
  • RIANNA30
    RIANNA30 Posts: 22 Forumite
    rog2 wrote: »
    Initially the Office of Fair Trading, RIANNA, as this is a legally disputed debt.

    Also worth talking to the Financial Ombudsman - www.financial-ombudsman.org.uk/consumer/complaints.htm

    When I had an issue with Metropolitan/HSBC I copied my complaint letter to the CEO of HSBC and, finally, got a result. They are a particularily difficult company to 'deal' with.

    After sending a strongly worded letter to mcs, it appears to have finally spurred them into action.

    I originally requested the cca for a hsbc card back in Feb, a credit card that was taken out in 98 (back in the days of midland bank I think) and was upgraded to a hsbc gold card around 2001. I've now had a huge wadge of paper through with a letter that states:

    'The copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulation 7 of those regulations also requires us to provide a copy of the executed agreement, as varied, where there is a power to vary the terms of the agreement, which there is with your card agreement and that power has been exercised to vary the agreement, which again is the case with your agreement.

    We therefore enclose an up to date copy of the terms and conditions applicable to your account, a copy of the latest variation notice issued in respect of your account and a blank copy of the agreement form. The agreement form contains the original terms and conditions that you accepted when you entered into the agreement. Clause 7.6 gives the bank the right to vary the terms and conditions. The variation notice shows that the terms have been varied and therefore in accordance with this legislation the up to date terms and conditions are the appropriate information to produce'

    They have sent
    Current terms and conditions
    Notice of variation to terms (2005)
    Historic terms and conditions for Midland
    Blank copy of a midland agreement form (the only details that is asks for are name and address)

    Now I know that they have not complied (I think they're wrong anyway!) and what they have sent is frankly a waste of paper, is my next step to contact the FOS? (as hsbc suggest):confused:

    Any advice is always appreciated!
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