Moorcrofts answer 2 CCA

[davey77]

Ah HBOS!

[clemma]

Who is the OC?

 

This has just been assigned to Moorcroft and not sold outright hence they are requesting the CCA from the OC?

 

As a rule of thumb a S.A.R goes to the OC and the CCA goes to the DCA.

 

The OC is HBOS credit card......if they do not send a valid CCA, is it really worth sending the £10 for a S.A.R? At this stage, I would hold back on that UNLESS they produce something which is enforceable.

[davey77]

Yep clemma's got it. CCA received 11th feb, 12 + 2 = 3 March.

[davey77]

The OC is HBOS credit card......if they do not send a valid CCA, is it really worth sending the £10 for a S.A.R? At this stage, I would hold back on that UNLESS they produce something which is enforceable.

 

Yeah i agree, just wait a little longer and see what happens. They haven't even defaulted on the request yet.

[barrelly]

Thanx for ALL your help and support so far guys (and gals) was out there for a while sending another CCA to Wescot for another debt.

Will hold off till 3rd/4th March which has been suggested by yourself's before I send the default letter to them.

Why do I panic so much when I open these dam letter's is it because I am still a newbie at all this.

 

THANX TO ALL AGAIN!

 

am liking all these we face's ( easily amuzed eh! )

[clemma]

Trust me, the more time you spend on here and the more you learn, the less you care about their letters (and phone calls). Mine make for a pretty collages OR liners for the cat litter tray.....

[barrelly]

got this today. what do you all think. You will notice that they have stuck a sticker over something, and written my ref number on top of it.

 

Whats my next move, and what do I write to them now.

 

thanx for all help

 

 

[clemma]

Send the fools the following letter - that is just an application form and contains no prescribed terms at all

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement 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 therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

[barrelly]

thanx Cemma, will get that letter posted of 2morrow

[The GodMother]

oh what a epic fail.