Cahoot/Credit Security - CCA

[adman31]

Cahoot used Credit Security Ltd to threaten doorstep collectiones etc.

I sent a CCA to them over 6 weeks ago and got a standard letter saying they're get back to me.

Today I've had a copy of the original agreement from Cahoot - unsigned.

Additionally I've had a a urgent final demand from a new company, Debt Managers Ltd!!

Do I just take the account in dispute line?

Many thanks

[babybear39]

Hi adman31, you need to tell debt managers to bog off as you're dealing with credit security and the account is in dispute until such time that you get comfirmation that your CCA is valid.

 

Please scan and post the CCA they sent you minus personal details and we'll have a look at it for you.

[adman31]

Ok so I can continue to go through Credit Security and not bother with Debt Managers?

The CCA is literally a printed off new agreement. They acknowledge in the covering letter that they are still looking for the signed copy but that it doesn't matter as its enforceable as they have now supplied the information which I requested.

[babybear39]

Oh dear, they apparently don't know OFT guidlines or the CPUTR 2008

 

THEY CANNOT PASS AN ACCOUNT IN SERIOUS DISPUTE TO ANOTHER DCA!!!

 

Report them to TS and the OFT!

[adman31]

ok so sd i sent a letter to this the new DCA and Cahoot?

Do i send a further dispute letter to Cahoot?

Sorry for what may appear simple questions but it's all new too me and don't want to cock it up!

[babybear39]

You really need to post the response to your CCA request so we can check it over for you...

[adman31]

Ok I'll try and get access to scanner.

Thanks

[adman31]

Ok given up on the scanner so typing below.

Additionally had another final reminder from the other DCA today!

I've just noticed the unsigned credit agreement is to my new address and not the address when I took out the account:

Also I'm also 100% that there is no signed agreement.

Here we go:

 

I write in response to your request for a copy of your cca under section 78 of the CCCA 1974.

 

I have enclosed with this letter:

 

1) a copy of your original agreement, which has been updated with the current financial profile of your account;

2)a signed statement of your account

 

By providing you with the documents attached to this letter, we have satisfied our obligation to provide you with a copy of the executedd agreement under section 78.

There is no requirement under the CCA to provide you with a copy of th eoriginal signed agreement. We are endeavouring to locate the opy of your signed agreement, but please be assured we would not have opened a credit card account without having sight of a signed agreement. For teh avoidance of any doubt, we have set out in this appendix to this letter your rights under section78.

Having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any firther correspondence with you regardign the provision of copy agreements.

Then a bit of general blog about warnings by Ministry of Justice then a final line of:

The entire amount is due and payable immediately.

[babybear39]

Oh dear. They're breaching OFT guidlines and the CPUTR 2008 by asking for the full sum, supplying you with a made up agreement and having the stupidity to say so in written format. Report them to TS, the OFT and the MOJ!

[adman31]

Thanks for ur prompt reply.

Thought they were being stupid!

So do i need to send anything to eithier Cahoot or the "new" DCA?

Cheers

[babybear39]

You caould copy in Cahoot and the DCA to your complaints to TS and the OFT, just to rub salt in

[adman31]

ok so is there a standard letter I can send or get a link to?

[babybear39]

You can get hold of TS via consumer direct who also forward your complaint to the OFT. You don't need letters just a pen and paper for your reference

[adman31]

Hi,

So reported to TS, OFT and MOJ as suggested.

However in the post this morning I received a signed CCA.

So my earlier comment re no signed agreement was very wrong! Still almost sure they just sent me the card and then I must have completed this.

The only possible grey area I can see on the signed CCA is that although both myself and the bank have signed the CCA their signature predates mine by eleven days. Should it not be the other way round, ie I sign then they sign?

If not any other angle available to me?

Many thanks,

[adman31]

Additional points are that:

On the top it says "Reply today for your guaranteed card"

The back of the CCA has a "bank copy" of terms and conditions

[Huff&Puff]

I would advise you to look very, very, very carefully at the alleged agreement. Let's just say that it is not unknown for DCAs to get a bit creative with Photoshop

 

If you have any doubt at all, a Subject Acess Request to the original creditor might well be worth while here.

[adman31]

Hi,

The CCA is direct from the bank not the DCA.

Just looking at it again it is the intial application form and also states "I apply for the Asset card on the Conditions overleaf."

 

Is an application form the same as a CCA?

 

Many thanks

[Huff&Puff]

Not normally, but it can be enforceable if it has all the prescribed terms. It really would be best if you can scan it and post it here, with your details removed.

[adman31]

Hi,

Thanks - will try and get it put on.

However because it is an application form there is no credit limit, repayment or interest rate notification.

General terms and conditions are contained in the photocopied bank copy on the reverse of the application form.

[Huff&Puff]

In that case it will definitely be unenforceable

[tartanblood]

Could I post my Cahoot fixed sum loan agreement for you to check to see if it is enforceable? I have no idea how to start a new thread. thanks

[babybear39]

You should find everything you need here:

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[Huff&Puff]

It's much better to start your own thread To start a new thread, you will see a "New Thread" button towards the top left of the forum page:

 

[tartanblood]

Many thanks for your help, have successfully started a new thread.

[Huff&Puff]

Unfortunately, you seem to have posted it in the wrong place. I'll se if I cn get a mod to move it.

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/234000-cahoot-fixed-loan-agreement.html