Help - BCW - CCA returned what next

[westnelly]

Hi all

 

This is my first post so I hope someone will be able to help.

 

I have had a couple of letters for BCW and Thames Credit for two debts from what seems like a lifetime ago.

 

I am pretty sure they are mine, however I thought I had settled years ago. However I want to be sure, plus find out whether if not, they are now stutute barred.

 

They are from early 2001, and there is nothing showing on my credit file for them, which also makes me think they are "out of date".

 

However I cca'd BCW and got a copy of the credit agreement I signed in 1998, however it does not state any repayment terms or interest rate applied to the account, but looks valid otherwise.

 

With this they also sent a letter statng that I had now to pay the debt ot be taken to court (sent second class so I recived it after the deadline they set!)

 

However I now want to check for sure whether they are a) valid amounts and BCW and Thames credit have the right to collect and B) whether they are statute barred; by Subject Access requesting the original creditor, but I cannot find a template for this (I have looked at the templates available on this site, but can only find the CCA request.)

 

I also need some advice on my next move with BCW - do I send them a letter telling them that I am S.A.R - (Subject Access Request)'ing the original creditor and that I am oficcially desputing the debt?

 

Anyone's help would be much appreciated as this is starting to stress me out a little

 

Regards

 

Westnelly

[vogelrok]

can you scan the credit agreement at all and post it. delete your info and any reference numbers first.

is it an application form by any chance. as they are known to send out these as a try and get you on that one. but it has to have certain info was it signed by you and the creditor. im sure it has to have credit terms and intrest and some other stuff but you would need to search on that.

[Curlyben]

Part of the CCA is supplying an agreement that is legible.

 

© the document is, when presented or sent to the debtor or hirer for signature, in

such a state that all its terms are readily legible.

 

Anyway I digress

 

As this is clearly an application form I doubt ot complies with CCA.

It MUST contain ALL the prescribed terms and be signed by the creditor and debtor.

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[debtsurvivor]

Good luck westnelly I am sure you will get the help you need here posting a scan I found a bit tricky at first but if you go to photobucket.com upload a .jpeg then click on the IGM code that they give you then paste that into your post you will be ok.

 

Dont forget to black out any personal details.

[westnelly]

Thank you all for your quick replys, I will get scanning tommorrow and post it up for your comments

[sosumi]

Subscribing Westnelly. I'm waiting to hear from the Information Commissioner about BCW.. Hope you can get that letter scanned, or if not, just type up the text of it for us to see. You have powerful friends now. Over 155,000 of us! xx

[ODC]

Keep us posted. Even if they do come up with a proper agreement they may well discover the alleged debt is statute barred.

 

Dont worry about the threat of court. Standard computer generated threatomatic letter.

[westnelly]

Hi All

 

this is an attempt to post the copy agreement, hope it works

 

 

and I hope you can all help, but looks legit to me

[Curlyben]

OK it IS an application form, BUT it does contain the prescribed terms.

Time to get a SAR into GE and reclaim the charges.

Send this to BCW to keep them informed.

Edit as needed:

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of DATE, the contents of which are noted.

 

 

I am disputing the total value of these debts with BANK due to unlawful and unreasonable charges. As such Therefore I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[Having_A_Knightmare]

Westly

 

Is that all they sent you. Did they send you the T&C

 

HAK

[ODC]

Still looks like an Application Form

[Goldlady]

It is more or less identical to the one I got from GE - when I defended their court claim on the basis that it was an application form not an agreement (and a couple of other issues) they withdrew the claim:p However I still don't know if it was because the 'agreement' was borderline or whether it was the other issues I raised that made them back off.

[Curlyben]

Admittedly I had a similar one from GE.

I S.A.R - (Subject Access Request)'d them and the DCA dropped the case rapidly.

Things is GE have gone very quiet and that was 6 months ago.

 

I have found from some recent cases on boarder line CCA's that pursuing the OC for charges AND telling the DCA this has meant the account is sent back.

[Having_A_Knightmare]

Hi All

 

There is no reference to T&C on the application form and if they are not on the back they have not complied with the requestand the account is still in default

 

HAK

[westnelly]

Does anyone have a template for a SAR, I would not know where to start

 

Thanks you all for responses

[Brassed off]

Here you go Westnelly:)

 

SAR template