CCa 1974 and credit cards

[jayjay11]

Yesterday i sent a letter under s78 of CCa to lloyds tsb for a credit card. Can anyone help with what i am looking for if they do send the info and how to go on and what to do if they default ???

[questioning]

It would help to know what date the CC was taken out.

How you proceed depends on what the result is from your CCA request.

This is a guide to what you need to know about the agreement they send, if they do send one. They are in default if they have not supplied the agreement 12 + 2 working days from when you sent it.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

How you proceed if they default depends on what you are trying to achieve really from your request.

You don't say if you are paying for this card or not. More info would be good.

There is loads of info in this site regarding this subject. You can search for threads on the subject and also search within a thread too.

Edited September 14, 2008 by questioning

[jayjay11]

The card was taken out a long time ago cant remember when but before 2007 The account shows as closed and i am paying a token sum per mounth and have been since 2003 the bal is around £6500 i am still paying tsb i really would like the bal writen off not particularly looking for compensation

[questioning]

The card was taken out a long time ago cant remember when but before 2007 The account shows as closed and i am paying a token sum per mounth and have been since 2003 the bal is around £6500 i am still paying tsb i really would like the bal writen off not particularly looking for compensation

 

I suggest you do alot of reading on the forum, you'll get plenty of info as I said earlier.

your lucky they have accepted a token payment for so long, lots of other people are taken to court, even while paying token payments.

What's the compensation about?

[questioning]

I see, ( i've just looked at all your posts) you have been looking at the firms that claim to write off the balance of your credit card if you pay them a fee.

This is where your compensation idea comes from I assume.

[djc]

hi! jayjay11 as 'questioning' has stated there is good knowledgeable advice for free on this site but you will have to do a bit of digging to find the posts that provide the answers you seek. but it is well worth the effort.You will also find reference to a number of companies that offer to clear your debts and some claim to be able to get some of your payments back. be carefull as reported in the press these companies are newly founded and have little or few successfull cases to provide as evidence of there success.

 

remember here on site you have a wealth of experience and in many instances, time allowing,excellent free advice.

 

may we suggest that you take into account that todate you have enjoyed a small sum that you have been paying towards your debt.this debt has been outstanding now for 4/5 years. what will happen if you engage one of these companies to clear your debt only to find that they were to be unsuccessfull.

 

who will have the monies necessary to fight your corner if tsb decide enough is enough and come after you, i certainly would, wouldn't you.

 

we sincerely hope that we are being constructive in sharing our view of the opposite side to your current thoughts.

 

keep your chin/pecker up

 

djc

[jayjay11]

i presume the company would claim back interest charged on the account if it unenforceable which may equal the balance on the account so not comp really. I would be happy to just get a stronger possition for making a low f&F to clear

[questioning]

As for interest & claiming it back, thats sticky ground IMO.

If your agreement is found to be unenforceable through the courts then you would be in a strong position for either F & F or no payment what so ever. Thats the moral decision I suppose.

At least a full and final puts an end to it once and for all.

I think you need to sit tight and wait and see what turns up, (if anything) If they do follow up with a CCA you could scan and post it here in your thread if you are unsure if its enforceable or not.

Keep all correspondence between you,(including envelopes) in case you need it at a later date.

As djc said, these companies haven't been around long enough and the message they give of being able to claim the interest back IMO is rather dubious.

The fees are extravagant, again IMO.

In fact the Rankine's actually had one of these companies I think and Look what happened to them.

Post back as soon as you receive anything.

And as I keep saying to people, read the forum and you will find a wealth of knowledge, for free.

Be lucky Q. x.

Edited September 14, 2008 by questioning
added text

[jayjay11]

How about s85?? has anyone had any luck with that??

[ladybird17]

I am fighting a S85 with Egg - I didn't even get a mailer, just a letter saying "here is your new credit card, additional card holders & similar. This, to my knowledge, hasn't been tested in court - although I certainly know of a couple of people who have received an out of court settlement. The thing is, if they come up with the agreement, then they have purged the breach - the question is, what should they have charged you, if anything, in the interim? It's very amibiguous in the CCA - it's down to a judge - and that could mean anything!

[jayjay11]

I have also sent CCa to barclays for a career development loan do the same rules apply as for credit cards??

[jayjay11]

Hi again well the 12 days is up tommorow and no reply from either CCa requests barclays cdl has cashed the cheque tsb not can anyone help with the follow up letter??

[jayjay11]

Further help with CCa requests please

CCa 1974 and credit cards

[jayjay11]

link

[42man]

Threads merged

[jayjay11]

Nothing in todays post so they are in default anyone point me to a default letter i could use please??

[42man]

Send them this by recorded.....dont;hand sign it either...edit it to suit..

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[jayjay11]

Hi again sent the letters of default to tsb and barclays on monday In todays post i got a letter from tsb saying they are changing the t&c's on my account (on 1st October) to make the agreed payment of 5.00 formal and to 'make a clean start' they will no longer say any payments have been missed and i will owe the balance with no interest added!!! Could this possibly mean they dont have an agrreement and they think i'll go for this .

comments please.

Edited October 1, 2008 by jayjay11
new text

[42man]

You'll only find this out if you send the CCA request JJ !!!!

[jayjay11]

I sent the CCa request already and had no reply so sent default letters and this has turned up 1 day after the 12 days +2 period!!!

[jayjay11]

Do i now nned to write to them to say i do not except anything as the account is now in dispute following no production of the cca? or just leave it???

[42man]

What has turned up ?

[jayjay11]

Hi again sent the letters of default to tsb and barclays on monday In todays post i got a letter from tsb saying they are changing the t&c's on my account (on 1st October) to make the agreed payment of 5.00 formal and to 'make a clean start' they will no longer say any payments have been missed and i will owe the balance with no interest added!!! Could this possibly mean they dont have an agrreement and they think i'll go for this .

comments please.

 

See post 18 quoted above this letter turned up yesterday 1 day after the 12+2 days after the cca request there was no ref to a letter from me but seems strange they offer this out of the blue.

Edited October 2, 2008 by jayjay11
new text

[42man]

Apologies....I understand now !! It would seem at this stage they don't have the agreement !!! but some have been known to come back 12 months later !!!

[jayjay11]

should i just wait to see if a reply comes to my default notice ?? and do nothing as the account is unenforceable without the proof of agreement.

can they change t&c s of account with 1 days notice?