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CCA Request


Hera123
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Hi again, have just drafted the letter and thought it best to let you have a read before I post it off tomorrow if that's ok

Basically states the following

Thank you for your letter of 29-3-11 received 02-4-11, you state in your letter that you believe the dispute has now been resolved due to your client having sent documents on 22-4-10.

I have no record of receiving the documents referred to and wish to remind you once again that you have not fulfilled my request under s78 of the Consumer Credit Act which I made on 15-2-11.

Therefore the account remains in dispute until the requested documents are supplied by you.

 

What do you think would you change this in anyway?

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  • 4 weeks later...

Hi again, hope you are well, it's been a few weeks now since I have been on the site as I had not received any more correspondence from Wescot since my last post on here, that was until this morning when I received ONCE AGAIN statement of account and the usual stating pay or blah blah blah but still no Credit Agreement. Do I write to them again as I did a few weeks ago advising them that they still had not fulfilled my request and the account is still in dispute or what do I do? Afterall how many times do you have to write and keep advising them of the same thing over and over or is there anything else you suggest I could do next? I anxiously await your advice as usual. Cheers

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Send them a copy of your previous letter with a note to say that they have not responded to your CCA request or previous letter and that you consider this account to be in dispute until they supply an executable credit agreement. Add that you are reporting their consistent harassment to OFT and Trading Standards and refer them to the OFT guidelines on Credit agreements see below

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

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Thanks again, just reading your post now as my computer was on the blink for the past few days. You probably think I am thick now by asking you what exact part do I add to my letter regarding the OFT guidelines on Credit Agreements. As usual I dont want to write the wrong thing and am just not 100% sure. Cheers

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  • 1 month later...

Hi Scott wondering if you could help me urgently. I posted on here back in March regarding a cca request I made to Wescot who are acting on behalf of Halifax credit card. After several weeks of correspondence to and fro I never received the cca and so put the account in dispute. However today I received what Wescot claim to be the cca. It is a one page photocopied document with my name,address, DOB, tel no and and gross annual income and signature and on the back of this page in smaller print is section 1) About their statements 2) Financial and related details. Surely this cannot be a proper cca yet Wescot are now demanding payment by return and I don't have a clue what to do next. Can you please please guide me in the right direction.

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Hi can you post up the ''agreement'' both sides after removing personal details so

we can advise.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Guess no one can help me unless I can post up copy of agreement, but unable to do this so I will just try and muddle on through this on my own. Thanks anyway.

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Do you have a digital camera take a pic and down load to your computer.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No all I have at the moment is a basic computer. Not to worry I will just take a chance and send them a letter stating that the copy they have sent does not have the prescribed terms etc and hope for the best.

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Hi Scott wondering if you could help me urgently. I posted on here back in March regarding a cca request I made to Wescot who are acting on behalf of Halifax credit card. After several weeks of correspondence to and fro I never received the cca and so put the account in dispute. However today I received what Wescot claim to be the cca. It is a one page photocopied document with my name,address, DOB, tel no and and gross annual income and signature and on the back of this page in smaller print is section 1) About their statements 2) Financial and related details. Surely this cannot be a proper cca yet Wescot are now demanding payment by return and I don't have a clue what to do next. Can you please please guide me in the right direction.

 

Hi,

 

Sorry I missed this but have to say I'm not too clued up on agreements ect :|

 
 

Any advice I give is honest and in good faith.:)

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Hi, does this document have a signature box at the bottom for both you and

the credtor or the words Credit Agreement Regulate By CCA 1974?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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  • 3 months later...

Hi folks, been a while since I have been on this site but this morning I received a letter from Halifax credit card services

stating they refer to my recent communication and at the moment they are unable to provide me with a copy of the original agreement and that they have enclosed a copy of my signed application along with current t&c's and they hope this meets with my requirements. Could someone please please give me a template letter to send off to Halifax as I don't really know what way to reply to this. As you will see from my previous threads this account was put in dispute with Wescott Credit Services and this is the first time I have received any correspondence from Halifax regarding the cca, as I never requested this directly to them as it was all done through Wescott. Your help would be so so much appreciated. Thanking you.

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All you need is the account in dispute letter,

Just say that the application form received

DOES NOT SATISFY the request made, and

until the document requested is produced no

further correspondence can be entered into.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi again, just received another letter from Halifax this morning, quite a long letter but what it basically says is, in response to my letter dated 19-09-11 they are sorry I have found cause for complaint (this is obviously the letter sent to the dca) and their response is as follows: At the moment they are unable to trace the reconstituted version of the executed agreement and are not in a position to provide one at this time. However they did provide a copy of the signed application form and current t&c's and they are satisfied the t&c's of the agreement were on the reverse of the application form, therefore I had sight of these details when I signed and accepted the terms. However as thet are unable to provide the original t&c's they will not seek to enforce the agreement as defined by the case of McGuffick v RBS. However if the agreement is unenforceable the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court. They then state that they note I am disputing liablility for the account but have given no basis for the dispute, as they have provided a copy of the signed agreement and I have not disputed the fact I have had the benefit of the agreement, they do not see on what basis I am disputing liability and they will continue with their normal collections and credit reference reporting activities. They finish by stating that they hope I understand their reasons for being unable to agree with my complaint.

Sorry but this is all over my head, what way do I answer this letter? Once again I would be so grateful for your help with this.

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They can't / wont take

you to court but they are

correct this situation does

not extinguish the debt,it

is still recoverable so they

will keep contacting you,

the debt will most likely

do the rounds of all the DCs

trying to collect and threatening

things they can't do.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Should I just ignore this letter then and any others I may receive in the near future from dca's? This probably seems like a silly question but what is the point of a cca request in the first instance? I know for a fact the balance they are chasing me for is way beyond what it was at first, so I guess there are loads of charges etc added on which I am not willing to pay for.

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Should I just ignore this letter then and any others I may receive in the near future from dca's? This probably seems like a silly question but what is the point of a cca request in the first instance? I know for a fact the balance they are chasing me for is way beyond what it was at first, so I guess there are loads of charges etc added on which I am not willing to pay for.

 

do INDEED IGNORE that letter and any other letter you get from the dcas . NEVER EVER PAY A DCA. if you have loads of charges claim them back! send a sar to the smellifax:madgrin:i it will cost you £10

but could reap you a lot.

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