Cca Requests Updates Please

gfplux

Sorry but it is all over for CCA requests as a get out of jail card.
The High Court has spoken.

http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article6868968.ece


there is also this.
https://www.eversheds.com/uk/home/articles/index1.page?ArticleID=templatedata\Eversheds\articles\data\en\Financial_institutions\consumer_credit_agreements_07Oct09

If you do not read it all the last paragraph is worth reading

SORRY

blueback

Its not all over at all.

This ruling is based on the passing of data to CRA's only.

The DCA's or creditors can pursue, but not harass. They can issue a default and basically carry on how they have been. However

What they can not do is MAKE you pay the debt of an unenforcable agreement.

The ruling is also based on the particulars of this case only and all cases are different.

So all you do is change your pareticulars of claim to remove reference to Data Protection.

If the default was illegally added then you can still pursue.

And if they have not got an agreement then the ruling is not relevant because there will be no CONTRACT to enforce

blueforyou

Blueback is right. This ruling to me just confirms what I already know - YES the money has been spent, NO they do not have a copy of the CCA, and YES that means the debt is unenforceable as a result. Finally, YES, if a vaid CCA is produuced then pay back can be negotiated.

Unacceptable behaviour, profiteering and downright contempt of the law has led to these companies being challenged by us for what the law says they must do - provide a properly exected CCA in 12 days.

This ruling does however make it more difficult to "write-off" debt. Most on this board just want a fair approach to debt recovery, they in the main accept that the debt was indeed accrued by them.

My advice? - Don't worry.

cs101

I had sent SAR to Barclaycard on 15th September and today received only credit card statements.
Should I wait for 40 days and see if they send me true copy of CCA as I think they do not have this:j; or send them a letter that they have only supplied statements and not CCA.(Pls post the link to this letter)

Also they have written to my DMP agency telling them that they will not extend this DMP as they want more payment

The other 3 DCA have failed to provide CCA within the 12 days and I have already sent Account in Dispute letters. Now should I tell my DMP agency to stop the payments to them or continue paying as it is?

UTUBE

blueback wrote: »

Its not all over at all.

This ruling is based on the passing of data to CRA's only.

The DCA's or creditors can pursue, but not harass. They can issue a default and basically carry on how they have been. However

What they can not do is MAKE you pay the debt of an unenforcable agreement.

The ruling is also based on the particulars of this case only and all cases are different.

So all you do is change your pareticulars of claim to remove reference to Data Protection.

If the default was illegally added then you can still pursue.

And if they have not got an agreement then the ruling is not relevant because there will be no CONTRACT to enforce

Makes it a lot harder (thankfully) for unscupulous Claims Management Companies such as ......... sorry, I forgot that posts get removed if you mention their name, to charge a fee to the client for these cases

babyellis

Hi again, is there anyone here who would be able to check my loan credit agreement, otherwise I will have to pay £500 ponds to company to do it. many thanks.

pebbles88

babyellis wrote: »

Hi again, is there anyone here who would be able to check my loan credit agreement, otherwise I will have to pay £500 ponds to company to do it. many thanks.

if you post it up on here someone will certainly have a look for you, just remember to blank out your personal details.

out of curiosity, why on earth would you need to pay £500 to have it checked....:eek:

babyellis

because they said they would only check it if i paid them an up front fee of 500 pounds if they didn't find anything they would give me back 450 of course i refused. x

pebbles88

babyellis wrote: »

because they said they would only check it if i paid them an up front fee of 500 pounds if they didn't find anything they would give me back 450 of course i refused. x

crikes, well you dont need them. just scan and post it here!

stapeley

sleeper341 wrote: »

Hi,

I'm new to this and have tried searching through the last 200 odd pages for the info I want. Perhaps someone could help me with some advise/help my understanding.

I got a CC when I was 18 (15 years ago) and still have. If I send my lender a CCA request and they cannot provide a copy of my original signed agreement within the required time then they cannot enforce the agreement so I no longer have to pay them anything?

Is this correct?

Oh I wish it was that simple and straight forward !