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  • FIRST POST
    • jcorbygas
    • By jcorbygas 5th Jun 17, 9:38 AM
    • 578Posts
    • 281Thanks
    jcorbygas
    CCA request
    • #1
    • 5th Jun 17, 9:38 AM
    CCA request 5th Jun 17 at 9:38 AM
    Just a quick query - doing my CCA requests and wondered whether they should be sent recorded delivery?
Page 4
    • sourcrates
    • By sourcrates 7th Mar 18, 12:36 PM
    • 15,765 Posts
    • 14,821 Thanks
    sourcrates
    So I have received a response from Fairfax for 3 accounts as follows

    Please find enclosed Postal order for £1.00 as this is no longer required.

    Your account has been placed on temporary hold while we contact the client.

    We will back back i touch when we have more information.

    Why would they return my postal orders but still chase the CCA
    Originally posted by Robocop16
    Some creditors do this on occasion.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 7th Mar 18, 12:36 PM
    • 5,308 Posts
    • 5,423 Thanks
    poppasmurf_bewdley
    So I have received a response from Fairfax for 3 accounts as follows

    Please find enclosed Postal order for £1.00 as this is no longer required.

    Your account has been placed on temporary hold while we contact the client.

    We will back back i touch when we have more information.

    Why would they return my postal orders but still chase the CCA
    Originally posted by Robocop16
    It probably costs them more to bank the cheque than it's worth, so the easiest (and cheapest) way to deal with it is to return it. There are many examples of this being done.
    "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
    • Robocop16
    • By Robocop16 22nd Mar 18, 11:27 AM
    • 15 Posts
    • 3 Thanks
    Robocop16
    Hi

    I sent a 2nd letter to Restons again asking for the CCA agreement and stating I know it becomes unenforceable if they cannot provide.

    They have replied saying “we no longer are dealing with this matter please contact the creditor direct”

    Does that mean they are no longer chasing the debt or just not interested in the CCA

    Thanks
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 22nd Mar 18, 5:05 PM
    • 5,308 Posts
    • 5,423 Thanks
    poppasmurf_bewdley
    Hi

    I sent a 2nd letter to Restons again asking for the CCA agreement and stating I know it becomes unenforceable if they cannot provide.

    They have replied saying “we no longer are dealing with this matter please contact the creditor direct”

    Does that mean they are no longer chasing the debt or just not interested in the CCA

    Thanks
    Originally posted by Robocop16
    It means they can’t comply with your CCA request and they’ve returned it to the original creditor.
    "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
    • Robocop16
    • By Robocop16 22nd Mar 18, 6:27 PM
    • 15 Posts
    • 3 Thanks
    Robocop16
    So do I now have to request it myself from the original lender?

    Is it not up to Restons to supply me with this as its them who the debt is with?

    Thanks
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 22nd Mar 18, 7:57 PM
    • 5,308 Posts
    • 5,423 Thanks
    poppasmurf_bewdley
    So do I now have to request it myself from the original lender?

    Is it not up to Restons to supply me with this as its them who the debt is with?

    Thanks
    Originally posted by Robocop16
    Don’t do anything until you get another letter. It’s dead until someone else writes to you.
    "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
    • By sourcrates 22nd Mar 18, 8:58 PM
    • 15,765 Posts
    • 14,821 Thanks
    sourcrates
    The original creditor always retains the paperwork, so any DCA that buys the debt, or manages it, must always refer back to them.

    You have done your bit, the ball is now in their court, if they do not respond, your debt will remain unenforceable until they do.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Robocop16
    • By Robocop16 23rd Mar 18, 1:34 PM
    • 15 Posts
    • 3 Thanks
    Robocop16
    Hi

    Thanks for the replies that is what I thought but the way they had written it makes out I should write to the original lender myself for this information.

    I will leave this one alone now.

    Thanks
    • sourcrates
    • By sourcrates 23rd Mar 18, 2:19 PM
    • 15,765 Posts
    • 14,821 Thanks
    sourcrates
    Hi

    Thanks for the replies that is what I thought but the way they had written it makes out I should write to the original lender myself for this information.

    I will leave this one alone now.

    Thanks
    Originally posted by Robocop16
    You could ask them to clarify their position, as it is possible they may not of passed on your request, as they are supposed to.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Robocop16
    • By Robocop16 12th Apr 18, 1:27 PM
    • 15 Posts
    • 3 Thanks
    Robocop16
    Hi

    Had some replies from Drydens's Fairfax with a General Notice of Assignment and stating they are still waiting further documentation therefore the account will remain on hold.

    Had one back saying the client couldn't provide a CCA at present and in view of the balance we have made a decision to cease all collections activity. I will not receive any further contact regarding this matter but please do not hesitate to contact us if you wish to make a payment.

    Happy with that.

    Thanks for the advice so far.
    • Robocop16
    • By Robocop16 24th Apr 18, 12:56 PM
    • 15 Posts
    • 3 Thanks
    Robocop16
    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
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 24th Apr 18, 1:54 PM
    • 5,308 Posts
    • 5,423 Thanks
    poppasmurf_bewdley
    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
    Originally posted by Robocop16
    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!
    "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
    • By lota1 19th Jun 18, 8:45 AM
    • 11 Posts
    • 26 Thanks
    lota1
    reply from Link/MBNA CCA request
    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
    • By sourcrates 19th Jun 18, 10:32 AM
    • 15,765 Posts
    • 14,821 Thanks
    sourcrates
    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 Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • lota1
    • By lota1 25th Jun 18, 8:31 AM
    • 11 Posts
    • 26 Thanks
    lota1
    missing financial details
    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
    • By sourcrates 25th Jun 18, 10:17 AM
    • 15,765 Posts
    • 14,821 Thanks
    sourcrates
    Nowhere does it state the amount borrowed or term of loan should this be included?
    Originally posted by lota1

    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 Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • lota1
    • By lota1 27th Jun 18, 11:20 PM
    • 11 Posts
    • 26 Thanks
    lota1
    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
    • By sourcrates 28th Jun 18, 7:21 AM
    • 15,765 Posts
    • 14,821 Thanks
    sourcrates
    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?
    Originally posted by lota1
    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 Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • MickDundeell
    • By MickDundeell 16th Jul 18, 11:20 AM
    • 1 Posts
    • 0 Thanks
    MickDundeell
    CCA's
    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
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 16th Jul 18, 11:29 AM
    • 5,308 Posts
    • 5,423 Thanks
    poppasmurf_bewdley
    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
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