Cca Requests Updates Please

Leixlip1

Just received the SAR info' I requested from Barclaycard and it doesn't contain a copy of a fully executed cca as requested. Not suprised as all they have managed to send me in the past have been generic terms and conditions.

thursday

Leixlip1 wrote: »

Just received the SAR info' I requested from Barclaycard and it doesn't contain a copy of a fully executed cca as requested. Not suprised as all they have managed to send me in the past have been generic terms and conditions.

yeah, i am also proud owner of the same rubbish they spam around whilst calling 24/7 begging for payment unjustified on overcharged interest on interest on interest...sending bulldogs through Mercers and "Power to Contact" to harrass people in their own homes....
o, am I bothered....:rotfl:

scarednshakin

Got final response from Clydesdale Bank today. They have told me that they have complied with the CCA request and if I have any further complaint to go to the Ombudsman. All they have sent is the same as before, a copy of the application form, a copy of the terms and conditions from when I took out the card, no mention of APR, no credit limited and also a copy of the up to date Terms and Conditions.

What do I do now?? Scared of the next bit!!

Broken_hearted

Call their bluff report them

G0ggy

Hi all,

The saga continues.

I sent a CCA request to Aktiv Kapita and had a standard "we don't have your agreement, we've put your account on hold and are contacting the original creditor for the information", subsequently the 12+2 days time mark has passed and I sent another letter using the 12+2 template on these forums.

I appended a bit onto the end about the 'default' mark they have put on my credit file, asking them to remove it, until such time as they can prove the debt is mine.

I have had a response from Aktiv Kapital which reads as follows:

"We write to the above matter, and you request for documentation/further information regarding your agreement with the above named criditor under sections 77 to 79 of the Consumer Credit Act.

In order to obtain this, we have contacted the original creditor, as we do wish to provide the information that you require, in accordance with the Consumer Credit Act 1974, in an effort to resolve this matter.

Your account is on hold and has been removed from the collection process whilst we await the requested information.

We note the suggestion within your penultimate paragraph, relating to the Data Protection Act (D10).

Unfortunately we do not agree with your understanding and we will continue to report this matter to the credit reference agencies as we are required to.

We will be in contact once we have had a response from the original creditor"

Could someone advise on the next best move please?

I'm keen to get the default marker, that Aktiv Kapital have put on my credit file, off as it is the only black mark on there at the moment.

Is their interpretation right? Is there something else I can do to force their hand?

Thanks for your help.

vicky12

Hi Weekend warrier,
Have you seen the latest thread about a high court case preventing people to make credit agreements unenforcable???
I was just about to send off my cca requests and are not to sure this is a good idea now .
Let me know what you think??
Regards Stu

pebbles88

vicky12 wrote: »

Hi Weekend warrier,
Have you seen the latest thread about a high court case preventing people to make credit agreements unenforcable???
I was just about to send off my cca requests and are not to sure this is a good idea now .
Let me know what you think??
Regards Stu

i may be wrong but think we have been talking about this already...

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

blueforyou wrote: »

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.

pebbles88

in my case it is still worth me doing as i dont want any credit in the next 6 years... although i am gonna try and push for F&F with most of them

Leixlip1

Application form received from Aktiv Kapital in response to a CCA request. None of the prescribed terms and clearly an application form as they have also attached a pro-forma sent to me old bank asking if the signature on the application form is mine.
Aktiv Kapital amusingly say they do not currently intend litigation and would prefer negotiated settlement.............I bet they would.

Michael995

Hi

I am struggling to undertsand some of this, basically due to a change in circumstance I am struggling with some of my debts

I have never missed a payment but have a high level of debt and am currently only making minimum payments.

I have 4 credit cards, Citicard, If, Cahoot & American Express

I have had my citicard for a lot of years but I took it out with a different provider and it changed to be citi, they are really hammering me on interest and I wondered if it was worth asking for the relevant docuements.

If I do and they do provide them, will they put my interest rate up even further?? If they can not provide the correct paper work what then happens??

Any advice would be great

Many thanks