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Everything posted by TryingToGetEven

  1. Sorry, one other thing popped into my mind once I'd posted. Do they have to supply details on ALL variations that have taken place throughout the life of the agreement, eg interest rate going from 1 to 2 to 4 and not just that it's gone from 1 to 4?
  2. Thanks again. Have read what your wrote (above) and also the OFT document you gave the link for. Am I right in thinking that it's not sufficient for them to send the T&C's as they were when the agreement was signed and a copy of the latest T&C's? Ie, if something has changed, they have to explicitly state what was changed. As I understand it that seems right and is backed up by Carey v HSBC.
  3. Thanks again. Have looked at the point you mentioned:: If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms; Now I'm probably being stupid but I don't understand what that means.
  4. Rebel11, Thanks for the reply have some reading to do then! I also found - typically after saying I couldn't - this http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability Is the OFT stuff you sent more accurate?
  5. I've 'done' about 5 CCA requests for a member of my family. One's replied saying they're still trying to find all the documents - happy days! But...the others have sent back copies of the signed application form and copies of the terms - albeit ones that seem to have been typed up to use in their replies, ie not the original ones. Anyway, I've searched these forums and can't find listed exactly what makes something enforceable or not. Can anyone point me in the right direction please. Only ask as I'd rather not scan everything in and then have to ask someone else to look at them on my behalf. All help gratefully received.
  6. Silverfox, thanks for having a look and the comment. Sorry to hear it's enforceable but...she had another account with the same company (albeit a diffferent part of the group) and the CCA request to them resulted in them writing back saying they couldnt find the agreement and so would not be pursuing the debt! So one out of two isn't bad! Thanks again for the help, much appreciated.
  7. Sorry to pester, but can anyone have a quick peak at the images and advise please. Thanks.
  8. Performed a CCA request for the wife and her Littlewoods account, got this back - looks like 'just' an application form to me and not what they should have sent, but could someone confirm whether it is the right thing or not please. Also, if this is the CCA, is it enforceable? Links as follows: http://i413.photobucket.com/albums/pp213/goldenapplecorps23/Littlewoods/100705CCAScan1.jpg http://i413.photobucket.com/albums/pp213/goldenapplecorps23/Littlewoods/100705CCAScan2.jpg Thanks in anticipation of some help.
  9. Cerberusalert, Thank you once again for your help and for the letter template. Really very grateful I should add that having received that I also sent an SAR and got nothing more!
  10. Cerberusalert, Thank you once again for your help and for the letter template. Really very grateful!
  11. Quick update first, question to follow! After a bit of letter tennis, the DCA returned it all to the original creditor (Mint) and I CCA'd them. Mint sent back a letter, the original application form and two pages of 'terms and conditions'. All the scans can be found using the following links: Mint letter: MINT :: 100702PatMintCCA1.jpg picture by goldenapplecorps23 - Photobucket Original Application Form: MINT :: 100702PatMintCCA2.jpg picture by goldenapplecorps23 - Photobucket The two pages of T&C's: MINT :: 100702PatMintCCA3.jpg picture by goldenapplecorps23 - Photobucket MINT :: 100702PatMintCCA4.jpg picture by goldenapplecorps23 - Photobucket Mint say that this is 'True Copy' (see their letter) and that it is enforceable but is it? Can anyone help please. Any advice and comment gratefully received as always and thanks in advance for any assistance received.
  12. Cerberusalert, Thanks for looking at it, shame it's enforceable but I suppose 2 out of 3 being not so is quite a good result. Well they've sent a 'Notice of Default Sums under the Consumer Credit Act 1974' if that's what you mean...
  13. Wife's got a few Shop Direct Accounts, after some CCA requests we've been lucky with 2 accounts where they admitted they didn't have the original CCA and so said they would no longer pusure the debt! So firstly thanks to all on this forum for what they do - this stuff does work! However, her Littlewoods account sent back this http://i413.photobucket.com/albums/pp213/goldenapplecorps23/100315CCAScan.jpg From the little I know, I suspect this one is enforceable but can someone better versed in all this let me know what they think please. Thanks in advance.
  14. Cerbrusalert, Thank you once again for your continued help, it is very much appreciated. When I was browsing the letter resources, I found this one by 42Man which also seemed appropriate: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute I say appropriate as having CCA'd the original DCA, they obviously gave up and they / the credit card company have then passed it on to the second DCA that I'm now in contact with. If 42Man is right - and I have no reason to doubt that he is - would this be a better line of attack? Or should I combine his letter with the one you've recommended for a full-on assult
  15. Some advice please... Following my CCA Request, new DCA have written back saying that they are 'Unable to provide a copy of your Consumer Credit Agreement'. They've also said that 'Our client has instructed us that if you require copy statements...' then I will need to write to them direct and enclose a payment of £10. Am I right that the DCA has to pass on my CCA request to the original lender or does their reply about 'their client' saying mean that they've done what they're supposed to? They did at least return my £1. My guess is that nobody has the CCA which is good, but should I now write to the DCA saying go away and also to the original lender saying much the same?
  16. Quick bit of help from someone please... New DCA sent a 'pay all in 7 days' letter that must have crossed in the post with my CCA request to them. Am I right that once I've sent the CCA request they can't chase for money until they provide the agreement etc?
  17. A further update for anyone that's been keeping up with this thread. Original DCA has returned the debt to the Credit Card Co. who, in turn, have sent it to a new DCA! So we start the process again with them. Fun, fun, fun...
  18. Just a quick update... Thanks to the complaint to the CSA, the DCA have written saying they're carrying out an internal investigation and will not be chasing for any payments until this has been done!
  19. No they've seemingly given up on the sending the boys round option. Complained to CSA as well as TS and OFT. CSA have written back saying they've contacted the DCA and I will get a copy of the letter the DCA sends CSA.
  20. Back again! Following my last letter to them, the DCA have replied and repeated that they've told me to go back to the original creditor for a copy of the CCA! I presume - but would appreciate someone confirming please - that this is correct: 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. They've also said that the cheque for £1 that I sent when I made the original CCA Request has been 'applied to my account'. This isn't allowed is it? Best bit about that £1 cheque is that it was actually a postal order...and they returned it! As always, thanks in advance of any help received.
  21. Cerberusalert, That's brilliant! Thank you so much.
  22. Cerberusalert, Thanks that was the letter I'd seen and was wondering about. Will add that to the bottom of the letter I'll be sending them to point out - yet again - that as they haven't produced the CCA (which by their own admission they don't have!) they cannot enforce the debt. Who can I complain to about these muppets - Newman - OFT, CSA, Trading Standards, anyone else? And is there anywhere on this site that I can find the addresses I need? Thanks again for help received and in anticipation of future...
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