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Cca Requests Updates Please

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  • stapeley
    stapeley Posts: 2,315 Forumite
    Finally received the missing monthly statement from DCA, they insisted the application form is enforceable as a CCA . I still disagree. They took my situation in consideration and offered to accept a payment of £5 per month . I have written back letting them know another creditor is threatening a SD . I informed them that I was considering bankruptcy ,and that as they were 3rd in line I did not know how that would effect them . watch this space .
  • stapeley
    stapeley Posts: 2,315 Forumite
    One question on a card debt is that I paid off a card about 5 years ago . I then very foolishly ran up more debt on it when I was sent a new one after two years .I did not sign a new agreement even thought the terms and conditions had changed . Is it not true that when sent a replacement card a new agreement form should be signed ?
  • Leixlip1
    Leixlip1 Posts: 372 Forumite
    Just has a letter from Thames Credit who seem to think they are not obliged to supply a copy of a CCA but as a gesture of goodwill blah blah blah - given that Barclaycard couldn't produce a CCA they must be employing Derren Brown!
  • stapeley
    stapeley Posts: 2,315 Forumite
    Despite being informed that I was sent a eligible copy of a Application form , a DCA have continued to try to contact me by phone . I am very tempted to anwser the call . If I could be sure I would be put through to a manager and not just a operator who has to stick to script . So for now it is a wait and see on threatened court action .
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    stapeley wrote: »
    One question on a card debt is that I paid off a card about 5 years ago . I then very foolishly ran up more debt on it when I was sent a new one after two years .I did not sign a new agreement even thought the terms and conditions had changed . Is it not true that when sent a replacement card a new agreement form should be signed ?

    Is the card number the same? I would have thought they could send a new card out without new credit agreement if you didn't close the account.

    :j :j


  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Leixlip1 wrote: »
    Just has a letter from Thames Credit who seem to think they are not obliged to supply a copy of a CCA but as a gesture of goodwill blah blah blah - given that Barclaycard couldn't produce a CCA they must be employing Derren Brown!

    Just because they didn't supply the CCA doesn't mean the can't. I CCA'd Cahoot on 31st December and they just now sent a credit agreement about 3 weeks ago.

    :j :j


  • Leixlip1
    Leixlip1 Posts: 372 Forumite
    Very true fiveyearplan- thanks for your comment.
    Barclaycard failed four times to send a valid CCA; when they passed the debt on to RMA all they could produce were the same non-valid CCA's i.e. unsigned short application forms/partially legible documents etc On two occaisons these came via solicitors acting for Barclaycard and RMA - both times I challenged their validity and both times the solicitors failed to produce a valid CCA or challenge my ascertain that they were not valid.
    If Barclaycard do manage to find a valid CCA fair enough but to date they have failed to do so.
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    My husband CCA'd Barclaycard and all he got back was some postcard type thing with his signature on it. That couldn't possibly have been the credit agreement. I suppose if they sent you something then its fairly certain they don't have an enforceable agreement. Cahoot just ignored our request thus I got my hopes up that they couldn't find it!

    :j :j


  • Leixlip1
    Leixlip1 Posts: 372 Forumite
    Luckily Cahoot is not one of my creditors.
    I only CCA'd Barclaycard as they blatantly lied to me on several occaisons e.g. they agreed my, self managed, dmp offer and then denied doing so even though I had it in writing from them! They also denied receiving registerd post letters they had signed for.
    I'm no lover of the game but that simply wasn't cricket!
  • Sunny_Donny
    Sunny_Donny Posts: 300 Forumite
    well Mackenzie Hall couldn't come up with OH's signed agreement, so 12+2 letter sent on Saturday 27th and should get it on Monday. Yeehhaaa!!!
    Mortgage free as at 1/9/13 :j
    To start work on the credit cards now!!
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