Jump to content


  • Tweets

  • Posts

    • OK, thanks, I won't wait for them. On a side note, some of the posts on here are a bit frustrating, I read through five pages or so of someone going through the court process rooting for them as I'm reading, then nothing, not heard of again. Left here wondering what the outcome was, lol!
    • Hello Caggers,   I've been trying for years to get an old EE account wiped off my credit file. It was opened in 2013 and almost immediately defaulted but was shown as "Payment Arrangement" ever since. I contacted EE by telephone in 2022 and was advised it had not been wiped because there was still £69 owing, I paid it and thought it would correct once the CRA's updated their reporting cycle. However, it has still not been removed. I made a formal complaint on 27/03/2024 and have had contact with the executive team who advised that  "EE account ......... has now been deleted from the Credit File as it failed to close as it was reporting the payment arrangement set up despite, as advised this failing which should have resulted in a further default showing.  Please be advised the deletions we have completed take 24 hours to update if a paid service is used to view the Credit File. If the customer uses one of the free services to view the Credit File, the recordings update in 24 hours but the changes can take up to 30 days to be visible on a new copy of the Credit File. I have requested compensation and been advised by EE that another team are looking into this. That was almost 2 weeks ago and there has been no contact since, despite me chasing it. I do not want to go to court and would rather settle this amicably. However,I have been advised that I might have a claim for aggravated damages due to the length of time the incorrect reporting has been on my file and the fact that I told EE about this issue and paid the demanded outstanding amount of £69 almost 18 months ago. Should I just wait for EE to reply or should I start building my case against them? Is their statement admissible as evidence of their blame or do I need to dig a bit more? I made a DSAR which was initially rejected as having no data found yet. I trawled my e-mails from 2013 and found the account number and mobile number, I'm now awaiting the result of my 2nd attempt at DSAR. I have very little in the way of proof of actual loss except a mortgage refusal e-mail from HBOS in 2015. I have also had high interest loans and credit over the last 10 years but again cannot directly attribute this to this one specific error. There were other items on my credit file that could also have contributed to a low credit score too and I'm not out to cash in on anything. I want to make sure I don't end up shooting myself in the foot for any obvious reason and would appreciate any help from anyone who has had similar experience with breaches of DPA.
    • Noted. Keep an eye on the other threads here including the update a few hours back by Rob Carr.
    • dont need statements. nor std info sheets. EVERTHING else  dx
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

My debts. Going to request CCA's


RIAZZIG
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5371 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I have debts which have been like a monkey on my back for a while now.:mad:

 

I've decided to try and investigate whether or not the credit agreements are "enforceable"

 

So, I am going to request copies of CCA's. But I have a few of questions...

 

On the template letter on this site, it says to enclose a postal order of £1. But I thought I had read somewhere, it should be £10? Also it is from 2006, is it up to date?

 

Also, I was under a debt management plan, does this make any difference??

 

My creditors were orginally Egg, HSBC, MBNA, Funding Corporation.

Is there anything I should bear in mind when dealing with these company's??

 

Lastly, most of my debts have been sold on to other company's, where do I send the request for a copy of the CCA?

 

Many thanks in advance for any help

 

Cheers

Link to post
Share on other sites

A CCA request is £1, if you did a SAR then it would be £10.

 

Also, I was under a debt management plan, does this make any difference??

 

No, you can legally request a CCA at anytime. Although if any are found to be unenforceable some DMPs are loathed for you to stop paying them. :rolleyes: But those are the likes of those that are actually funded by the credit industry.

 

My creditors were orginally Egg, HSBC, MBNA, Funding Corporation.

Is there anything I should bear in mind when dealing with these company's??

If the debts have been sold on they will not have any input other than to provide documents.

 

Lastly, most of my debts have been sold on to other company's, where do I send the request for a copy of the CCA?

 

Send the requests to whoever you are making payments to.

Link to post
Share on other sites

How long do I give the creditors to respond. I realise there is a period of 12 working days plus 2 for post. If I receive nothing then, do I send a letter disputing the loan(s) or do I wait another 30 days? as I have read in other places?

 

 

Thanks Cerber, you are very kind for helping me!

Link to post
Share on other sites

After 12 working days if they haven't replied send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

The 30 day rule where they commit an offence was removed from the CCA 1974 in May 2008.

Link to post
Share on other sites

After 12 working days if they haven't replied send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

The 30 day rule where they commit an offence was removed from the CCA 1974 in May 2008.

 

Thats brilliant, thanks again.

Link to post
Share on other sites

Hi,

"-Lastly, most of my debts have been sold on to other company's, where do I send the request for a copy of the CCA?

Lastly, most of my debts have been sold on to other company's, where do I send the request for a copy of the CCA?

-Send the requests to whoever you are making payments to."

My debts have been passed onto other companies but I am not making payments to anyone. Who should I send the CCA requests to?

forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gifforumbox_left_tile.gifSubject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act.

There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for.

There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes.

Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort".

This is untrue. Disproportionate effort refers to something else under the Act.

If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes.

Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it.

If you have not started gathering your bank charges information yet, then you should start now.

There will soon be a big rush once the OFT test case has been settled.

Get all of your bank account informtion as far back as possible. At least as far back as 1995.

If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

forumbox_right_tile.gifforumbox_bottom_left.gifforumbox_bottom_tile.gifforumbox_bottom_right.gif

Link to post
Share on other sites

UPDATE *sort of*

 

Sent off CCA requests by recorded delivery, to my 4 creditors last week....

 

Went on the royal mail website to obtain signatures...

 

1 arrived on time, 1 arrived late and the other 2 says

 

Item BR******GB has been accepted at Primeco Limited on 14/07/09

 

Argggghh! so they have not even got there - very annoying!

 

Anyways, will send them again, when I get the chance.

 

Also, do you think It would be a good idea to send a CCA request to Littlewoods? and also Next (girlfriends account)??

 

Thanks

Link to post
Share on other sites

track and trace are very slow at them moment- give a bit a longer and see if you get any replies from the companies for the 'missing' ones so you know that they have been recevied.

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

hmmm...

 

Had a response from the DCA dealing with my egg debt, regarding my CCA request.....

 

We Thank you for your recent communication regarding this account.

 

We have referred the matter to our client and will revert to you as soon as we are in receipt of instructions.

 

In the mean time we confirm that we have placed the account on hold.

 

So they have placed the account on hold, even though the time limit has not elapsed as yet.

 

So, do I stop payments for the moment??

Link to post
Share on other sites

  • 2 weeks later...

Had a response from D&G Solicitors... (to a CCA request)

 

Thank you for your letter dated 15th July 2009 requesting copy documentation relating to the above account

 

Please accept our apologies for the delay in responding.

 

We are not yet in a position to respond to your request, once we are in a position the relevant documentation will be issued to you

 

Shall I send a letter saying the account is in dispute?

 

The 12+2 days are up tomorrow...

Link to post
Share on other sites

Okay, I suppose the answer to my last question was fairly obvious :rolleyes:

 

So I am sending the "Account in Dispute" letters shortly.

 

As I understand It, the debts are now in default, so I dont have to make a payments....

 

But what if one of them come back with a credit agreement 6 months down the line? Do I have to pay the 6 months worth of payments to catch up or do I carry on paying the agreed amount from that point?? :confused:

 

Cheers :)

Link to post
Share on other sites

When an a/c is in dispute collection is suposed to cease until it is resolved, it is frozen. If they are able to produce an enforceable agreement at a later date repayment would then resume.

 

Fantastic. Thanks again :D

 

I'm hoping none of my creditors can find a CCA so I am in a strong position to negotiate a Full & Final Settlements :cool:

Edited by RIAZZIG
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...