Cca Requests Updates Please

Weekend_warrior

hariboh wrote: »

Hi WW, I was working out how long ur overpayment would pay the extra monthly payment, and at £20 per month you could pay it for 11 years...thats ludicrous its your money and you should be entitled to it back, your not even collecting the interest on it...they are though ??

Hi hariboh,

Your right it would indeed take a long time to pay this back to me at this rate.
What gets me is the bank back in May says it will not pay me the overpayment £2734.87 at all,but it see's fit to give me it back at the rate of £20 per month, so what is it can they or cant they pay it back?
This monthly £20 payment is most odd as it contradicts the banks original position.
W.W.

pinkie_pie

hello! what should I do with hsbc, should I up the offer? I don't know how much I can up it to as it's taking it off other debts iyswim.

And how much should I offer to additions as F&F after the letter?

scarednshakin

GeorgeUK wrote: »

WW, if that money is yours, then you have a right to it. How long have the bank had to deal with this? If there's not been any movement after 3 months, then i would be writing an official complaint to the head office and writing a stroppy letter to the FOS asking exactly how long they should have to resolve a matter such as this as they were first notified on xx/xx/xxxx date.

SnS, If the agreement has:
Credit limit (or explanation of how this wil be calculated)
APR (and monthly interest)
Repayments (amount and date)
Then it may be a valid CCA.

Was looking for some extra info and came across this thread - might be worth a read if you have time. It seems that alot of Egg CCA's pre 2004/5 were arguably unenforcable.
http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html
(It got my head spinning after a couple of pages, but i'll blame that on the time).

GeorgeUK thanks for the link, have been going through it, if your head is spinning!!!! My CCA is same as a few that have been put onto Consumer Action thought it was ok but am now not sure. Will keep reading thanks

dbeats01

EGG Credit Card CCA,

Hello all I received my CCA back from egg and I challenged it by sending another letter stating it was not a true copy and they replied by saying, Further to you recent request and contrary to the assertations in your letter, the documents we enclosed in responce to your request constituted a copy of the executed agreement. This consisted of a copy of the agreement you originally entered onto together with the current terms of your agreementas required by the consumer credit and go on to say that the copy they sent me was a ture copy, reproducing the original terms and formatofof your agreementbut omitting signature boxes and signatures.

What is my next move on this can anyone hel there is no copy of my signature on the agreements just ticks in boxes. Is the unenforceable???? what letter should I send next??

schoolrunner

Hi,
Just to bring you up to speed on things, I cca`d MBNA in May 09, they failed to respond, they did however cash the cheque, I then sent the account in dispute letter, since then apart from monthly statements asking for a minimum payment (no interest), I have heard nothing, until now. I ahve just recieved 3 letters: 1 telling me that my account is seriously in arrears, and another: giving a "Notice of sums in arrears" and the 3rd (my favourite) offering to reduce the amount I owe by 40% if I settle the account.
I know that really these should not be a worry, but, some reassurance would settle my nerves.
Hope I haven`t gone on too much,
Schoolrunner

dvs

schoolrunner wrote: »

Hi,
Just to bring you up to speed on things, I cca`d MBNA in May 09, they failed to respond, they did however cash the cheque, I then sent the account in dispute letter, since then apart from monthly statements asking for a minimum payment (no interest), I have heard nothing, until now. I ahve just recieved 3 letters: 1 telling me that my account is seriously in arrears, and another: giving a "Notice of sums in arrears" and the 3rd (my favourite) offering to reduce the amount I owe by 40% if I settle the account.
I know that really these should not be a worry, but, some reassurance would settle my nerves.
Hope I haven`t gone on too much,
Schoolrunner

Good that you've heard from MBNA! :rolleyes:

We've only just heard from MBNA after I titled one of the letters as a complaint. They have said they are looking in to the matter. We have since received a letter (I assume is unrelated to my letter as it doesn't refer to my complaint). They are saying that they may be able to help and it sets out some options (like reducing interest, setting up a payment plan or offering a reduced full and final settlement). They continue in the letter to say that we should call immediately as it's 'an opportunity too good to miss'. Oh they make me laugh!

We are looking for partial settlement just to close the matter. I will wait for their response for now - especially as this letter refers to one account only.

PARIS_5000

I have sent off the 12 days letter to 3 DCA who have failed to provide me with any CCA and is it okay for me now to ignore any letters that send now asking for payments or making legal threats because they have not produce a CCA

Is it correct that they cannot take me to court without producing a CCA.

pebbles88

pebbles88 wrote: »

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.

Great News! got it in writing that they do not have the signed agreement.

Does anybody know that if i accept the FOS assessment of my complaint (which was how nat crap were ignoring my letters, being intimidating etc) if it will affect me then challenging nat crap that i have proff they dont have the agreement and negotiating a F&F?? I dont wanna send back the FOS acceptance form that says yes thats full and final settlement of my complaint then be stuck!

GeorgeUK

dbeats01 - If there are tickboxes, was this agreement made online? If so it may be enforcable. I've not read much about online agreements but i think the regulations were updated in 2004. You may be able t osearch the site for more details on that.

schoolrunner - Do you have proof that the letters were received? If so you could write another letter (of complaint) reminding them of their obligations under the Consumer Credit Act and until they comply with their legal obligations will not be making further payment. If they continue to request payment or attempt to enforce this debt you will have no option but to notify Trading Standards and OFT of this breach. Then notify them - or you can do so now.

Paris, they can try to take you to court even though they have not supplied the CCA. If they do take you to court though they will need to produce the original signed CCA and tell the judge why they did not comply with the CCA74 legislation request. If they continue to pursue you for payment you can make an official complaint to them before reporting them to TS and OFT.

Pebbles, the FOS do not have any legal powers so could not overule a court. If they state that there is no enforcable CCA, i would just inform the DCA that you have discussed the matter with FOS and they have stated this. Not sure exactly what your complaint entailed and what the finishing process is - you may want to start a seperate thread for this or have a look on the consumeractiongroup board to see if they say anything about it. My view is that FOS have stated the debt is unenforcable as there is no CCA so the DCA can go whistle.

RIANNA30

After some advice again...

Have been back and forth with bos over a credit card debt since feb this year, they never really responded to cca request but did send a copy of somebody elses application form....card goes back to 1997 so I doubt they have anything. They are well aware that the balance is in dispute. Having already seen off Moorcroft (they passed back to bos when I sent them a cca request), have now received formal demand from Robinson way for the o/s balance.

I shall send a cca request to RW, but should I complain to somebody about bos? they clearly don't have a cc but continue to sell debt on. Also have complaints going to FOS re mbna and hsbc (at their suggestions) re cca's that haven't been received although they continue to hassle me.