Showing results for tags 'cca'.
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GM firstly a note to say this is a temp. thread as all of my previously started threads are currently lost in cyberspace. Bit of history:- Credit card first taken out in August 1999. Hubby always been self employed. DMP started in 2008 Stopped payments in 2009 and account charged off and has since been passed to several DCA's but I have dealt with them all by CCA requests which none have been able to comply with. SAR requested in March this year in an attempt to get the CCA and all statements to do PPI claim. Information received in June. Looking through the mountain of paperwork received it would appear that the account was opened in 1999, but then in 2001, closed and the balance transfered to a new card, which is the account being pursued. So, I have received some, but not al,l statements from original account, and application form/agreement (presume it's the CCA) that has been filled in by bank, PPI selected by bank and clearly stating self employment status so shouldn't be a problem claiming this back. However, Lloyds still have not supplied a CCA for when the transfer took place, they have so far sent me 3 reconstituted agreements following my CCA request for this account, but what they sent relates to the previous account. I'm flummoxed ! - and pretty annoyed at their suggestion that I am trying to "write off a legitimately owed debt " I have written to them several times pointing out that I am not trying to do this, but I am just trying to confirm the amount owed either by me to them or indeed them to me. They just keep sending me duplicate letters. I might be being pedantic, and perhaps I should just go ahead and send claims for both accounts, but without the CCA for the later account I'm not sure if both accounts are 1 in the same. There is nothing in the SAR paperwork that indicates the closing of 1 account and transfer to new account other than the statements and 2 account numbers. I don't trust Lloyds (or any other bank ) as I have several disputes going on with them at the moment and have learnt that will do anything to avoid admitting responsibility. I've spent hours and hours going through others' threads trying to find a similar situation but no joy. Any advice or suggestions as to where I go from here? -
Hello-I have a Nat West credit card details below, this was opened September 2007-Balance £3268. I stopped paying after equesting my CCA which they didn't have and sent me lots of re construed papers minus any details,signatures,nothing just terms and conditions. This was on a DMP and the % is still frozen and I haven't heard anything from them just monthly statements,haven't heard anything since Jan 2012 when I wrote saying I was stopping payments re no CCA returned, then nothing-which is quite scary that they will suddenly appear at my window or something? What shall I do next please?
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Paragon_CCA.pdfHi, Was wondering if anyone could take a look at the attached CCA to see if it is legal, I've had this loan for three years now and it's crippling me... Paragon_CCA.pdf Any help greatly appreciated. Best. Eoghan Paragon_TsandCs.pdf
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Hi, I sent LOWELL a request for a CCA for an old debt, original account Capital one. back on 7 January 2015 giving them 12+2 days to respond. Received a letter dated 12 January 2015 stating (we are in receipt of your request for a copy of your credit agreement. .. we will advise you further if it will take longer than the prescribed period.). Received a letter dated 22 January 2015 stating ( We have been in touch with Capital One about the copy of your agreement, they have let us know they are trying to retrieve the agreement from their archive) .Received a letter dated 30th January 2015 stating ( We are waiting for your credit agreement). Received a letter dated 24th March 2015 stating (we have ordered statements on your account. As we have requested these from Capital One, it may take some time for them to be returned to us. During this time your account has been placed on hold). Applied for the card November 2007 on-line. Not sure on default date, and can't remember when last payment was probably end 2008. Letter dated 31 July 2014 informs us when the account was assigned to Lowell. Also attached letter dated 8 June 2015 paragraph two (we have confirmed with the original creditor that the outstanding balance is correct)? The statements attached is a little vague. The credit agreement was a rough copy, and difficult to see anything. Many thanks for your time. -
Hi, sorry for the short notice. I received a cc claim form dated 16/4 for a credit card debt that has been passed to Cabot (passed on to Optima Legal) I wrote to Optima Legal requesting a CCA and pointing out that I have been requesting one since 2010 and so far one has not been forthcoming. I also applied for more time with the court. I received a letter from Optima Legal stating that they have requested the documents and will provide them in due course (dated 28/4/15) They also state 'We shall hold the account until the documents have been sent to you and shall allow you time to respond accordingly' Does this mean that they will not pursue the court claim until they have provided me with the information? The time has come for me to make a final response to the court and I can see the claim is still active on Moneyclaim. Can anyone advise? -
Hi, just looking for a bit of advice please. I have a few credit cards and 1 store card debt from about 9-10 years ago. I was paying £ 1 per month but stopped after being treated for cancer last year. The debts have all been passed around to different dca's and now I've (hopefully) finished treatment I want to start tackling them. Is there a thread on sending cca letters that explains the whole process as I know there have been changes that may affect me as I took the cards out before 2007 s o would like to know if it's worth me starting the cca process. Would be grateful for any advice or if someone can point me in the right direction. Thanks in advance Lucy
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Hi, 1st time post on here after reading from afar, i had a debt sold from Egg to Lowell which i have been paying back at reduced payment every month, i never knew balance after reading on here sent a cca request. They sent two letters stating they have requested the request from their client and are awaiting a response. They have sent a further letter now stating: Dear....... Your credit agreement We refer to your recent request for a copy of the original credit agreement for this account. After liaising with Egg in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you. We are closing your account At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from Egg. This was from an account taken out in 2004, i need to know is what happens now, i have a DD set up with them for £50 per month, do i now cancel this? The default is no longer on my credit profile as dropped off after the 6yr timescale, can they default me again for the same loan? My profile is clean now and i want to apply for a mortgage, i dont want to trash my credit profile by stopping the DD, not really sure what to do, any advice would be welcome!!
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Hello all, me again Vanquis passed my account over to lowells some time ago and as is the norm received shedloads of phonecalls etc from them over the last few months. I sent lowells a cca request I think it was the 23 July. I received a letter from lowells saying dated the 13 August 2012 saying they have asked the original lender for a copy of the cca and they will do their best to send the info within 12 working days. I recieved another letter from lowells on the 28th August 2012 saying they have still not received the cca from vanquis and that they are still trying to retrieve it from their archives. I checked the post date on the envelope on the second letter and there isnt one. The cca request i sent them is on my work pc so cant be accurate with my "sent date" My question is how long do I give them before I send them a this account is in dispute letter please? Many thanks Pete
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Hello all, I issued CCA request to Barclaycard.They have responded with reconstituted agreement which states as follow: I refer to your request for information dated 12/06/14. The information we must provide to to you under the terms of Section 78 of the Consumer Credit Act 1974 is prescribed by the Act and the Consumer Credit Regulations 1983. Section 78 of the Act provides that where creditor receives a Section 78 request the creditor shall give the debtor a copy of the executed agreement and the statement of account. I enclose a reconstituted copy of your credit agreement and a copy of terms of your credit card as varied in accordance with section 81 of the Act. However the interest rates fees and charges set out in the agreement may differ from those we have discussed with you due to current status of your account. A statement of your account is below: the current credit limit on your account is £3400 the current balance of your account is £2591.19 the next payment of ..will be due on 9/07/14 we know that your account is not in dispute because of any delay in providing your copy documents as Section 78(6) was repealed on the 31/05/2008. It is no longer an offence for creditor to fail to comply with s78(6) for more than one month. You refer to the Consumer Protection from Unfair Trading Regulations 2008, we do not accept that there is basis to assert that we have not fully complied with our obligations in this regard. I am fully satisfied that the sum outstanding by you remain legally due and payable.You should to continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not we may register a default against you with credit reference agencies, although we will formally notify you before doing so. This completes our obligations under Section 78 of the Act. They also included a few sheets of terms and conditions.There is my name and address on those terms and conditions but no date. Any advise is much appreciated as always. Thank you:smile:
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Received CCA from Barclays, however it is very different to others I received from the same bank. This Loan dates back to 1999, I have already successfully claimed PPI on this. Is this agreement reconstituted? There's no personal detail on the agreement. T&Cs very short. Do they not have to provide signed agreement as per my request? Big question though, can they enforce this agreement? How should I reply? Appreciate if someone can please help me with the reply. Thank you.
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Hi, hope all are well. Got a few fires burning at the moment, this one has failed even before it started. Summary as follows: Family member, financial problems. Defaulted. Token Payments being made. I sent a C.C.A. Request in April, should have received something start of this month. Nothing arrived. Made a Formal Complaint to the CEO's Office including a 'Account in serious dispute' letter, complaint ignored. Now 2 weeks overdue. Gave them a deadline to reply by. Complained on twitter, they've replied, but they are delaying the situation. [They'll probably figure out who I am by this post I'm sure]. I've given them my own Final Response. What can or should I do now? Stop payments until they reply? Make a further complaint? If so, to whom? I figure that if they can dictate and give deadlines and expect the consumer to abide by it, then the consumer can do the same in return. TIA Kind regards -
Letter sent to Apex (egg loan) requesting CCA. Let's see what they send back! Apex (Egg) - £2527
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Hi had letter from Cap1 saying this agreement was enforceable but having read around the site seems that is not always the case - any advice would be much appreciated Thanks
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Hi I have been in a DMP with StepChange for about 4 months now and it seems to be going fine - the threats/chasing letters are drying up. Most of my debts were defaulted in 2011/12 and have been passed to DCAs. My account with Barclaycard was initially passed to Mercers (who I believe are part of Barclays) and I received a default notice in December 2011. The debt was then assigned to IDR Finance and is run by Link Financial. When I check my equifax report (yet to do experian), the account does not show as a default - rather a series of status '6' since April 2012 (it is showing as Link Financial, not Barclaycard). I know this isn't a good situation and need to get it changed to a default (at least then the clock is ticking towards the 6 years). Surely if a default has been issued it should be reported? What is the best way to get this rectified? Do I write to Barclaycard, Mercers, Link or Equifax or all 4? Are there any templates or is it a straightforward letter describing what has happened and requesting the status be changed to default with a date of Dec. 11? I have seen a number of other threads re: defaults and CRAs but they do not quite address my questions... Thanks
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I’ve just been reading this recent post on an MBNA CCA which got me looking at mine so I was hoping to get some advice. Summary: defaulted MBNA CC in about 2008, account passed on to Link Financial in 2009. Paid via a DMP until July 2013, since then paying Link directly, but it’s not on my credit file any more. Did a CCA request and got back the attached which I thought looked legit so carried on paying them. A couple of observations: The Credit Card Agreement on p7 has my present address (which I’ve blanked out), not the address when I took the card out and has £12 default charges on p8 so can’t be the original one from 1999. Does that have some implications? Unlike B733's mine has conditions 1 and 2 but on page 4 the Ts&Cs say “Please refer to your Credit Agreement for conditions 8 and 9” but if the agreement is not the original one how will conditions 8 and 9 be the same? Would someone kindly cast an eye over what they’ve sent and offer advice? It's long and I do appreciate anyone taking a look. I haven't done an SAR yet but that would be my next step. Many Thanks -
Made a CCA request to the RBS back in Feb 2015 for an alledged debt of a loan, Received the usual were trying to locate the original but it may take some time. ..roll forward to today 1/05/2015 received this letter from the RBS Please find enclosed a 'true copy' of the credit agreement and a schedule of arrears as requested. This is as they have written- When responding to requests under section 77 the bank may provide you with a 'true copy' of your agreement in accordance with regulation 3(1) of the consumer credit (cancellation notices and copies of documents)regulations 1983. This means that under section 77 there is no obligation for the bank to provide you with a copy of the original agreement bearing your signature . A 'true copy' does not need to contain any personal information relating to you as the debtor nor does it need to include a signature box, any signature or dates of signature. We trust this is satisfactory, Then asks me to contact them if I have any queries.... The next page is a copy of the personal loan agreement typed out with my address in it, loan amount etc Next page confirmation of personnel details... completely blank nothing filled in along with the income and expenditure section nothing it it blank Then a couple of pages of General Conditions then a couple of pages listing each month since I took the loan amount showing the amount to be paid.. .any arrears but nothing showing charges etc, There has been charges added considering the loan is now more than the original amount and a quarter had been paid off. What do you think the next step is? Have they complied with my CCA request, giving nothing with a signature on/date, nothing showing terms and conditions were agreed to, Or are they hiding behind the bumph above? To be fair the RBS are saying we can send an alledged debt to whoever we wish bearing no signature no date no signed/agreed to terms/conditions and your to pay it or agree to it or not. Any help appreciated guys/gals.
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Hello All, I have received the first response of my request for CCA and would be grateful for your advice and direction as a result. The request was for section 78 and I used the template provided on this site. I have attached a copy of the letter. There was 'No' Signed Statement of Account enclosed. Of the other two stated enclosures Nos 2 & 3 there is no signature and the signature box is empty; however I am confused as to why they have quoted regulation 3(2)(b). For background the card was originally applied for in approx 2003. If you need enclosures 2 and 3 attaching please let me know. Any guidance is appreciated.
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Hi In the last few days I've received a County Court Claim Form from a company called 1ST Credit (Finance) Ltd of Reigate which states my HSBC Gold Visa card debt was assigned to them last September. As I have now less than 14 days to respond unless defending the claim, is it worth opting to defend the claim and requesting a CCA from them to see if I can have the claim refused by the court? Or do I just have to accept a CCJ? Thanks in advice for any advice, Terry -
Hello All, I have been reading some threads and it appears that I may be being 'cash cowed' as you term it. I have a variety of creditors in which many have been passed to DCA's I think 5 now with Cabot/Merlin. I do not have any CCJs but do have defaults - I have been in this position since 2007/8. My worry is, that if I do apply for CCAs and I stop the agreed payments as per the advice I see, if the time for them to produce a CCA lapses - will this result in CCJs being issued. Also if Cabot has CCAs for some but not all the debts they have brought how would this pan out? Additionally if the DCA cannot provide a CCA am I then in a position to have the default removed from my credit file? Many thanks in advance
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Hi, My wife has a very old debt with Lloyds which she has been making small, regular payments to a CCA (BLS) over the years since October 2000. In September 2014 she was contacted by letter from Cabot to say they had recently brought the account (no NoA received). This letter was sent to our old address. However, the account numbers Cabot referred to are not recognised and we wrote Cabot asking for clarification. We also took the opportunity in the letter to update with our new address. Cabot have responded with a transaction list, detailing the monthly payments made to date. They have said that they are unlikely to be able to provide a copy of a signed Credit Card Agreement and statements " ...due to the age of the account..." but have asked Lloyds for copies of the same "...in the meantime the account has been placed on hold...". You can imagine our astonishment that instead of placing the account on hold, Cabot have been telephoning our elderly and very frail neighbour asking questions about our whereabouts. Also, Cabot have sent one of their standard letters asking for us to call them. We have immediately written to Cabot making a formal complaint; pointing out that we have confirmed our new address and that we are aware that they have been contacting our neighbours by phone enquiring of our whereabouts. As such we believe Cabot have infringed FCA Handbook in the Consumer Credit (CONC) sections that deals with debt and the recovery of debts and CPUTR 2008. We also think they have also disregarded the OFT guidance on debt collection. Cabot may also have disregarded the Data Protection Act. We have clearly stated that we have no intention of dealing with them by telephone - all communication must be in writing. We now await a response. -
Hi all Just looking for some advice on timings. I posted 3 CCA's to Lowell on Friday 20/02/2015. Would I be right in thinking they have 14 days from receipt - so basically by the 9th March? Should I be doing any preparation now in the event they do not reply or are unable to fulfil the request? -
I have an old outstanding debt from Littlewoods which was sold to Drysden / Capquest. The debt is from 2006 and I don't think any payment has been made since 2007 which should mean it should have come off my record. I entered a CCA request to them and also asked Experian to look into it and eventually I had a reply that they couldn't complete the CCA request but what they did have was a screen shot of a payment I'm supposed to have made in 2010. Is this something they can even do, shouldn't they still respond to the CCA? Can anyone advise what to do next? Thanks -
ive had a letter today about my wifes loan account which has 7,291.54 remaining outstanding I have requested the CCA and also wrote to Lloyds tsb and requested the SAR. these are still in process at the moment. cabot have received my letter about cca but ive had no reply but they did reply to the other 2 credit cards which I requested the cca for which they said they would hope to have the info within 40 days. t for the loan today I received this odd letter Dear Mrs S****** Contacting Cabot please call 0800 328 0708 (minicom: 01732 524630)urgently, and speak to one of our helpful customer advisors about your account. our aim is to help customers get their accounts cleared so do contact us soon. yours sincerely Chris lambert that's exactly as its been written on the letter it just seems really odd theres no reason why they want to speak to me or anything any ideas peeps?
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Hello A DCA has passed my account on to a firm of solicitors. I started receiving threats of legal action sent off a CCA request along with a postal order of £1 to the firm of the solicitors before a claim form was issued. I have now received a standard template letter from the solicitors that states that they have requested the documents from their client and that they have placed the matter on hold. They have also returned my postal order, requesting that I amend the payee to their client. Is this a tactic just to frustrate proceedings ? My CCA request was received by them prior to them issuing a court claim via Northampton, which I have responded to and submitted my AOS. I have also sent a CPR 31.14 request after receiving the claim form. What should I do regarding the postal order for the CCA request ? Should I amend the payee as requested and send to the DCA with a cover letter along with a copy of my original CCA request to their solicitors who have issued the claim or is this unnecessary now that they have received my CPR request ? I am aware of the deadline for submitting my defence. Penny -
Evening all, I'm looking for advise on a statutory demand. Today I have had a letter through the door saying they have tried to serve a sta demand and will return on the 3rd Of October to attempt again, saying if I'm not in (which I won't be because I will be at work) they will post it and class this as served. Now I'm not sure what I should do next. I've not made any payment or acknowledged any debt for nearly 4 years but still quite a way from the 6 year limit. what should I do about the stat demand,
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