Cca Recieved After 18 Months !!

[clairebear11]

Hi There,

 

Just a quick one!! I sent 1st Credit a CCA request back in Sep 2008 and they have just sent it to me today, 18 months on.

 

It is the true copy of it and is signed and dated June 2005. In my CCA request to them i advised of the time limits (12+2 days and 30 days) to respond otherwise they must remove it from my files as unsubstantiated.

 

The letter that came with my CCA advised they now see this as enforceable. Is this correct after so long or is there something i can do ??

 

All advice will be appreciated !!

[harrassed senior]

Would it be possible for you to scan the documents received (after first removing all identifying details, including any barcodes).

 

June 2005 is within the dates that can be queried. Can you tell us who the original Creditor is.

[themagician]

Hi There,

 

Just a quick one!! I sent 1st Credit a CCA request back in Sep 2008 and they have just sent it to me today, 18 months on.

 

It is the true copy of it and is signed and dated June 2005. In my CCA request to them i advised of the time limits (12+2 days and 30 days) to respond otherwise they must remove it from my files as unsubstantiated.

 

The letter that came with my CCA advised they now see this as enforceable. Is this correct after so long or is there something i can do ??

 

All advice will be appreciated !!

did you ever put the account in despute ????? after the 12+2 days for the cca exspired.

[clairebear11]

Would it be possible for you to scan the documents received (after first removing all identifying details, including any barcodes).

 

June 2005 is within the dates that can be queried. Can you tell us who the original Creditor is.

 

 

Yes i'll try and get the documents scanned onto here so you can have a look.

 

The original creditor was HFC Bank.

[clairebear11]

did you ever put the account in despute ????? after the 12+2 days for the cca exspired.

 

I wrote to 1st Credit on 17th Oct, 2008 to tell them the time had expired on my CCA request so nothing will be paid etc and the account was in dispute.

 

They wrote back 4th Nov 2008 saying they understand the 12 days have expired and that they cannot enforce it until the agreement arrives. They also said as a month has expired a offence may have been committed. However if it has this does not affect the rights and duties between us and "The Act" provides defences to any offence which they believe would apply.

 

Its all quite confusing to someone who doesn't usually deal with these people !!

[diddydicky]

if the agreement is valid then they can enforce- even after all this time - as soon as they comply with s789 their breach ends-

 

however they MUST send you the terms and conditions as applicable at the time you entered the agreement

AND

 

copies of any terms and conditions as varied

 

AND

 

a signed statement of account

 

AND

 

it must all be "easily legible" o

 

 

otherwise they remain in default of s78

 

however, when they first were in default of your request 18 months ago they MAY have committed an offence

 

not sure when the date for removal of the offence came into force

[clairebear11]

Scanned Documents as requested.

 

They say in the letter 'as recently requested' I requested it 18 months ago !!

[maroondevo52]

Images too small, could you please re-post larger.

[firstship]

Maroondevo52.............yet another case of OCs and DCAs having all the time in the world to produce documents,there is something wrong in law they have 12+2 days to comply before going into default and yet they have unlimited time to get out of the default,in this thread 18 months in my own case 13 months and still no signed agreement.There has got to be a time limit do you not think>>>>>>>>>>>>Firstship,,,,,,,,,,,,,,,,

[firstship]

clairebear11....................before you re -scan your documents delete out your personal details,ie name, address, signature, account number,even though your first attempt is to small i can just about make out your signature etc....FS

[clairebear11]

SCANNED AGAIN

 

This should be better !

1stcred2.doc

1stcred22.pdf

[maroondevo52]

Clairebear, I've unapproved your attatchments, you left your name on the first one. Could you Blank it out and re-post please.

 

Thanks.

 

Scott.

[clairebear11]

Try this......

1st1.pdf

1st 2.pdf

[diddydicky]

i/m not too hot on fixed credit agreements but it seems to be all there

[clairebear11]

They wrote back 4th Nov 2008 saying they understand the 12 days have expired and that they cannot enforce it until the agreement arrives. They also said as a month has expired a offence may have been committed. However if it has this does not affect the rights and duties between us and "The Act" provides defences to any offence which they believe would apply.

 

 

I just can't believe they disregarded the amount of time they had and took 18 months to produce it. The above that i got in a letter from them about 16 months ago just goes to show there arrogance !

[cheerup]

THEIR arrogance? Come on, they have proved the debt which you invted them to do so now you will have to pay it.

[DonkeyB]

Do I smell troll?

[cheerup]

No it's just the smell of an opinion that you don't agree with.

[DonkeyB]

No, it's the opinion of someone who knows nothing about why the original poster has asked the question, nor what their situation is.

 

A look at your other posts makes me query what you are doing on CAG, because it isn't to help people.

[diddydicky]

good point:

 

might be prudent for him/her to change their handle from "Cheer up" to "be miserable"

 

certainly looks suspicious

 

he/she could be a dentist- those b***ards always lied to me when they said it wouldnt hurt!!

[cheerup]

DonkeyB, grow up. Going on every post I've made and spamming 'troll' isn't going to help the OP. They will need to come to some form of arrangement to pay off the debt at a rate they can afford.

[diddydicky]

i dont think you are a troll, however you have posted only 10 times on the forum and whilst i am all in favour of people playing devils advocate (for they will face worse in court)- every single one of your posts seems to be a negative put down!!

 

if you want folk to respect your opinion and not consider you to be a troll- you could do worse than to actually encourage and debate matters a little more to build a reputation rather than make negative "pronouncements" all the time.

 

As far as your comments are concerned

 

there are no morals held by the lenders- they will happily rack up interest rates whilst base rates fall to almost zero and when debtors get into difficulties they will all too readily "fall back on" the terms and conditions of their agreements and insist that they are complied with

 

those who live by the sword must also expect to die by the sword

 

it therefore matters not one jot what decisions the debtor should morally take- if the terms and conditions (or lack of) or the creditors behaviour be such that they are in contravention of the regulations then tough titty

 

To quote many a lender " you agreed to be bound by the terms and conditions when you signed the agreement"

 

the answer to which is all too often not thrown back at them..............and which is........

 

 

So did you matey!!

Edited March 10, 2010 by diddydicky

[cheerup]

That's fine maybe I do like to tell it as it is sorry if it seems harsh.

[diddydicky]

its not harsh to me- i am just pointing out that as a "newbie " you must understand that folk will be veryt wary of you due to your comments and the number of previous posters who have started out on the same tack

 

i hope you stick around if you have something to offer

[cheerup]

To quote many a lender " you agreed to be bound by the terms and conditions when you signed the agreement"

 

the answer to which is all too often not thrown back at them..............and which is........

 

 

So did you matey!!

 

Yeah....but now the lender has provided the agreement the debtor will need to arrange repayments, they can only pay what they've got though.

 

OP should send an offer in writing. I don't know if it would be wise to wait any more, now they've got the agreement they might be taken to court with it.