Cca Requests Updates Please

MS_Dolphin

pepe2008 wrote: »

MS Dolphin. You cant take them to Court.
If Brcard are one of the ones who failed to provide a valid CCA, just point this out to whoever is there current Collector giving them dates etc and they will not be able to go any further.
The fact that they keep passing it down the line is a good sign.

They can do nothing. No CCA....not enforceable...full stop.

PS. ..and NEVER phone anyone! ALWAYS write. Dont sign the letter with your usual ( or any ) Signature.

Thanks Pepe, good reminder about the phoning, but I sometimes get frustrated/annoyed/angry/fed up and can't help myself.

Are you sure about the not taking them to court part? I'm getting (I believe) unfair defaults and impact on my credit rating. Aren't I able to do something about this? Again though, if not, where does it end. Do I wait for them to take me to court for CCJ and defend it - or do I just wait 6 years until it becomes statute barred?

Thanks again.

pepe2008

Nobody who got involved AFTER the CCA request was sent off can place a Default. If they do, then you can do something about them.

Whilst they are in Default with you for not providing the CCA their hands are tied.

MS_Dolphin

pepe2008 wrote: »

Nobody who got involved AFTER the CCA request was sent off can place a Default. If they do, then you can do something about them.

Whilst they are in Default with you for not providing the CCA their hands are tied.

This is where what they are supposed to do and what they actually do are two different things.

All the companies involved have sent something. They all say that they have met their obiligations and therefore are within their rights to carry on adding charges, defaults and passing the account to debt collectors.

Barclaycard are the worst, they haven't even sent a copy of the agreement, just 3 trees worth of computer print outs, so I'm pretty sure of my case but until it is finally tested in court they are going to keep doing what they are doing . I'm just trying to work out how and when it ends.

Thanks again (again),

blueforyou

MS_Dolphin wrote: »

This is where what they are supposed to do and what they actually do are two different things.

All the companies involved have sent something. They all say that they have met their obiligations and therefore are within their rights to carry on adding charges, defaults and passing the account to debt collectors.

Barclaycard are the worst, they haven't even sent a copy of the agreement, just 3 trees worth of computer print outs, so I'm pretty sure of my case but until it is finally tested in court they are going to keep doing what they are doing . I'm just trying to work out how and when it ends.

Thanks again (again),

Hello MS, i know how you feel. As I sit here, I'm writing letters to another bunch who still think they can get away with not complying with a legitamate CCA request. They can get you down and make you feel very weary of it all. However, this is what they are hoping for.

No CCA = No enforceability.

If they admit to no CCA, all the better, as you can then insist on all interest and charges being dropped and make an offer to them on YOUR terms to settl;e the debt if you wish.

Please don't give up - you've been supportive to me and others on this thread for too long now!

debtman2007

Is there a link to a valid CCA on here?

I requested two CCA's from 1st Credit in Sep 08. They have sent me through a load of documents this week. I need to check what it is that they have sent.

Thanks.

never-in-doubt

pepe2008 wrote: »

Nobody who got involved AFTER the CCA request was sent off can place a Default. If they do, then you can do something about them.

Whilst they are in Default with you for not providing the CCA their hands are tied.

But they do take action, that is the difference between they can't and they shouldn't! Bottom line is that as soon as the 12+2 days are up you can issue a CCA Default/Section 10 cease & desist letter but the lender/dca do not care - they still add a default and/or pursue you because they know the average debtor cannot and will not risk going to court to enforce action.

Have a mooch here for CCA and prescribed terms etc - page 1 shows the whole process: Unenforceability & Template Letters

rebel2

never-in-doubt wrote: »

But they do take action, that is the difference between they can't and they shouldn't! Bottom line is that as soon as the 12+2 days are up you can issue a CCA Default/Section 10 cease & desist letter but the lender/dca do not care - they still add a default and/or pursue you because they know the average debtor cannot and will not risk going to court to enforce action.

Have a mooch here for CCA and prescribed terms etc - page 1 shows the whole process: Unenforceability & Template Letters

Hi, But the DCA's won't take a creditor to court either if they havn't got a really valid case?. I have read that if they lose they have to pay a lot of charges,much more than a creditor has to pay, so it isn't really worth it for them. Stalemate!

never-in-doubt

The DCA's will and do take debtors to court (not creditors), however usually only if it is in their interests, as you say. But its a catch 22, usually you would claim all costs from the lender/dca for making you take it to court in the first place.

Similarly, if they take you to court having an original CCA or whatever, all that could happen is you get stung for some charges!

stapeley

After 132,111 viewings its time to close this thread ! I have been asked to wind it up , it overloads the server ! so I will start a follow up thread shortly . DCA,s beware I,LL BE BACK !

rog2

stapeley wrote: »

After 132,111 viewings its time to close this thread ! I have been asked to wind it up , it overloads the server ! so I will start a follow up thread shortly . DCA,s beware I,LL BE BACK !

A shame, though, as the thread does contain an awful lot of useful advice. My experience of closed, or 'locked', threads is that they tend to disappear very quickly.