CCA request

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  • Robocop16 wrote: »
    ADVICE NEEDED AGAIN! TWICE PLEASE

    My Request to Restons was sent back to me originally with them offering nothing so i wrote to them a 2nd time as advised. I'd heard nothing back and now HSBC have written to me to say the account has been transferred to Moorcroft. Do i now just send another request to Moorcroft???

    Secondly Cabot have responded to say they can't get the information so it's now unenforceable so they are not permitted to obtain a judgment or Decree against me in court. However the balance remains outstanding and i should continue to pay.
    Should I ignore them,Pay £1 a month token or offer a very small settlement?

    Thanks for any advice

    If and when you receive any communication from Moorcroft, then send them the CCA letter with another £1 postal order.

    As for Cabot, they are correct - the amount remains outstanding, but they cannot do anything about it so you can safely stop paying. Save yourself the bother of paying a token amount or offering a small settlement.

    Victory on one, and a likely victory on the other. Well done! :j
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • lota1
    lota1 Posts: 16 Forumite
    First Post First Anniversary Combo Breaker
    I have had a reply to my CCA request from Link Financial re an MBNA loan from 2002. I did the request in September 2017 and the reply has just come now.

    I was wondering if someone could check the details for me
  • sourcrates
    sourcrates Posts: 28,844 Ambassador
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    Hi,

    For a loan, as long as it contains your name, address and all the correct financial details it will be compliant.
    It does not need to be signed.

    Lack of prescribed terms only applied to credit card accounts.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • lota1
    lota1 Posts: 16 Forumite
    First Post First Anniversary Combo Breaker
    Thanks for your reply Sourcrates, I have a copy of the signature slip with my signature on it, then an information sheet with my name address and details about my bank account etc and then lots of terms and conditions sheets.

    Nowhere does it state the amount borrowed or term of loan should this be included?
  • sourcrates
    sourcrates Posts: 28,844 Ambassador
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    lota1 wrote: »
    Nowhere does it state the amount borrowed or term of loan should this be included?


    Yes, as without that information there is no agreement is there, both borrower and lender need to know how much was borrowed, and what the repayment terms are, sounds like they have tried to reconstitute your agreement, and made a bad job of it.


    If there is no financial information whatsoever, write back telling them what they have sent you does not comply with what you asked for.


    The account could be deemed unenforceable because of this lack of information, its up to you how you proceed.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • lota1
    lota1 Posts: 16 Forumite
    First Post First Anniversary Combo Breaker
    Thanks Sourcrates, should I tell them what is missing and see what they come up with or just say that it does not comply. I don't know if there are any templates around for this type of thing, any idea where I can start looking?
  • sourcrates
    sourcrates Posts: 28,844 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    lota1 wrote: »
    Thanks Sourcrates, should I tell them what is missing and see what they come up with or just say that it does not comply. I don't know if there are any templates around for this type of thing, any idea where I can start looking?

    You just say you consider the account is unenforceable and non complaint because........then list what’s not there.......for example financial information, look up the consumer credit act online, see what should be included, quote relevant guidelines, stick to facts, don’t waffle on.

    Remember though, ultimately only a court can decide enforceability one way or another, your creditor May resort to the courts, or they may not.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Reading through the threads about sending CCA template letters, I have one saved and would appreciate advice whether the wording is correct and appropriate for a request. (see below)

    Dear Sirs,

    Reference: 123456789

    I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

    I require that you provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

    If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

    I also remind you of your duties, in line with recent FCA Consumer Credit Sourcebook (CONC) guidelines surrounding Unenforceability I presume you're aware that it suggests that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

    1. a copy of their agreement
    2. copies of some of the other documents mentioned in their agreement
    3. a statement of account


    If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

    1. make the debtor pay the debt before they're supposed to
    2. get a court judgment against the debtor


    So, in line with these (FCA CONC) guidelines, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee to request any such documentation regards this account - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

    I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the Financial Conduct Authority.

    Yours faithfully,



    Sign Digitally / Type Name
  • Your last paragraph is not needed, is not necessary, and will not provide you with any hope of getting a payout (just in case you were hoping you would).
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • sourcrates
    sourcrates Posts: 28,844 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Your letter is OK, but i agree with Pop`s, remove the last paragraph, it`s not needed.


    Don`t expect a response within 14 days either.
    It can take a month or more, sometimes 3/4 months.


    Ive known one take 9 months, so don`t hold your breath.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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