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Cca Requests Updates Please

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  • PARIS_5000
    PARIS_5000 Posts: 868 Forumite
    edited 6 October 2009 at 10:49PM
    I have sent off for my CCA and follow up with the 12 day letter. I received a letter from the DCA that said that they did not have a exact copy of the orginal agreement.

    They have used my information from the orignal creditor to provide a reproduction under regulation 3 of the consumer credit cancellation notices and copies of documents regulations 1983.

    There is no signature from me or the original creditor and they say that thye have now complied with 77 (1) of CCA 1974.

    Help please
  • stapeley
    stapeley Posts: 2,315 Forumite
    They may have complied with part of the act , but for the agreement to be enforceable they need to produce a signed copy in court . That is a requirement of agreements pre 2007 .
  • stapeley
    stapeley Posts: 2,315 Forumite
    MS_Dolphin wrote: »
    I've done a quick search and not found anything, but apologies if this has been posted elsewhere. Nevertheless, I thought it still worth putting here for all those who are going through multiple hoops with CCC's:

    From BBC News today

    http://news.bbc.co.uk/1/hi/business/8282264.stm

    Read this!
  • Hi

    Just looking for a bit of advice.

    I sent the account in dispute letter to a number of our creditors as they failed to provide CCA's. I have heard nothing from any of them since this was sent on the 15th Sept 09 - what is my next step.

    Some of the creditors are still telephoning us and I can't seem to get some of the call centres to understand that the account is in dispute:rolleyes:.

    Is there a template available that I can use to follow up the account in dispute letter:confused:. I know there is the harrasment one but anything else?

    TIA
    Blue
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Blujeans, not got much time, but if you do a search on the site for telephone letters you should be able to find some letters to stop the calls. There is no other letter after the 12+2 day letter.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • Just wanting a bit of info and advice please. I've read about CCAs quite a lot on this site but never really delved into it. I'm now wondering if this is something I should look into? My situation is this:

    CCCS DMP with the following creditors (amounts are approx)

    Apex Credit Management - Cahoot £9000
    Blair Oliver Scott - Halifax £5500
    CSL - Egg £5500
    Barclaycard £3000
    Debt Managers - Next £500
    Moorcroft - Argos £300
    Lewis - B&Q £300
    Lewis - B&Q £400
    Robinson Way - Studio £30 - planning to clear this next week with spare change so to remove one creditor and get slightly more going to the rest each month. Then will save up for F&F for one of the Lewis debts

    I'm paying the above via CCCS at £104 a month so my DFD is centuries away. I have claimed bank charges on all of them except Next who claim I didn't have any.

    In addition OH has the following debts:

    Mint CC taken out in 1995 £4400 now with Triton - £100 per month
    Egg CC taken out in 2005 £7000 now with CDUK - £100 per month
    Littlewoods taken out in 2003 £280 now with Lowell - £15 per month
    First Trust CC taken out in 1992 £400 now with DRA - £50 per month - currently paying extra few quid here and there to get rid of it to free up money for the others

    So after all that waffle (and yes I know we have been very bad with money and don't need a lecture) what I'm wondering is should we CCA all the creditors? What is the benefit in doing this at this stage?
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    In short, if the debt falls under the CCA74 legislation, any credit agreement made before 6th April 2007 must have certain terms on it for it to be enforcable. If they don't have the agreement or the terms are not all there, then the agreement isn't properly executed and not enforcable. This means that they cannot enforce any part of the agreement including collecting payment.

    By making a CCA request, they are allowed to provide a reproduction of the agreement without signatures, but if you have a copy of the agreements you can check what is on them or possibly issue a SAR which would require them to provide a copy of the original signed agreement.

    Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
    Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • OBIWAN
    OBIWAN Posts: 145 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hi, Bluejeans heres the template linkie: http://forums.moneysavingexpert.com/showthread.html?t=1868507
    Sorry about the length of it. :o

    I sent off the CCA request in Juy and the reminder mid August, sent the dispute letter 1 September and I still havent received a CCA from CAP1. I keep getting calls and letter from collections, they claim they havent received any letters, and theyre generally flipping useless, so I kicked up a fuss about harassment and sent the harassment template letter this week.
    Collections called me 5 times last Sunday, all from a Philippine call centre and they havent a clue what theyre talking about, so I spoke with their cust svcs dept and a manager there told me that they had sent a letter and CCA on 22 Sept. She actually read me out what she claimed was a copy of the letter on their system, which blathered on about the "enclosed signed true copy"... yadda yadda... "therefore we have provided you the details requested and so dont deem the account to be in dispute".
    I still havent received this but i have since had 3 collections letters all dated later than 22 September. It strikes me as a bit odd that the postal service is fast and reliable for collections letters and slow for CCA letters. I think theyre bullsh!tting me :rolleyes::D

    I got back last night and there was a fat envelope from CAP1 on the mat. I missed a beat thinking it was the CCA, but when i opened it there was a hand written CAP1 comp slip with my address on it and the CCA reminder letter i sent 2 months ago that they say they never received. AND they had stuck the recorded deliver barcode to the top of the letter too, just to further prove that I hadnt sent it recorded delviery and they hadnt had it. T*ssers!
  • louiser123
    louiser123 Posts: 1,248 Forumite
    OBIWAN wrote: »
    Hi, Bluejeans heres the template linkie: http://forums.moneysavingexpert.com/showthread.html?t=1868507
    Sorry about the length of it. :o

    I sent off the CCA request in Juy and the reminder mid August, sent the dispute letter 1 September and I still havent received a CCA from CAP1. I keep getting calls and letter from collections, they claim they havent received any letters, and theyre generally flipping useless, so I kicked up a fuss about harassment and sent the harassment template letter this week.
    Collections called me 5 times last Sunday, all from a Philippine call centre and they havent a clue what theyre talking about, so I spoke with their cust svcs dept and a manager there told me that they had sent a letter and CCA on 22 Sept. She actually read me out what she claimed was a copy of the letter on their system, which blathered on about the "enclosed signed true copy"... yadda yadda... "therefore we have provided you the details requested and so dont deem the account to be in dispute".
    I still havent received this but i have since had 3 collections letters all dated later than 22 September. It strikes me as a bit odd that the postal service is fast and reliable for collections letters and slow for CCA letters. I think theyre bullsh!tting me :rolleyes::D

    I got back last night and there was a fat envelope from CAP1 on the mat. I missed a beat thinking it was the CCA, but when i opened it there was a hand written CAP1 comp slip with my address on it and the CCA reminder letter i sent 2 months ago that they say they never received. AND they had stuck the recorded deliver barcode to the top of the letter too, just to further prove that I hadnt sent it recorded delviery and they hadnt had it. T*ssers!

    they are so crap!
    did they also send you back the postal order/cheque you sent for the £1 , does it say signed for on royal mail website? if so they cant claim they never recieved it if you have proof of delivery
    self confessed 80's throwback:D
    sealed pot challenge 2009 #488 (couldnt tell you how much so far as i cant open it to count it!!:mad: )
  • OBIWAN wrote: »
    Hi, Bluejeans heres the template linkie: http://forums.moneysavingexpert.com/showthread.html?t=1868507
    Sorry about the length of it. :o

    I sent off the CCA request in Juy and the reminder mid August, sent the dispute letter 1 September and I still havent received a CCA from CAP1. I keep getting calls and letter from collections, they claim they havent received any letters, and theyre generally flipping useless, so I kicked up a fuss about harassment and sent the harassment template letter this week.
    Collections called me 5 times last Sunday, all from a Philippine call centre and they havent a clue what theyre talking about, so I spoke with their cust svcs dept and a manager there told me that they had sent a letter and CCA on 22 Sept. She actually read me out what she claimed was a copy of the letter on their system, which blathered on about the "enclosed signed true copy"... yadda yadda... "therefore we have provided you the details requested and so dont deem the account to be in dispute".
    I still havent received this but i have since had 3 collections letters all dated later than 22 September. It strikes me as a bit odd that the postal service is fast and reliable for collections letters and slow for CCA letters. I think theyre bullsh!tting me :rolleyes::D

    I got back last night and there was a fat envelope from CAP1 on the mat. I missed a beat thinking it was the CCA, but when i opened it there was a hand written CAP1 comp slip with my address on it and the CCA reminder letter i sent 2 months ago that they say they never received. AND they had stuck the recorded deliver barcode to the top of the letter too, just to further prove that I hadnt sent it recorded delviery and they hadnt had it. T*ssers!

    Hi Obi

    Thanks for the link.

    I think I will fire off some letters today just to follow up that the account is in dispute - I really can't be bothered to go over it again on the phone.

    Cap One are one of our worst credtiors for phone calls also. I have told them over and over again that we are disputing the account but they don't seem to understand.

    Some of the creditors appear to still be adding interest and charges to the accounts as well:rolleyes: so a little reminder will be sent to them re the dispute.

    Blue
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