not sure if this is a cca

[bighector]

i sent a cca request to lowell i recieved a copy of the application certificate with a small section at the bottom thus credit card agreement credit agreement regulated by the consumer credit act 1974 bla bla etc its my signature but is this complying with the cca request any help please

[manchester1]

Big Hector , you need to get the document scanned , so we can see what it looks like

 

Manc1

[lunar jim]

Doesn't sound it. Are you able to scan and upload it?

[bighector]

not sure how to scan a document on advise please

[42man]

Hector you could either scan it or photo it, then (minus your personal details or anything else that might regognise you) use www.photobucket.com (free) and there is a tutorial here - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

[bighector]

Here is what i is ment 2 be a cca

 

[cerberusalert]

Totally unenforceable:D

[lunar jim]

That's not your card number in the middle, at the bottom there?

[bighector]

not sure if thats the number been 8 years since card has been used to late to rectify now

[pompeyfaith]

I doubt it jim because at that stage he or she would not have had a card as its merely a pre-contractual application form

 

PF

[lunar jim]

Just worried that it could be used to identify the OP. I remove all numbers, barcodes etc. like that. Maybe I'm paranoid

[clemma]

Send this letter off to them if you wish:

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2008, 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

[bighector]

just to recap the story i have been paying of the this debt a dca , it was through the help of this forum that i new to cca the dca there is only around £150 left to clear the debt but i hate giving these leeches anything should i write back and say that this document does not satisfy my request what are the options PLEASE

[clemma]

Yep, see post #12. Send that letter off to them asap

[cerberusalert]

deleted

[pompeyfaith]

have you been paying PPI at all i ask because many companies charge you for it even if you did not request it.

 

If this is the case i would start claiming it back as you did not request it going by the doc.

 

PF

[bighector]

had a call from lowell today saying that this is the only paperwork i would have signed to recieve my card ,as this was in 2002 i cant remember they threatened to take a ccj against me it turns out i have only around £120 to pay this debt would it be best to settle . i have been in bed with the flu and have not sent of any letters as advised .

[cerberusalert]

Send the letter above. The CCA is unenforceable & unless you feel morally obliged to pay you don't have to. Besides, Lowell have made more than enough profit from you............nice little earner for them in fact:rolleyes: