Cca Requests Updates Please

NW-ANGEL

Thanks Rog thats cleared up a couple of bits for me too :T :A

kel
x

rog2

stapeley wrote: »

As you know I have issues with CLAP QUEST . Update is they offered to accept £5 per month . They insist Application form is okay . I have now pointed out that the CC ACT says terms and conditions should be embodied in the document not a separate part of it . A Judge has said this means within in the four corners of the agreement . So any signature box should come after the terms and conditions. What they have sent me so far is, a copy of a signed application form , and three pages of photo copied terms and conditions .

I would remind CRAPQUEST of your letter, by sending them another copy. Tell them that, since they have failed in their legal obligation to provide you with a true copy of the original cca, the agreement is no longer enforceable and that you will report any further communication, from them, to the relevant statutory bodies.
In the unlikely event that CQ issue you with a County Court Claim (summons) then you MUST put, in your defence, that you have requested a true copy of the cca, yet CQ have failed to provide you with anything other than a virtually illegible copy of your application form which does not conform to the Consumer Credit Act requirements of what a consumer credit agreement should contain.
You may need to be prepared to defend your statement in court, so keep a copy of all correspondence between CQ and yourself, as well as all references to the Consumer Credit Act, including relevant case references.
Good luck, Stapely.

stapeley

hi Rog , Yes I have repeated, that they have not supplied a true signed copy of an Agreement . Had several letters now . Sent a 12+2 + 30 DAYS letter off in FEBUARY . Was also waiting for a missing monthly statement , received that 3 weeks ago . They again stated they were satisfied that the form they sent was compliant. I may do the default letter again .

rog2

stapeley wrote: »

hi Rog , Yes I have repeated that they have not supplied a true signed copy of an Agreement . Had several letters now . Sent a 12+2 + 30 DAYS letter off in FEBUARY . Was also waiting for a missing monthly statement , received that 3 weeks ago . They again stated they were satisfied that the form the sent was compliant

Then, perhaps you should call their bluff, stapeley. Tell them that you are not satisfied that the 'form' was compliant and that you are prepared to justify your position in court. I doubt very much that they will take you to court.
In the meantime you could report them to Trading Standards for harrassment, and non-compliance with the OFT Debt Collection Guidelines.

GeorgeUK

Stapeley - i've been commenting on a thread that has also passed the 12+2+30 day period. I have advised the OP that the catalogue company are ignoring the fact that there is no enforcable CCA and that he should now be contacting OFT and TS. I also put up a "final letter" that he could send the company but think it may be a little OTT (i was trying to give it attitude). I thought i'd mention this here as you may want to take a look at the letter as you are seemingly at the same stage - and you know alot more about the requests etc. Hopefully it may be of use to you - if it isn't a load of twaddle. I sometimes think it'll take 6 years of arguing the point before they'll concede and only then because the debt has become statute barred.
http://forums.moneysavingexpert.com/showthread.html?t=929431

kel123_2

Stapeley

It all comes down to interpretation of a document? There is no deffinition that says it has to be one page, it does however say that referance to other pages must be clear and unabiguous. I have a 3 page Credit agreement that is totally referenced backwards and forwards from each page and this is totall lagit. It also has a sepparate T&C but again is totally referenced and therefore lagit. I must also say that there are other anomalies within it which makes it unenforceable.

asn_2

apologies if this has been posted elsewhere, but i recently cca'ed xxx credit card and they have come back saying unfortunately they are unable to send me a copy of my ca as these are held on file only for 6 years and my account was opened over 6 years ago.

what next?

GeorgeUK

They have a legal requirement to provide a copy of a true executed CCA on request (with £1 payment) in accordance with the Consumer Credit Act 1974. They have 12+2 working days to comply before the debt is unenforcable.

Can i ask when the last payment you made towards the debt was? If it was more than 6 years ago and you have not acknowledged the debt in writing - it may be statute barred.

asn_2

GeorgeUK wrote: »

They have a legal requirement to provide a copy of a true executed CCA on request (with £1 payment) in accordance with the Consumer Credit Act 1974. They have 12+2 working days to comply before the debt is unenforcable.

Can i ask when the last payment you made towards the debt was? If it was more than 6 years ago and you have not acknowledged the debt in writing - it may be statute barred.

i am currently making token payments via payplan.

stapeley

REALLY GOOD NEWS ! From the CAG site . After several months of letters and threats , a Credit Card Company have given up 1 day before a court case . They had only supplied a illegible copy of a application form. It just goes to show you need to be firm in your stance . Illegible copies of applications forms are NOT COMPLIANT to a request under the terms of the CC ACT.