CCA request

Puzzcat · 28 June 2017 at 11:46AM

Leanneglos1 wrote: »

I know this may be a very stupid q but what is a postal order and how do I arrange one?

You buy them from the post office and then fill in the details of who you want to pay.

jcorbygas · 12 July 2017 at 3:05PM

Responses so far to CCA requests

HFC - no response
Idem - M and S Card - sent docs - at first glance might be not enforceable as no card limit quoted - need to get advice
PRA - old Egg Cards - they are requesting info - they returned POs for both
Capquest - old Opus card - they are awaiting docs
Idem - MBNA - could be unenforceable as they advise that they cannot supply copy of Agreement - have 2 debts with them and both say the same thing and they are the largest debts so fingers crossed
Wescott - returned my PO asking me to redirect to original client - Mint
PRA - Halifax card - they are awaiting docs.
Robinson Way - Tesco card - they are awaiting docs
Link -old Co Op card - they have sent docs - need them to be looked at to see if enforceable
Lloyds x 3 - still with them - have sent back recon version of original agreement - nothing signed by us or no application form so will need to get these checked
Capital One - still with them - looks enforceable but will get checked
RMA - ex Amex - sent docs an inch thick back - no signature of mine - will need to get checked

Lots of agreement checking to get done but also hopefully some unenforceable ones.

I will now be writing back to the ones that sent back docs advising them that I will not be paying them anything for another 3 months or so due to financial circumstances - perfectly true.

AllTheHelpICanGet · 17 July 2017 at 10:47AM

Hi all,

I've had a couple of application forms returned to me as a response to my CCA requests. They do not comply as they are missing the required terms. I was thinking of responding along the lines of (below) and would appreciate your opinion. I feel I need to respond to let them know that what they send is UE before I cease making payments.

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974 and my request remains outstanding.

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices that were signed by both your company (or client) and myself, as defined in s.61(1) of the C.C.A(1974), and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition, a full statement of this account should have been sent to me detailing all debits and credits to the account.

The prescribed terms, as required by section 60(1) Consumer Credit Act 1974, are not at all visible and therefore the documents provided do not constitute a ‘true copy’ and do not comply with current CCA legislation. Without the correct terms and conditions that accompanied this account I am unable to adjudge my position effectively. For this to occur I would require a "true copy" of the actual agreement and linked Terms and Conditions that apparently exists and I, therefore, appeal to you to fulfill my request.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

I consider this account to be unenforceable until such time you properly comply with my original request and send a copy of the original purported documents if they exist. If not, then you must confirm this to me.

I would advise that I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account.

I look forward to hearing from you in due course.

I welcome your thoughts and suggestions!

sourcrates · 17 July 2017 at 10:55AM

How old is your account ? only pre-April 2007 agreements need the prescribed terms to be included.

Also a reconstituted version is acceptable for any age agreement, and there is no requirement for a signature on the document either.

The letter you are quoting above is quite old, a more up to date version is available from the National Debtline website.

AllTheHelpICanGet · 17 July 2017 at 11:01AM

sourcrates wrote: »

How old is your account ? only pre-April 2007 agreements need the prescribed terms to be included.

Also a reconstituted version is acceptable for any age agreement, and there is no requirement for a signature on the document either.

The letter you are quoting above is quite old, a more up to date version is available from the National Debtline website.

Both accounts are pre-2007 (1996 and 2001 I believe from memory). I'll have a look on the NDL website - have had a good look round but must have missed that... Thanks

AllTheHelpICanGet · 17 July 2017 at 11:02AM

:eek:

sourcrates wrote: »

How old is your account ? only pre-April 2007 agreements need the prescribed terms to be included.

Also a reconstituted version is acceptable for any age agreement, and there is no requirement for a signature on the document either.

The letter you are quoting above is quite old, a more up to date version is available from the National Debtline website.

I can still only find the original template for the CCA request on the NDL website - not a follow up for the debt being UE?

sourcrates · 17 July 2017 at 11:23AM

Edited version :

Thank you for your recent letter, the contents of which have been noted.
I appreciate your quick response to my original letter. However, the reply does not fulfill your requirements under the Consumer Credit Act 1974 and my request remains outstanding.

The document that you are obliged to send me is a true copy (or reconstituted version) of the executed agreement that contains the prescribed terms, all other required terms and statutory notices that were signed by both your company (or client) and myself, as defined in s.61(1) of the C.C.A(1974), and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition, a full statement of this account should have been sent to me detailing all debits and credits to the account.

The prescribed terms, as required by section 60(1) Consumer Credit Act 1974, are not at all visible and therefore the documents provided do not constitute a ‘true copy’ and do not comply with current CCA legislation. Without the correct terms and conditions that accompanied this account I am unable to adjudge my position effectively. For this to occur I would require a "true copy" of the actual agreement and linked Terms and Conditions that apparently exists and I, therefore, appeal to you to fulfill my request.

I consider this account to be unenforceable until such time you properly comply with my original request and send a copy of the original purported documents if they exist. If not, then you must confirm this to me.

I would advise that I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account.

I look forward to hearing from you in due course.

AllTheHelpICanGet · 17 July 2017 at 12:51PM

Thank you SourCrates! Wonder what reaction I'll get to my response...

sourcrates · 17 July 2017 at 1:21PM

AllTheHelpICanGet wrote: »

Thank you SourCrates! Wonder what reaction I'll get to my response...

Well hopefully they will admit they are deficient, but dont be at all surprised if they ignore you completely.

Leanneglos1 · 24 July 2017 at 6:29PM

Hi all, quick question, when sending CCA requests and obtaining a postal order from the post office, do you need to tell the oat office the amount and company name, is it simply made payable to HSBC, Quickquid etc etc, im going to crack on and do these this week but I get anxiety over looking stupid and know I'll be in the post office with a big queue behind me looking dumb&#55357;&#56876; Could I just write a list of all my creditirs, give to the post office staff and say I want a £1 postal order for each??? Do you recommend sending recorded, signed for etc??? Thanks as always:)

CCA request

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