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Thread: Mills v Cahoot

  1. #1
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    Default Mills v Cahoot

    I too have one of these Flexible loans.
    I was paying regular instalments, this did not stop them escalating the interest rate at regular intervals.
    I will be going down the CCA Route myself.
    So just to sum up the process, CCA request letter sent registered delivery with enclosed £1 postal order with wording on the reverse " for cca purposes only " ?
    Any advice anyone? thanks.



  2. #2
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    Default Re: Mills v Cahoot

    Write on the letter too... and photocopy the postal order (both sides)

    "I have enclosed a £1 postal order which is the statutory fee for processing my request. It is not to be used for any other purpose and if you are unable to meet this request then please return the fee with a letter explaining the reason you are unable to comply."


  3. #3
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    Default Re: Mills v Cahoot

    Thanks vJohn, can someone post a link to the cca letter on here for me please?
    Regards.


  4. #4
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    Default Re: Mills v Cahoot

    Here you are

    Dear Sir/Madam,

    This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to a defaulted account that appears on my credit file, 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. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

    If it is your view that you are not the creditor, s.175 of the CCA 1974 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 Tradingicon Regulations 2008 (CPUTR).

    I enclose a postal order in the sum of £1.00, which is the statutory fee. 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.

    Yours faithfully




  5. #5
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    Default Re: Mills v Cahoot

    VJohn, just a quick question.
    In the first paragraph of the suggested letter, it states " I require you to provide me with a true copy of the credit agreement relating to a defaulted account that appears on my credit file, together with any other documentation the Act requires you to provide. "
    At the moment the account is not defaulted or appearing on my credit file.
    I am just seeking a true copy of the original agreement.
    Many Thanks.


  6. #6
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    Default Re: Mills v Cahoot

    Quote Originally Posted by mills1 View Post
    VJohn, just a quick question.
    In the first paragraph of the suggested letter, it states " I require you to provide me with a true copy of the credit agreement relating to a defaulted account that appears on my credit file, together with any other documentation the Act requires you to provide. "
    At the moment the account is not defaulted or appearing on my credit file.
    I am just seeking a true copy of the original agreement.
    Many Thanks.
    Just amend to suit your particular case... many of these letters are based upon templates... you need to always read through (which I can see you have done) - this will also help you understand the issues being complained about etc.


  7. #7
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    Default Re: Mills v Cahoot

    Thanks VJohn, appreciated.


  8. #8
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    Default Re: Mills v Cahoot

    Quote Originally Posted by mills1 View Post
    Thanks VJohn, appreciated.
    Hey... that's what the scales are for ;-)


  9. #9
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    Default Re: Mills v Cahoot

    My CCA request went in the post yesterday, was told it would not go until first thing monday so from 14th December the countdown begins


  10. #10
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    Default Re: Mills v Cahoot

    Can anyone advise please?
    I have just checked the status of the delivery of the CCA request on the post office web site.
    This came up : " A delivery was attempted for your item with reference xxxxxxxxxx "
    What in the grand scale of things does this mean?
    Apart from the obvious.
    Or have cahoot set the pitbulls on the postie?

    Cheers.


  11. #11
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    Default Re: Mills v Cahoot

    Bump anyone?

    Thanks


  12. #12
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    Default Re: Mills v Cahoot

    Given that delivery seems to have been attempted, as quoted on the post office website, do I still run this as per the schedule? the 12 working days then issue the default letter?
    Thanks.


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    Default Re: Mills v Cahoot

    Any advice appreciated thanks.


  14. #14
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    Default Re: Mills v Cahoot

    Bump


  15. #15
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    Default Re: Mills v Cahoot

    Hi,

    Not sure what the score is regarding an attempted delivery, the 12 + 2 days start from when they receive the CCA request.

    I'll have a look around.

    Where did you send the request ?

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

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  16. #16
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    Default Re: Mills v Cahoot

    Quote Originally Posted by maroondevo52 View Post
    Hi,

    Not sure what the score is regarding an attempted delivery, the 12 + 2 days start from when they receive the CCA request.

    I'll have a look around.

    Where did you send the request ?

    Have just rechecked the number on the post office website and it is still saying delivery attempted.

    Friars House
    po box 1981
    Coventry
    CV1 2ZD

    Thanks.


  17. #17
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    Default Re: Mills v Cahoot

    Hi,

    Think a lot of people have had trouble getting anything from that address, usaully gets re-directed, then takes forever.

    Cahoot is now part of Abbeyicon National PLC, might be worth your while sending a new request to..........

    Abbey National PLC.,
    Abbey National House,
    2 Triton Square,
    Regent’s Place,
    London,
    NW1 3AN,

    Bit of a pain, I know.

    Regards.

    Scott.

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    If in doubt, you should seek the opinion of a Qualified Professional.

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  18. #18
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    Default Re: Mills v Cahoot

    Hi Scott, thanks for the reply.
    I sent the request to the address I have quoted having got it from the contact details on this website, should the address on the website now be rectified to save other people wasting their time?

    Thanks again.


  19. #19
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    Default Re: Mills v Cahoot

    Hi,

    Sorry, a few contact details don't seem to get updated as much as they maybe should, it's difficult to keep track of everything, I found that other address on a thread from this site, dated this year, so that one seems to be more up to date.

    Regards.

    Scott.

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  20. #20
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    Default Re: Mills v Cahoot

    Quote Originally Posted by maroondevo52 View Post
    Hi,

    Sorry, a few contact details don't seem to get updated as much as they maybe should, it's difficult to keep track of everything, I found that other address on a thread from this site, dated this year, so that one seems to be more up to date.

    Regards.

    Scott.
    Cheers Scott, just wondering how much i need to spend before getting to the correct address.
    Cheers anyway.



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