Showing results for tags 'cca'.
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Hi All I recently followed advice on here and sent CCA requests to all Creditors on my DMP with Stepchange. I need some advice, Next have sent the attached reply. The debt is currently being dealt with by Debt Managers Ltd. (apologies if I have posted this in the wrong place) What do I do next? Many thanks
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Hi, I have had a response from Lloyds - they have sent me a reconstituded copy of the CCA. It does not contain a signature, although I believe it doesn't have to contain a signature in order for it to be enforceable. It's for credit card and it has my husband's name and address on it but nothing else. No credit limit on it. That was document 1. Document 2 was entitled 'Your Lloyds TSB Credit Card terms and conditions. Applicable from 26th November 2011' The account was defaulted on in 2004. They have given a statement of the account in another, separate letter stating the balance, credit limit,current monthly interest rates, arrears and further payments to be made. They state they have sent us a copy of the Signed document - but it is not signed. My husband owes them £896 - we have previously offered £330 as a F&F settlement which they have refused. I'm not sure if we can do much more - they insist that this is a legally enforceable debt. What next? Any help would be appreciated. Roar. -
Sent a cca to MBNA - they sold to Moorgate Sent a cca to Moorgate on 13th November - they cashed in cheque on 20th November - heard nothing since then - absolutely nothing. I have had three reminders that I owe them money... but nothing else. Any words of wisdom from the esteemed people on here?
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hi there not sure if this is the correct forum I have recieved a ccj claim form on the 2nd its for a credit card i had in 2002 but it has been defaulted in 2009 when the bank stepped in and closed my current account. the debt is sold to a dca and they are taking me to court my question is can the judgment be set aside if the dca cannot produce the cca and i was probably missold ppi with the card dont know what to do
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We recently had a holiday that was awful, and on our return complained to the Tour Operator (following up our complaint to the resort reps). The tour operator gave us the complete brush off, so we made a Section 75 request to the credit card company. 2 months later they have responded and turned down the claim. The bank claims that for s75 to apply there must be an unbroken link between debtor, creditor and supplier. In this case they claim the supplier was the hotel. Their basis for refusal is that the main complaint was the filthy, dangerous state of the hotel, and because we didn't pay the hotel ourselves (it was a package holiday) there is no 'link' between debtor, creditor and supplier as the hotel was the supplier at fault. Now, anyone with even a basic grasp of contract law knows that if you subcontract part of a job, you still remain responsible for the work, and that the 'link' the bank claims is broken is in fact completely intact, but it stops at the tour operator who received our money and was responsible for providing everything concerned with the holiday. Even though the tour operator subcontracted the provision of accommodation to the hotel, they remain liable for fulfilling that contractual requirement. Now, the question is, is it worthwhile pointing this out to the misguided or simply ignorant/dishonest bank employee (in which case can anyone suggest some suitable wording or legal argument?) or, as 8 weeks have now passed since the complaint I understand it can be investigated by Financial Services Ombudsman. Would a better tactic (than arguing with the bank about the interpretation of the Act) be to complain to the Financial Services Ombudsman about the Bank's incorrect and rather creative interpretation of s75? Can you just imagine if the bank was correct? You had your car repaired at a garage and the parts fitted were faulty.... according to the bank not their problem because you don't have any contract with the manufacturer of the parts.... or you ordered something mail order and it didn't arrive, again, not covered by s75 because you didn't have any agreement with the courier company and didn't pay them....
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Hi, I would like you to help me with this situation where my joint loan agrrement from MBNA in year 2001 was given to me with PPI included in it. when I asked for CCA they sent me copy of the contract then I realised there is PPI in it. When I asked from DCA DLC to provide me with the t & C of this PPI they told me I have to contact original creditor (But DLC had forbidden me to contact original creditor through a letter in 2002). My question is as PPI is part of CCA of this loan, can this whole agreement be considered as 'disputed' until PPI issue is not resolved? Please respond ASAP. I have to reply to DLA who are pressurising me now to pay the debt. If there is any template letter to write to MBNA on the basis of above ino. please let me have it and a template letter to SHUT UP DLC. Waiting to hear from you. Thank you very much for all your help in the past, present and future... -
Hi, Since the beginning of 2013 I've been receiving letters from Marlin Capital regarding an old credit card from Egg. Following advice I sent them a CCA Request along with the fee of £1 in April. They received the letter in April (I sent it recorded) and cashed my cheque in April but failed to reply whatsoever. Months later, In September, I received a letter from Marlin stating that my name doesn't match the name on their records. I wrote back stating that I had changed my name at the beginning of the year (I put my new and old name on the letter on the CCA request) and that I will forward them the correct documentation to prove my name change when I've received it back because its currently residing with the DVLA but first it will have to go to other official sources because they also need the evidence of my name change. I mentioned that in the meantime, however, I would continue to reply to any documentation in my old name. In November I received a threatening letter from Marlin (in my old name) stating that if I did not pay they may begin court proceedings, I replied back that they have so far failed to supply me with my requested CCA. Today, I've just received the County Court forms that Marlin are taking me to court (in my old name). Can anyone please, please help? I'm panicking here and unsure what to do. Do I reply stating that I dispute the amount because I have no CCA? Or will that not be allowed because they couldn't send it in my old name until I proved my name change? I'd really appreciate any help.. -
Hi people sorry im not very good with this forum posting thing so if this is in the wrong place could admin move it for me A while ago my ex-partner had an account with JACAMO then a month or so ago i received a letter asking me to pay the amount owed on the account. I contacted the debt agency whom told me that i needed to contact jacamo i did this and somehow now the account is in my name. i sent them a CCA request i think it is called using a template that came from your site. Jacamo has replied with 4 different copies of my so called credit agreement but where it says customer signature or date its just blank ? I wrote back to Jacamo asking for an explanation to which they replied: "We enclosed a "true copy" of your credit agreement, along with the current terms and conditions applicable to your account, to which you have agreed. We have also enclosed an itemised breakdown of the account dating back to when the account was opened. When responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customer's actual signature." I dont how they can provide me with a form which i could have printed and say that proves that the debt is mine? can any one elaborate to me what they are saying as it doesnt make sense to me surely i needed to sign something to say it was me accepting there credit? what should i do now should i decline there requests for my payments or just set up a payment plan and accept it as i dont want to ruin my credit ? many thanks -
Hi Everyone, I submitted a CCA request to ARC Europe back in May 2012 and didn't hear back from them until now. They have submitted reconstituted agreements, but the details are wrong (address on one document but not the other). How do I best respond without giving them the opportunity to simply copy and paste the right address and resubmit? Also, am I right in thinking the agreement should state the credit limit i was given at the time? Because this is generic and contains nothing apart from my name, an address and an [x] for where my signature would be. Any advice or pointers to other threads gratefully received. Thank you -
Hello All, When requesting CCAs from DCAs etc, will I have to send the fee of £1.00 for each agreement, I have 3 to send off which will be on the same letter of request, all for the same DCA, or will the £1.00 be suffice for them all?? "EXEMPLO DUCEMUS"
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Hello all, I have had an existing debt with HSBC for a few years now and it has been sold on through a plethora of DCA's before winding up with the well run, sensitive, tactile company that is Wescot... they were calling me and sending letters to my parents address (I, coincidentally had just recently moved back into the area) but it seems like they were phishing all my existing addresses on their file? My credit report says that my debt with HSBC was settled in 2010 but Wescot are chasing it. I send them a prove it request and their reply was an offer kindly wiping 40% off my existing debt. I hit them with a CCA and their response was a DPA (Data Protection Act) confirmation request asking to confirm my D.O.B, inside leg measurements and other personal info. Now, does this class as a failure to comply? How can they need DPA confirmed if they were happy to send presumably lots of letters to different addresses demanding a few grand? Do I have to confirm the data, or is it up to them? I've had no activity on my credit report for a few months, maybe ever a year now so they haven't bothered to check there? Any help would be greatly appreciated, if you need more information don't hesitate to ask or if I am misinformed please let me know, Many thanks T
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Hi can anyone tell me what a CCA looks like, I made a CCA request to MBNA for an account from 2002 and I have been supplied the application form with my signature, is this the CCA, it does not have the account number on it, it could be an agreement for anything surely. I'm really. not sure what a CCA is supposed to look like.
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CapQuest bought a defaulted Halifax credit card account. The debt is real, but also contains a lot of penalties and late fees. I sent their solicitors, DrydensFairfax, a CCA request. Six days later, they issued a County Court claim. Subsequently they acknowledged the CCA request. "We acknowledge receipt of your letter dated 15 October 2013 [the CCA request] and we note all your comments. "As a result of your letter, we have contacted our client [CapQuest] to clarify the current position and seek their further instructions. We will write to you, further, once they have responded. We confirm that, in the meantime, the matter is on hold. "We trust this resolves any immediate concerns but, if you do have any further queries, please let me know." So they say it's "on hold", but the clock is ticking on the County Court claim that they should never have started in the first place. I have made an acknowledgement of service. I need to put in a defence or they could get judgement in default. Any suggestions? -
Hi I have received a letter threatening court action from Bryan Carter solicitors, after readiung through the forum I decided to write to Capital one requesting a cca. Bryan Carter responded by putting the account on hold, however I have now received a reply from Cap One. the reply goes as follows " I write in response top your copy of your executed agreement and statement opf account S78 of CCa etc. Our records show that you applied and signed your agreement online" It then goes on about the dangers of using a claims manmagement company and asks me to read the warnings issued by the OFT. My question really is whether or not this agreement is enforceable, and should I now expect the court action to recomence? Graham
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Hi, This is my first post on here, but I've used others posts to at least get to the point where I'm ready to request a CCA (credit agreement?) and SAR from the ubiquitous Welcome Finance. So I have 2 questions that I hope someone can give some advice on. I have looked elsewhere on the forum & there are lots of threads with a lot of discussion on this, but they are often diluted by the circumstance of the individual, so I'd like to ask the following. When I send off for my CCA, am I obliged to pay for it, if so, how much does it cost & what period of time does the lender have to return my request. If they fail to return it, what are my options. When I send off for my SAR, am I obliged to pay for it, if so, how much does it cost & what period of time does the lender have to return my request. If they fail to return it, what are my options. Sorry for the very "straight up" nature of the request, but I'm having trouble finding the right answers due to every case being unique in the circumstances they are applied for. The background is that I have issues like capitalisation, interest on charges, ppi denial and a few other not insignificant gripes. And I'd like to suspend my payments until I have had my SAR & CCA reveiwed by a professional. Thanks for reading, hopefully you can help? -
Have five creditors.. Barclays, NRAM and three that appear to have been sold on from the original credit card company... now with Direct Legal & Collections, London Scottish Finance Ltd and Paragon Personal Finance Ltd. I have no problem paying what I owe (e.g. to Barclays) but can only assume these chancers have bought the debt for next to nothing... I certainly do have a problem paying them. Can I challenge them as to the validity of the loan/their involvement? Read about a CCA request, is that appropriate? They have all frozen interest so I am a little wary of stirring it up but on the other hand.... Main objective is to obv be debt free but I want to clean up the credit history too
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Hi everyone, I would appreciate some help. I received a threatening letter from Capquest recently which I duly responded with an SAR. My suspicions are with the copy of the CCA that they have sent through. It has all account transactions info from 2007 but there is a "received" stamp on the front that is dated 2004?? the copy does have my signature in the relevant box, albeit very faint, but it has not been dated by me which is something I would not do. It seems to me that there is something fishy with this. can anyone give me advice on how to tackle this or if something similar has happend to you. Many thanks, SJP37 -
MBNA have confirmed to me that they only have page 1 of my application form from 1993. They have nothing else relating to my application. They quote the Carey case and say that not having all the paperwork is not an issue and that I must continue to pay. I do not want a bad mark on my file but surely I can reclaim all the charges and interest and ask them to stop all interest and charges from this point on? What is my best course of action? thank you.
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Split out from http://www.consumeractiongroup.co.uk/forum/showthread.php?396381-Observations-please-on-how-I-hope-to-deal-with-a-number-of-debts , addressing a group of debts. CCA letters sent, now posting individual cases separately as each progresses: ************** This relates to the third of the four, a debt in respect of a defaulted Nat West loan with £5 per month being paid to/via Intrum Justitia to whom I sent a CCA letter just over a week ago. I have now had a response from Experto Credito advising that they have taken over the account from I-J, and I am to deal with them henceforth. They then state that all CCA letters should be sent to The Royal Bank Of Scotland along with the £1 fee, and provide a Southend-on-sea address. No idea where RBS fits in to this, unless Experto Credite is part of the organisation maybe. They have not returned the £1 Postal Order. I believe that it is the duty of someone receiving a CCA letter to pass it forward to whoever is the right person/office to deal with it? I don't object to redirecting my contact if it is needed in order to move things along, however if there are established processes already in place especially to take care of this I would prefer that a) people know they have a duty, b) people do their job, 3) nobody wastes their time. So does this letter deserve a response from me, presumably at least to point out that they have hung on to my £1 if not actually to point out their obligation? Any suggested phrasing or quoted regulations would be much appreciated if so, thanks! Or is it simpler just to CCA RBS anyway per their letter as I can do that instantly and avoid letter ping-pong?
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Hi newbie here I have been looking through the forum for some help re: a reconstituted cca Lloyds have sold my credit card acc to Capquest after many years of seeing off various dca's. After sending off a cca and prove it letter to Capquest they have supplied 1) Reconstituted copy of the credit agreement 2) Terms and conditions As i know this account was opened pre 2007 (opened about 1998 if not before) am i right in thinking this agreement i have been sent would still be unenforceable. Can i still dispute this account? with the usual dispute letter ao should i point out that i know the agreement was pre 2007 and that they should supply the original copy fully executed and signed Any adivce would be gratefully appreciated .
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We have been slowly unpicking the sorry state of my mother-in-law's finances which are, to put it bluntly, a mess due to various factors and ill-health. Fortunately, she has retained most of the paperwork/statements in relation to this mess but a new DCA has been chasing her for a CC debt to Lloyds of which we can find no paperwork and she has no recollection. This is now the 8th DCA to write regarding this debt dating back to 2008. She sent a CCA request to the DCA and has received a reply from Lloyds which is nothing more than a list of terms and conditions. The covering letter states this is: "a reconstituted version of your executed statement and a signed statement of account . ... there is no requirement under the CCA to provide you with a copy of the original signed agreement. We are endeavouring to located the copy of the signed agreement but please be assured we would not have opened a credit card account without having sight of a signed agreement. Having satisfied our obligation, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the provision of copy agreements...... The balance of the account was charged off on 04/11/2009....." The address on the top of the statement is her current address where she has only been for a month since leaving hospital so is certainly not the address the agreement (if there was one) was taken out under. What should the next step be please? She has not acknowledged this debt and, indeed, this is the first time she has ever responded. She did have a current account with Lloyds from 1998 to 2002.
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Hi all, I am in a bit of a mess financially and I am going to use this as a way to keep track of whats going on and to chart my progress as well as ask for help etc. I have 9 creditors (unsecured) and owe them a total of just slightly over £40k in total. I was managing to keep on top of everything but then i changed jobs and my salary dropped considerably and i was not able to keep up my payments although i am still okay with my priority debts. I recently applied for a D.A.S. through step-change which seems to be a pretty good answer to my current issues and means I will be debt free in a little over 5 years - paying in the region of £630 per month! I have been perusing these pages and I wonder if it would be worth while sending CCA requests to all 9 creditors to see if they are all enforceable. Can anyone advise if this would be a sensible approach as Step-change don't seem to do this as a matter of course. Any advice would be appreciated Thanks Woolfie
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Having lurked here for some time and I am currently discussing (by letter) an alleged debt with Arrow & Fredrickson I am interested in precisely what they must supply to comply with a CCA request. Do they have to supply statements going back to the beginning of the credit agreement? If not how far back - is the last issued statement sufficient. Must there be some documentary evidence of the last payment made? Do they have to prove who made that payment. ( I have read that some unscrupulous DCAs make payments to keep alive debts that would otherwise be Statute Barred). If the debt has been 'bought' do they have to provide anything other than a statement of fact. I believe the actual transfer deed showing the price paid is confidential but must they supply a copy of it (wuth the appropriate parts redacted) I hope this is not a too detailed request for a first post.
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Hi, first time posting, hoping to get some help. Back in 2008 I took out a CC from HSBC, spent a few thousand and soon after defaulted due to redundancy. I think I made 3 payments in total. HSBC chased this debt for maybe a year, but I explained I had zero money and ignored them. The last I heard anything about this debt was some time in 2009. After 3 years of silence I thought I'd been pretty lucky, I was employed for that 3 year period but no one seemed to be chasing me for this money at all. Around March this year HSBC wrote to me to advise the debt had been passed to MKDP, who also contacted me with demands to set up a payment plan. This couldn't have been worse timing, as I had been made redundant again a week before. I know that morally I owe this money, and would have began repayment during my employment, but once again I am being hounded for money I do not have. All of my JSA is allocated and I am currently having to live off my thankfully large and up until my redundancy, unused bank overdraft. So to pay off this debt would only mean getting into more debt. After 6 months of letters MKDP advised they will begin legal procedures if I do not pay up. I sent a CCA request. I know these don't have as much power as they used to, but after reading about how incompetent MKDP are I hoped it would stymie them for a time. They replied today with only a copy of a notice of assignment, the exact thing HSBC sent me back in March when they informed me the debt had been sold. The letter I sent very clearly stated my request of the CCA. They even cashed the £1 cheque I sent. So I'm hoping for some advice on what to do next. Are MKDP in default for effectively ignoring my CCA request? Should I bring this to the attention of trading standards? Or maybe just re-send the CCA request, with stronger wording? Do I take this as evidence they don't have a copy of the CCA and should now just ignore them? Thanks for any help. -
I put a CCA request to LloydsTSB to whom I owe £10,015 from a credit card taken out in 2001. They have written back to me stating they do not need to send a copy of the original signed agreement and have sent me a customer copy of the 'Lloyds TSB Bank Credit Card Conditions - Customer Copy'. Have the rules changed on CCA requests? Are LloydsTSB correct that they have fulfilled their obligations? The covering letter states. I write in response to your request for a copy of your consumer credit agreement under section 78 of the Consumer Credit Act 1974 (CCA). I have enclosed with this letter a copy of the reconstitued version of your executed agreement and a signed statement of your account. By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under section 78. There is no requirement under the CCA to provide you with a copy of the original signed agreement. We are endeavouring to locate the copy of your signed agreement but please be assured we would not have opened a cred card account without having sight of a signed agreement. For the avoidance of any doubt, we have set out in appendix to this letter your rights under section 78. Having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the provision of copy agreements.
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