Cca Requests Updates Please

kel123_2

Thanks Fermi, this is interesting isn't it:

The s74 determination in respect of bank overdrafts (see Q1.4) applies subject to the following conditions:

1. • the creditor must inform the OFT in writing of his general intention to enter into such agreements;
   
2. • the debtor must be informed, at or before the time an agreement is concluded, of the following:
   [FONT=DKPMPD+CourierNewPSMT,Courier New PSMT]
3. o [/FONT]the credit limit (if any)
   [FONT=DKPMPD+CourierNewPSMT,Courier New PSMT]
4. o [/FONT]the annual rate of interest and any charges applicable, and the conditions under which these may be varied
   [FONT=DKPMPD+CourierNewPSMT,Courier New PSMT]
5. o [/FONT]the procedure for terminating the agreement;

[*]• the above information must be confirmed in writing.
But

If a regulated agreement is executed before 31 May 2005, it is subject to the 1983 Regulations but not the 2004 Regulations. If it is executed after that date, but is signed by one or more parties before then, it may benefit from transitional provisions – see Q1.9.

suz7

It's 12+2 on my Moorcroft request today. Am I right in thinking I don't need to send another letter until 12+2+30, or is there another I should send now?

stapeley

yes and no.

stapeley

Sent off letter to legal side of DCA , pointing out i,ve only been sent a very poor quality copy of an Application form . They sent a text to me asking me to ring ! yes i,ll do that NOT ! Also sent a copy off to CCCS , doubt they will be any help on if its enforceable or not .

stapeley

Still not heard from CLAPQUESTS they keep saying they are looking into it . One account has been sent back to OC by the DCA . AS last post on the other , expecting court papers . But not too worried I do believe the account is unenforceable , due to never signing an AGREEMENT.

stapeley

Got a reply from C Q to letter highlighting a few points about the copy they did send me . The jist of it is ,

"we have sought legal advice and it has been confirmed that the documention is a true copy of your agreement .It is enforceable as SKY CARD have stamped the copy of agreement which is legally sufficient.It is comman practice for companies to use a name stamp rather than a representative signing the account individually. It also clearly states that the documentation is a credit card agreement regulated by the Consumer Credit Act 1974."

The letter does on about other points i raised. But i will deal with the main ones .
On the form it has in big letters SKYCARD APPLICATION FORM at the top of the page ! Further on, under the signature box , the DCA have highlighted , " By signing above , you authorise us, when considering your application etc etc ."
Below that theres Your Details
"To help us deal with your application as quickly etc etc"

NOTE it says ," when considering your application "
"with your application "

When has a stamp been acceptable by anyone as a signature ?
try stamping a cheque see what happens , or a credit card transaction .
Who has confirmed that the documention is a true copy of your agreement ? I ,LL JUST TAKE THERE WORD FOR IT ! YES RIGHT!

bathgatebuyer

I have received responses from CCA requests in respect if my last 3 credit cards with the following results:
1 - RBoS: Arrived late but I think it's ok!
2 - Sainsburys - They have sent a copy of my application form which lacks prescribed terms on it. They have sent me a copy of the most recent terms and conditions for the account, although have nothing relating to the time the account was taken out. I have pointed out to them that the purported CCA is inadequate as it does not comply with the law on this, and I have offered to settle with a final pament of 25% of the balance. If they fail to accept that, then fine, shock and awe will hit them;
3 - HBoS - Have sent me an application form that they allege I completed by hand ticking the PPI box, yet it's not my handwriting, contains several spelling and factual errors (including my name and job title!). It also lacks any of the perscribed terms and conditions. I have, therefore, contacted my local Trading Standards over this and have asked repeatedly for my PPI premiums back as it was mis-sold (they never provided any terms and conditions, never mentioned any relevant exclusions, etc, etc). Currently preparing my Particulars of Claim for the County Court (I'm using the English system) over the mis-selling claim. It's keeping me busy!!!!

stapeley

Would welcome views on post 48 !

rayday2

Well not sure about on credit agreements but when I worked for the courts they used stamps not signatures and they were on legal papers.

System

My creditors have received my CCA requests today, When do they have to reply by?