Cca Requests Updates Please

StillTwenteen

Somebody suggested I do something with it....what do I need to do.

Sorry for pestering

rog2

stapeley wrote: »

This is why I will make no contact or even put in a complaint . Will let it run its six year coarse . But I can not receive a notice of assignment from the OC if they have lost details of my new address which the first DCA should have passed onto them . Will only respond if I receive any letters from either OC or a DCA .

Sounds fair enough to me.

rog2

StillTwenteen wrote: »

Somebody suggested I do something with it....what do I need to do.

Sorry for pestering

Bear with us - I'm going to have a look at your thread.

apf666

i felt it important to re-iterate, dates of agreement are irrelevant when consideration is given to signed agreements,

if a signed agreement is not present, the court has discretion to make an order, either upon sight of a true copy and supporting evidence (ie statement of account) or can even order the creditor to reconstruct the agreement if a true copy is not available, the court must consider what is fair and just to both parties

as far as rankin/amex is concerned, the jury is still out on that one, if assets are at risk, exercise care if relying on copy of agreement malarky, seek legal advice (even if initial free consult) if you need to defend against persistant creditors, other issues may come in to play, default notices, assignment procedures, which may strengthen a defence

not trying to lay down the law, just hoping to alert people to possible risks, non compliance with s77-79 requests will not provide a cast iron guarantee of no enforcement

af

fermi wrote: »

The court can and should require the creditor to supply a copy of the signed agreement if the claim goes to court.

For agreements made prior to 6th April 2007 the court should not make an enforcement order unless it can be shown that a signed agreement containing all the 'prescribed terms' exists.



The Rankine judgement is widely regarded to be an extremely bad example of case law, made at a regional court, by a judge who was trying hard to rule against claimants who he felt were taking the p*ss. Furthermore it looks like it is not binding on any lower/other courts.

The previous rulings by the High Court/Court of Appeal and the House of Lords are the ones that carry weight in these circumstances.

Caution is always advisable if you wish to challenge these things in court though. Normally requires that you persevere in making sure that the court/judge is fully aware of the law, since you can't just assume that they are.

oscar52

flippy178 wrote: »

I have an MBNA cc that was originally a Bank of Scotland charity affinity card. MBNA bought all the BoS affinity cards a few years ago. I have seen it mentioned somewhere on MSE that MBNA do not have the CCAs for these cards. I was thinking of asking for my CCA and wondered if anyone else has gone down this route with a similar cc.

This is a huge debt over my head that is really crippling me and MBNA really hassled me when I first got into financial trouble and I am so tired of their calls. They ring me even when I have paid on time for the past eight months. Any advice appreciated.

They can provide some, but not all. I believe the last one I saw was from microfiche records at HBOS - extremely badly scanned, and was JUST about legible enough to make out the relevant information. *apparently this was also one of the better records also* Even if it cant be provided, they will come out with some bull about "the combined effects of the comsumer credit act...... amendments....etc means this debt is enforceable"

blind-as-a-bat_2

apf666 wrote: »

i felt it important to re-iterate, dates of agreement are irrelevant when consideration is given to signed agreements,

if a signed agreement is not present, the court has discretion to make an order, either upon sight of a true copy and supporting evidence (ie statement of account) or can even order the creditor to reconstruct the agreement if a true copy is not available, the court must consider what is fair and just to both parties

You may wish to read up on CPR rules;)

CPR 16 i believe

7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

And if you add it to

Taken from Sir Andrew Morrits Judgment in the Court of Appeal in the Wilson & First Counties Trust case :

“In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift,of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid;”

I really do think your putting too much faith in the outcome of the infamous rankin case, the question is why?

apf666

hi blind as a bat

no maliciuos intent here, and rankin will resolve itself at some point in the future, just hope a dj that can remain objective takes on the next test

with regard to cpr, yes, that can be quoted, but the fact remains that the court can, and does, exercise it's discretion and allow a claim to continue, and be enforced, based on the info previously referred to

don't get me wrong, as stated, not trying to rub anyone up the wrong way, or take away hope, just suggesting people with enforcement issues do not lay too much faith in some of the comments posted about unenforceability

some creditors will roll over and let it drop, more and more however are willing to try it on, and with success

if anybody doubts the comments i've posted, and have such issues, advise they at least get an opinion from a legal professional who is fully qualified in cca law

af

blind-as-a-bat wrote: »

You may wish to read up on CPR rules;)

CPR 16 i believe




And if you add it to


I really do think your putting too much faith in the outcome of the infamous rankin case, the question is why?

stapeley

HI to all who are following this thread . It was not really my intention for this thread to turn into a discussion on the legal issues of the CC ACT. It is far too complicated . I intended it to find out what has happened when people have requested a CCA and how to avoid being hassled by DCA,s. It has become clear that a CCA and Notice of Assignment request can show that some DCA are not acting within the terms of the CC ACT.

rog2

stapeley wrote: »

HI to all who are following this thread . It was not really my intention for this thread to turn into a discussion on the legal issues of the CC ACT. It is far too complicated .

I'm afraid, stapeley, that it will be dificult to avoid. There are some people who believe that we are putting too much faith in, or even misquoting, the 'Act', particularily when the outcome does not suit their own agenda.

All 'Laws' are bound to provoke debate - whilst many of us rely on the protection that the Consumer Credit Act was introduced to give us, there is a whole army of people, out there, whose sole 'raison d'etre' is to try and pick holes in the bill for the enefit of those against whom this bill affords us protection.

loramos

Morning all .I will try and be brief Sent cca's request to Triton (acting for RBS) on 5th Aug follow up on 19th Aug.recieved letter dated 22 aug from RBS Enclosed cc application headed "must be returned before june 2001" Signed and dated by me on 4th June 2002. A cca with no mention of RBS anywhere.No signaturesat all. If I want statements they will tell me how much they will cost.They confirm that Triton are managing my account( i.e sending demand letters) and confirm that the debt has not been sold. Do I reply to them or Triton or just wait for the 30 days before I send last letter.Paying RBS £1 per month ,do I stop?Thanks