Cca Requests Updates Please

GeorgeUK

That's great news that the FOS have said that Pebbles. Did they by any chance put this in writing? If not, could you ask them to (ask in a letter)?

You could state in the F&F letter that FOS have made you aware that there is no signed agreement and you understand that this makes the debt unenforcable, therefore no interest or charges can be added and that payment need not be made until the debt is enforcable. Although you understand that the debt still exists you also understand that a judge would need to be presented with a signed and properly executed credit agreement should they try to enfoce this through the courts and as this does not exist, the debt cannot be made enforcable.

While you do not intend to make payment towards an unenforcable debt, as a gesture of good will you are willing to make a full and final settlement offer of xxx which also takes into account any unlawful charges. This offer is made on the clear understanding that, if accepted, neither they nor any associate company will take any other action to pursue this debt in any way whatsoever and that we will be released from any liability for the debt, that the balance on the credit file be marked as nil, that any default be removed from your file and that the debt be marked as "satisfied" in full.

When was the last time you made payment towards the debt?

I would send something along these lines, but also beef it up with quotes from the legislation to make your case before they try any court action. Possibly also quoting from any case law that deals with unenforcable CCA's. The consumeractiongroup forum should have plenty of this floating around.

GeorgeUK

Paris, there's no problem in giving them extra time. You are not required to send the 12+2 day letter, but we do this just to make sure you've covered everything and that you can show that you have given them every opportunity to respond. A few extra days won't make a difference.

GeorgeUK

Hariboh, it doesn't look like they have provided a copy of the agreement. They may be able to argue that the reproduction of data there meets their requirements but i'm not even sure of that. Most of it is just T&C.

It may be better to issue a subject access request and get a copy of the original agreement. Then at least you would know what they may take to court if it went that far.

pebbles88

GeorgeUK wrote: »

That's great news that the FOS have said that Pebbles. Did they by any chance put this in writing? If not, could you ask them to (ask in a letter)?

You could state in the F&F letter that FOS have made you aware that there is no signed agreement and you understand that this makes the debt unenforcable, therefore no interest or charges can be added and that payment need not be made until the debt is enforcable. Although you understand that the debt still exists you also understand that a judge would need to be presented with a signed and properly executed credit agreement should they try to enfoce this through the courts and as this does not exist, the debt cannot be made enforcable.

While you do not intend to make payment towards an unenforcable debt, as a gesture of good will you are willing to make a full and final settlement offer of xxx which also takes into account any unlawful charges. This offer is made on the clear understanding that, if accepted, neither they nor any associate company will take any other action to pursue this debt in any way whatsoever and that we will be released from any liability for the debt, that the balance on the credit file be marked as nil, that any default be removed from your file and that the debt be marked as "satisfied" in full.

When was the last time you made payment towards the debt?

I would send something along these lines, but also beef it up with quotes from the legislation to make your case before they try any court action. Possibly also quoting from any case law that deals with unenforcable CCA's. The consumeractiongroup forum should have plenty of this floating around.

Hi George,

im just awaiting the letter from FOS now to see what it says in it.
I have been making token payments since jan. I fully intend to try and negotiate a F&F, just gonna wait and see if i have to chase the fos for the proof in writing from natcrap.

Broken_hearted

Marks and Spencer are still sending statements adding interest. Have sent it back as unsolisitored mail. Will see if they respond to this tactic as they ignor everything else said to them.

natters_2

Make sure you keep all correspondence folks - file it away - but NEVER bin it!

I am starting to get calls again from dca's - it would appear they go quiet for 6 months or so - then maybe hope you've thrown away correspondence.
A man from Cabot told me today that 12 working days was completely unrealistic to expect a CCA and that I am totally wrong saying that they are legally obliged to provide it - that it is done as a courtesy - and I should request it from the original lender.
I have to say that although I must have really wound him up with my parrot fashion repetition of the "rules" he kept his cool and was completely polite - a first for me when dealing with them.

pinkie_pie

Hello! Received this letter today from hsbc, I offered 500 f&f, the debt is at 1061 I think... what do i do next? Can't really afford any more but I want to clear it.... http://www.picturetrail.com/sfx/album/view/22502889


also got a letter from additions after my 12+2.... I was thinking of a f&f next, what would be acceptable? Debt is 700 i think... http://www.picturetrail.com/sfx/album/view/22502889
http://www.picturetrail.com/sfx/album/view/22502889

aj2703

natters wrote: »

Make sure you keep all correspondence folks - file it away - but NEVER bin it!

I am starting to get calls again from dca's - it would appear they go quiet for 6 months or so - then maybe hope you've thrown away correspondence.
A man from Cabot told me today that 12 working days was completely unrealistic to expect a CCA and that I am totally wrong saying that they are legally obliged to provide it - that it is done as a courtesy - and I should request it from the original lender.
I have to say that although I must have really wound him up with my parrot fashion repetition of the "rules" he kept his cool and was completely polite - a first for me when dealing with them.

What makes you say they think you may have thrown away the correspondance..?.

natters_2

I said maybe they hope - not think - not everyone keeps correspondence (even though they should)

Weekend_warrior

Hi All,
I'm looking for some advise and I am sorry if I have posted in the wrong area of the site.
I am having a real hard time with my Mortgage provider Bank of Scotland.
The story is back in 2004 I was forced to give up work to care for my Wife, I was getting my mortgage intrest payed by the D.S.S. but I had a shortfall between the D.S.S. payments and the amount of my mortgage so I agreed to pay £100 per month which I found a real struggle anyway my wife died in May 2009 and as I was on my own the D.S.S. payments have changed so I got a fresh letter from Bank of Scotland saying I had a shortfall of £20 per month.
I phoned the bank to query this amount as up to this point I was paying £100, the bank said in May there was no need to set up a standing order for £20 per month as the would take the £20 of the £2734.87 I had accumilated to my account as a result of my £100 per month payments.
I asked why they had let me run this amount up when I was struggling to pay the £100 per month and they should have informed me that £100 per month was to much, I got the usual waffle, I then asked for the overpayment to be returned and they said no as the D.S.S. could ask for their money back at any time, I stressed that the £100 per month was my personal money and not D.S.S. money but they wouldn't move their position.
I contacted the D.S.S. who said that even if major fraud was proven against me the D.S.S. would reclaim the mortgage intrest payments from me and not the bank.(they also said the banks statement was rubbish)
I wrote a letter to the bank back in May asking for them to reconsider their position and told them of my finding with the D.S.S., I also asked them if they are going to continue to hold my overpayment as a sort of deposit/retainer does this mean that everyone who is having their mortgage intrest payed by the D.S.S. must lodge the same deposit/retainer?
I to date have been given a real runaround from not receiving the original letter even though I have the proof of delivery, I phoned in June for a update as I had heard nothing and was told no letter had been received I was given a number to fax a copy to, I left it a week and phone and was again told the fax wasn't received and no record of my last call was logged on my account, I was again asked to fax my original letter to a secure collections number which I did.
At the beginning of August I received a letter saying they have appointed a senior member of their team to look into the issues I have raised and would be back in contact no later than 4 weeks.
On 8th Sept I received another letter from the bank saying they need another 4 weeks.
Where do I go from here?
Am I right or wrong to demand the overpayment back?
Why are they dragging their heels?
Any thoughts would be appreciated.

W.W.