CCA request or claim back charges?

[floricita]

Hi there.

 

I have several credit cards. I have had penalty charges added to them and PPI missold.

 

I know how to proceed regarding the PPI.

 

Regarding the charges. I have in the past managed to claim charges back. however, I have since then recieved more charges on these, and there are also some which I haven't yet claimed for-by that I mean I sent out LBA letters etc and they, capital one and egg said that they wouldn't refund my charges-so I guess next step would be to try and take them to court.

 

However, when I sent SARS requests on these, none of them produced me with my credit agreement.

 

So my question is, should I continue to claim back the charges and PPI? Which I think would have a good chance of being successful.

 

Or

 

Should I challenge them that they must produce me with my credit agreement trying to write off the whole debt? (if they can't)

 

the latter is something that i have not really considered until recently so would like some advice on what is the best course of action

 

tHanks

[rebel11]

Hi flor

 

Recent court cases have made it difficult to get debts written off, the most you could expect is an unenforceable account. The account is only unenforceable until the creditor can provide you with reconstructed Terms and Conditions, however if the CCA has been varied, i.e. interest rate increase they have to provide a copy of the original CCA as well as T'& C's for each variation.

 

http://www.judiciary.gov.uk/media/judgments/2009/carey-v-hsbc-judgment

[rebel11]

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html

[rebel11]

I think you sould pursue all charges, whilst pursuing the CCA.