C.C.A. turned up after 12 months???

[bigal9ball]

HI,

I"ll try and keep this as short as possible-Myself and my ex-partner took out a £1000 loan with FIRST NATIONAL in june 2000 and i had been paying the monthly repayment every month without fail even when my ex-partner and i split up-then all of a sudden GE MONEY had taken over the loan and i read on this forum about requesting a copy of my C.C.A. which i duly did in march 2007 and nothing was produced but all of a sudden GE MONEY started hassling my ex-partner for the debt and ringing her about 6 times a day but they never contacted me once after i had sent off the C.C.A request!

Now all of a sudden a firm called LINK FINANCIAL have taken over the debt and i have been through the same scenario with them as with GE MONEY about the C.C.A request for the past 6 months.

Yesterday a copy of my original C.C.A. arrived on my doorstep!! God only knows where theyve pulled that up from when GE MONEY couldnt produce it and its taken LINK FINANCIAL 6 months to produce it?

Could you please tell me where i stand from this stage on now please?

Am i liable for all the interest that hasnt been paid since my C.C.A. request in march 2007?

Can LINK FINANCIAL produce my C.C.A. after all this time?

Why has my debt been passed on 3 times??

As it stands im waiting for a call from LINK FINANCIAL to ask me if ive recieved my C.C.A request but i"ll avoid their call for a while until i get together as much info as i can.

Any help would be gratefully apprieciated----regards--BIG AL

[ODC]

I suggest you post on here with personal details ommitted the CCA that Link claim is valid. It seems strange that they can suddenly produce it when the others couldnt

[bigal9ball]

my scanner is not working! been trying all day-will try and post it off a friends scanner tomorrow-thanks--BIG AL

[bigal9ball]

I have the CCA as a scanned image (jpeg).

 

Can anyone tell me how I post it into the forum thread ?

[boyboynova]

Hi Big Al,

Try using Photobucket,to download your image.

[rory32]

Also have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[bigal9ball]

They are now threatening me with court action - here is a copy of my CCA that they sent me 12 months after I requested it:

 

[Having_A_Knightmare]

It looks enforcable to me.

 

Dod you get any terms and conditions.

 

HAK

[boyboynova]

Would,t they have to go to court now tho to enforce it.

[Having_A_Knightmare]

The judge would exept the agreement even if it arrived outside the time limits

[mrmarmite]

it says terms are on the back

[gymfreak1978]

amazing to think you could buy a property for 20K back in 1995, wonder if these days will return,

[mrmarmite]

amazing to think you could buy a property for 20K back in 1995, wonder if these days will return,

 

I hope not, my mortgage is for 106k, ATM house worth 193 as said ATM but will prob change, i will say that my 1st home (2 bed flat) done me favor, brought for 60k in 2000 sold it in 2005 for 145k moved to semi detached 3 bed brought for 166.5k

[Brassed off]

I bought my semi for £33K seven years ago

[mrmarmite]

I bought my semi for £33K seven years ago

 

LMAO wassat then? a converted baked been can or a SMALL jar of Marmite lol

[Brassed off]

Oi you - post 7 - Bigal - remember? His thread

 

Ok, off to find the prescribed terms stuff

[Brassed off]

I agree with HAK, looks enforceable but have they sent the T&Cs from 2000?

 

Is your signature correct Big Al?

[mrmarmite]

Oi you - post 7 - Bigal - remember? His thread

 

Ok, off to find the prescribed terms stuff

 

oh yeah, soz posted in wrong thread

[bigal9ball]

Yes my signature is correct this is definately a copy of my original CCA.

All im asking is do i start repaying the loan on the same terms as before i requested my CCA? Do i owe any interest from the period i havent paid while they have been trying to produce it or can i argue that it isnt my fault its taken this long??

[Jaws75]

subbing with interest

[mrmarmite]

Yes my signature is correct this is definately a copy of my original CCA.

All im asking is do i start repaying the loan on the same terms as before i requested my CCA? Do i owe any interest from the period i havent paid while they have been trying to produce it or can i argue that it isnt my fault its taken this long??

 

dont need to argue anything. just sort out an agranement with them to pay what you can afford, if they dissagree say tough, as long as you can PROOVE you can only afford the amount you will be paying should they take any action there wont be a lot a court can do

[pt2537]

can i ask when did you start making repayments? how long was it after signing the agreement ? if you can remember and confirm it that would be great as i have run the figures through the OFTs DualCalc and its saying the APR is wrong on the face of it

 

dual calc is showing 25.2%

[bigal9ball]

Hi,

Ive posted on here a few times before so i"ll try and keep it as short as possible.

Myself and an ex partner took a loan out in sept 2000 with first national-5 yrs later the loan was taken over by G E MONEY who i continued to pay monthly until about 2 yrs ago when i read on these forums about requesting CCAs-which i duly did to G E MONEY who surprise surprise produced nothing, but did begin to hassle my ex about 12 times a day on her mobile for the outstanding amount on the loan without ever contacting me once after i had sent the CCA request?

I have since received letters from LINK FINANCIAL who have been passed the debt from G E MONEY.

I have requested the CCA again over the phone to LINK and somehow from somewhere they have produced it.

I rang LINK today as they sent me an urgent text message about my account and to concact them-the welsh lady on the other end was possibly the rudest person i have ever had a conversation with-I played dumb and denied receiving a copy of my CCA and asked if they could send another copy and when i receive it we can start procedure of a repayment plan! To which she laid into me about having to pay the amount in full or legal proceedings would begin immediately! I tried to explain that it is impossible for me to pay the amount in full but she was having none of it!

I was so upset at the way i had been spoken to that i rang CONSUMER DIRECT to speak to one of their advisors and basically explained my situation with LINK and he said he had never heard of asking for a copy of your CCA he said that a loan company is only obligated to issue you with the original CCA and that i had defaulted on my loan by stopping payments while i waited for my CCA copy?

Im sorry but as you can understand im very confused right now and am in fear of having to go to court with LINK when all i want to do is set up a new repayment scheme now that they have produced my CCA copy

 

regards-BIG AL

[42man]

Firstly NEVER speak to a debt collection agency on the phone....they will lie and intimidate to frighten you into paying...LINK are being unreasonable...

 

You say they sent you a copy of your CCA....can you scan/photo it and put it up here so we can see if it is enforceable ?....

 

Also if they are harrassing you on the phone send them this by recorded delivery...

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

 

 

[NAME HERE]

.

IF they continue to ring, write down all the dates and times they call !!! As for the guy at Consumer Direct, I think you'll find although they do a good job, quite a significant number of people on these forums know more about credit debts than they do !!!

 

Take a read of this...

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement; and

 

(b)

if the default continues for one month he commits an offence.

 

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

[bigal9ball]

Thanks 42 MAN you have been very helpful-I did post a copy of my original CCA that LINK sent me in MARCH 2008 but cant find the post now?

I can assure you that it is a copy of the original document that myself and my ex signed-just want to know what to do now-thanks