Thread: HBOS AA Credit CArd Debt - PPI/Charges reclaimed - now have SD issued

Ive just missed my first card payment in years and since thursday ive had approx 15 calls, i answered the first one and explained to the guy i have sent them a letter explaining my circumstances (made redundant and asking if i could make lower payments etc).
When they ring me now i either ignore it or tell them to contact me by letter only. Tomorrow i am sending them a CCA request, and if the calls carry on i will be sending them an harassment letter.
Have i done the right thing?

Absolutely!

thanks, i will post up the replys for scrutiny, but im guessing the AA/RBS are on the ball when it comes to these matters.
In the meantime do i send them a "token" payment?.

After just 1 letter and 1 phone call Northern Rock agreed i had been misold my policy and will be returning my money and 8% (£1100) by friday

Its come just at the right time too because im broke.

Excellent news weeble

Makes it a whole lot better when it comes at the right time too.

Regards

PF

I recently sent off my cca request to AA and today i got my monthly statement and noticed that £1.00 had been deducted from the account. As we have not made a recent payment to them i can only presume they have used the postal order sent for my cca request and used it on the account.

Surely they shouldnt have done this as it specifically states on the cca request letter that it should be used for my cca request and nothing else.

Any advice what to do now please.

No they shouldn't have used it to pay on the account. I think you need to write to them and make them aware that whilst they have credited the account they were instructed to use that for a copy of the CCA which they are/maybe late with supplying.

They still have 5 days left to comply with my cca request, do i hold off or send them a letter anyway? also do i tell them i will not send another £1.00 postal order for my request.
thanks

I sent off my cca request on 6/5/09 and today i receiced this letter and what appears to be a freshly printed copy of an agreement, no signatures, and looks nothing like an "original" agreement.
Am i missing something here, or are they correct in what they say in the letter?
I have only scanned the letter, not the agreement.

Having just spent 2 hours trawling through the site i have come to 2 conclusions....
1: lenders are within their rights to send out copies of cca requests, just like the one i received this morning, im guessing they are getting wise to sending out "originals" as they could be posted on forums such as this and have holes picked in them.
2: its up to me to decide whether or not they can produce the "original" should the courts be involved.

The more i read up on cca requests the more confused i become

bumped... can anyone clarify if what they state on the letter is acceptable, or just scare tactics

I sent of a cca request to RBS (aa credit card) on 6/5/09 and recieved this.

I have only scanned the main letter, the rest of it is just a freshly printed copy of the terms etc, no signatures.
I know this is a duplicate post (posted in the RBS section) but i have had no response, so posted here because i need to know what to do next

ok thats fair enough, but why do the letter templates that im sure everyone sends out havent been amended. Its seems a bit conflicting to people like me who dont know much about the system

Also in the letter i received it states that they will no longer be entering into any more corespondence with regards to my agreement, so what can i do now? Do i send off a new cca request or will they just ignore it and then i can put the account in dispute.

Thanks for replying though

Hi

Are you able to post your credit agreement, as I also requested my CCA, and received the reply you sent. I also recieved a signed copy of duty of care check list, a seperate sheet highlighting the terms and conditions, with a different style of signature as to the duty of care check list. And a sheet highlighting financial information, which is hand written and looks recent in comparison to the other two sheets.

I know I have gone on a bit, have a look at what I have posted, under search type in Khadzay it shoud all be there

Could i just send this letter back to them and see what happens?

Dear Sir or Madam

Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

I wrote to you recently requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. This deadline has now passed & I have not received the requested documents from you.

I am sure you are aware that an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect.

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
• You may not add any further interest or charges to this account.
• You may not pass this account to any third party.
• You may not register any information in respect of this account with any of the credit reference agencies.
• You may not issue a default notice related to this account.

or should i send off this letter?

Dear Sirs

Account number

I write with regards to the above account with your organisation.

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)


Regards

or do i just fire off a Subject access request, which is what i think you are suggesting.

and thanks once again, your time really is appreciated