Here I come, no CCA from Woolwich Credit Card **WON

[gill5blue]

Hi,
I sent off for my CCA 22nd May from Woolwich credit card and have not recieved a copy, I am sending a no acknowledgement letter tommorrow
wish me luck
Gill

[out of cash]

hi gill,

the very best of luck to you i have about 8 on the go at the mo

[gill5blue]

Hi
Still no answer, they have committed an offence

good luck to you

Gill

[welshcakes]

Okay gill

The ball's in your court - you can either ring them and when they promise to send them in next 5 working days, you can wait til next week and possibly have wasted a week because nothing's come through.

Alternatively, you can make a claim for Breach of Data Protection Act (I recommend N1 route straight into county court to save a good few weeks). Then you get to claim costs and reasonable damages.

Can I presume that you have sent the S.A.R - (Subject Access Request) and LBA from this site?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[gill5blue]

Hi Welshcakes
Yes I have Subject Access Request but not LBA, (no charges)
They have not sent a copy of the Consumer Credit Agreement in fact they have sent nothing, and no communication either. They have gone beyond the 12 and 2 plus 30 days (I sent the letter 22nd May) I have stopped paying them, that might make them respond. I want to go for no acknowledgement of debt, as they do not have the agreement, and have the debt written off
Gill

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[welshcakes]

Hi gill

The LBA I was referring to was the letter you should be sending threatening court action for breach of the Data Protection Act (exceeding the 40 days). They normally respond once they get this.

The link for a non-compliance LBA is http://www.consumeractiongroup.co.uk...n-act-non.html Template Letter #2. You can adjust it to include that the action incorporates they're withholding of a true copy of the original CCA.

Also advise that the account is in dispute as you believe the debt to be unenforceable - this will spur them on to include a copy of the CCA with the account transaction data.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Disputed account materials Follow this link to our library of materials to help you try to deal with the problems of defaults on disputed accounts. It is contrary to Information Commissioner guidelines and also contrary to the banking code to default disputed accounts. However, it happens all the time.

[gill5blue]

UPDATE
Hi I put a complaint into FOS and they state they have written to barclaycard requesting them to supply. They have 8 weeks or I have to resend complaint form
Ireceived a letter from BARCLAY stating they do not have the agreement BUT HAVE COMPLIED? I responded with this is not good enough and to reduce the account to zero
maybe 2008 will be a good year

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[postggj]

I To Have A Letter From Hbos Stating They Have No Cca
They Made A Point That Our Friends Blair Oliver And Scott Would Not Be Chasing The Balance.
Not Good Enough, Ime At The N1 Stage For Removal Of Default.
Default Is A Form Of Enforcement, No Cca, So They Cannot Enforce

[gill5blue]

Hi ALL
UPDATE:
They agreed to have the debt wriiten off
Please mods change my title to WIN

[noomill060]

Absolutely bruddy blilliant!

[gill5blue]

Has any one else had success?

[upto the eyeballs]

subbing for ref well done

[beachcomber60]

Well Done Gill,

That was relatively painless & quick.

Hope my Barclaycard Accounts go the same way, no cca sofar and no acknowledge - way way outside timescale.

Beachy.

[Candylee]

Originally Posted by welshcakes

Hi gill

The LBA I was referring to was the letter you should be sending threatening court action for breach of the Data Protection Act (exceeding the 40 days). They normally respond once they get this.

The link for a non-compliance LBA is http://www.consumeractiongroup.co.uk...n-act-non.html Template Letter #2. You can adjust it to include that the action incorporates they're withholding of a true copy of the original CCA.

Also advise that the account is in dispute as you believe the debt to be unenforceable - this will spur them on to include a copy of the CCA with the account transaction data.

Hi, i am a bit confused, I have sent letters to creditors re: provide CCA. None have done so! they received follow up template letter - non-compliance. Do i also have to send them each letter for Data request?

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[gill5blue]

Hi All
Updating my threads today
I have had the debt written off, and I have checked creditexpert and the debt is not listed, cool.
How are you all getting on?
Candilee, if you start your own thread you will recieve advice from more experienced individuals
Cheers
gill5blue

[gill5blue]

Hi Everybody,
Upon checking my credit report recently this supposed debt was recorded, I wrote to them, including a copy of their letter writing it off stating this was unnacceptable. I have received a grovelling apology from them and today it is not on my credit report, it has completely disappeared. WAHOO.
So my win still stands.
Gill5blue

	Credit Report Click link to open in new window.