Cca Requests Updates Please

NW-ANGEL

have a look here ....
http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

rog2

GoldenJill wrote: »

Could someone let me know where the second letter is? Is there a link? I know the debt helpline has the first letter, but can't find the second or any subsequent letters.

Hi GJ - If, after 12 working days (12+2 actual days) you are still being harrassed, then send them the letter that you will find in the following link:

http://forums.moneysavingexpert.com/showthread.html?p=6921563

If, after a furter 30 days, they still haven't sent you the cca, then you can send them the letter in the following link:

http://forums.moneysavingexpert.com/showthread.html?p=6582439

Good Luck

asn_2

fermi wrote: »

There is no limit. If they have operated a company policy of only keeping agreements/documentation for 6 years, then that is their own stupid fault.:p

I sent the default letter and now have a letter from thir lawyers regarding legal action. What can I do now?

blind-as-a-bat_2

asn wrote: »

I sent the default letter and now have a letter from thir lawyers regarding legal action. What can I do now?

If you have requested a CCA and they havnt or cant produce one, which it sounds as if they admited they cant in your case then they would be foolish to procede with court action.

That doesnt mean they wont though, so the question is are you prepared to defend it in court if they do?

In the mean time sending the lawyers a letter stateing that the account is in despute and no CCA is available means you have a full defence in law should they try to procede, together with copys of the proof you have of this, may get them to back down.

MoonRose77

Hope no-one minds me doing an update on this thread because I am wanting to know whether the 12+2 letter still applies or does it need anything more adding to it.

Have requested cca from Moorcroft for Littlewoods account - now I have recieved reply direct from LW in which they admit they cannot find a copy of an executed agreement but have sent me a copy of the current one. Now I know it needs to be mine complete with signature for it to stand - so can I still just send the 12+2 or does it need anything else putting on there?

Thanks in advance

rog2

MoonRose77 wrote: »

Have requested cca from Moorcroft for Littlewoods account - now I have recieved reply direct from LW in which they admit they cannot find a copy of an executed agreement but have sent me a copy of the current one. Now I know it needs to be mine complete with signature for it to stand - so can I still just send the 12+2 or does it need anything else putting on there?

Hi MR - You are quite correct - a 'copy of the agreement currently in use' does NOT constitute a 'true copy of the original consumer credit agreement'.

The 12+2 letter: http://forums.moneysavingexpert.com/showthread.html?p=6921563 is fine. You may wish to edit it to include the following:

'the copy of the agreement currently in use, which you have sent me, does not constitute the true copy of the original consumer credit agreement that I requested'

It's up to you whether you include this or not.

Good luck

fermi

rog2 wrote: »

Hi MR - You are quite correct - a 'copy of the agreement currently in use' does NOT constitute a 'true copy of the original consumer credit agreement'.

Yep. The Act requires that they send you a copy of the executed agreement.

The only "executed" agreement that will ever exist for a debt is the properly completed and signed agreement that you originally made with the creditor (although they are permitted to omit the signature from any copy they supply).

misty_blue_2

just a quick question, what happens if you are sent you a signed cca but it does NOT contain all the prescribed terms on it. Is this unenforcable or enforcable?

fermi

misty_blue wrote: »

just a quick question, what happens if you are sent you a signed cca but it does NOT contain all the prescribed terms on it. Is this unenforcable or enforcable?

For agreements made before 6th April 2007, section 127(3) of the Consumer Credit Act 1974 states that a court shall not make an enforcement order unless an agreement containing all the "prescribed terms" was signed by the debtor.

So, an agreement of that age that does NOT contain all the "prescribed terms" should (in theory) be unenforceable even if it is signed.

Section 127(3) does not apply to agreements made after 6th April 2007, so the court can at it's discretion still enforce these.

misty_blue_2

fermi wrote: »

For agreements made before 6th April 2007, section 127(3) of the Consumer Credit Act 1974 states that a court shall not make an enforcement order unless an agreement containing all the "prescribed terms" was signed by the debtor.

So, an agreement of that age that does contain all the "prescribed terms" should (in theory) be unenforceable even if it is signed.

Section 127(3) does not apply to agreements made after 6th April 2007, so the court can at it's discretion still enforce these.

Thanks so much for the reply fermi, very much appreciated and yes the agreement was before 6th April 2007