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Morning everyone.A recap ,update and help sought.On 5/8/08 I sent 10 cca request complete with postal orders.19/8/08 sent 12+2 letter. SEVEN never replied ONE denied they had the account Egg sent an unreadable CCA +T&C in da different type face and RBS sent a letter dated 19/8/08 enclosing copy of CC application due to be recieved June 2001 BUT dated by me June 2002.ALL the postal orders were kept. Do I send them the 30 day letter on 19th Septemeber or is this not neccessary?Has there been a change in the law , all my cards were taken out in pre 2006.Do I continue to pay my £1 a month to the card companies ( I have never agreed any payments with DCA's. Sorry this is a bit long winded, thought I had it licked but now worried and confused again.

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Morning everyone.A recap ,update and help sought.On 5/8/08 I sent 10 cca request complete with postal orders.19/8/08 sent 12+2 letter. SEVEN never replied ONE denied they had the account Egg sent an unreadable CCA +T&C in da different type face and RBS sent a letter dated 19/8/08 enclosing copy of CC application due to be recieved June 2001 BUT dated by me June 2002.ALL the postal orders were kept. Do I send them the 30 day letter on 19th Septemeber or is this not neccessary?Has there been a change in the law , all my cards were taken out in pre 2006.Do I continue to pay my £1 a month to the card companies ( I have never agreed any payments with DCA's. Sorry this is a bit long winded, thought I had it licked but now worried and confused again.

 

Hi loromos, it would be best if you kept to your own thread which is here..

 

http://www.consumeractiongroup.co.uk/forum/general/158119-rbs-cca-request-cc.html

 

That way you will get help tailored to your specific needs. This one is very general and very long :-D it is possible your post will get lost.

 

The law has changed inasmuch it is no longer a criminal offence if the company doesnt respond to your CCA request. So, yes you can send them a reminder. Whilst they remain in default of your request they are not allowed to enforce it. They will try, but they shouldnt. if the do, then report them to Trading Standards. :-D If you ahve a read around the threads, then you will find lots of answers to any questions you might have. If not.. then just yell.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The law has changed inasmuch it is no longer a criminal offence if the company doesnt respond to your CCA request

 

I've read this on a couple of threads and just wanted to ask a question - where has the law changed?

 

Are we talking about the Rankine judgment? If so, the Judge said it wasn't an offence to fail to respond to a CCA request then to seek enforcement via the Court. I can't find the bit where he said it wasn't an offence to fail to reply in the prescribed period?

 

Surely, as the CCA was enacted by Parliament, the offence would stand until it is repealed, (or have I missed the repeal as well) by only Parliament can do that?

 

:?

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I've read this on a couple of threads and just wanted to ask a question - where has the law changed?

 

Are we talking about the Rankine judgment? If so, the Judge said it wasn't an offence to fail to respond to a CCA request then to seek enforcement via the Court. I can't find the bit where he said it wasn't an offence to fail to reply in the prescribed period?

 

Surely, as the CCA was enacted by Parliament, the offence would stand until it is repealed, (or have I missed the repeal as well) by only Parliament can do that?

 

:?

 

I dont think it has anything to do with the rankine case at all. It is my understanding that whilst an OFFENCE has still been committed by not responding to the CCA request within the statutory timescales, it is no longer a CRIMINAL offence. The companies are still not able to enforce the agreement if they havent provided the documents. I am sure somone will put me right if I am wrong, but I understand the letter template on the forum has been amended to reflect the above.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I've read this on a couple of threads and just wanted to ask a question - where has the law changed?

 

Are we talking about the Rankine judgment? If so, the Judge said it wasn't an offence to fail to respond to a CCA request then to seek enforcement via the Court. I can't find the bit where he said it wasn't an offence to fail to reply in the prescribed period?

 

Surely, as the CCA was enacted by Parliament, the offence would stand until it is repealed, (or have I missed the repeal as well) by only Parliament can do that?

 

:?

 

 

The offence aspects of s 77-79 of the Consumer Credit Act 1974 were repealed by Regulation 30, The Consumer Protection from Unfair Trading Regulations 2008 ........

 

SCHEDULE 2 Amendments

 

 

PART 1 Amendments to Acts

 

Consumer Credit Act 1974

 

20. In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it.

 

Which was .....

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

 

Onwards and Upwards

 

Chalkitup

Edited by Chalkitup
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I am curious about something and would be grateful if I could have some opinions on it.

The court papers I received clearly state that I am being taken to court for non payment of a personal loan. I have never had a personal loan with the OC but I did have a credit card. Are credit cards and personal loans all treated as one in the same or is this error on the court papers important?

 

Thanks in advance.

Canaan

http://www.consumeractiongroup.co.uk/forum/legal-issues/159341-court-papers-received-what.html

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hi can anyone offer advice on cca to northern rock......

 

i sent off a cca request for my loan with Northern rock on 12th August. I sent a £1 postal order with it.

 

i received the Postal order back in the post yesterday along with a letter advising that they will only send back my cca request if the letter is signed by me and my partner.....

 

the loan is in joint names and my originial letter is just from myself and i did not sign it as advised.

 

do i need to send my request again signed by both of us? i think i have read on the forum some where that it is not a legal requirement to send a signed letter ?????

 

can anyone advise?

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hi can anyone offer advice on cca to northern rock......

 

i sent off a cca request for my loan with Northern rock on 12th August. I sent a £1 postal order with it.

 

i received the Postal order back in the post yesterday along with a letter advising that they will only send back my cca request if the letter is signed by me and my partner.....

 

the loan is in joint names and my originial letter is just from myself and i did not sign it as advised.

 

do i need to send my request again signed by both of us? i think i have read on the forum some where that it is not a legal requirement to send a signed letter ?????

 

can anyone advise?

 

 

 

 

Hi katie,

 

 

As far as I'm aware, you do not need to sign a letter at all!

 

I would allow the 12 working days to pass, and if they haven't complied, then report the matter to TS and OFT!

 

You can if you like inform Northern Rock of your intentions. But that's up to you.

 

 

Best wishes, Jeff.

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Hi katie,

 

 

As far as I'm aware, you do not need to sign a letter at all!

 

I would allow the 12 working days to pass, and if they haven't complied, then report the matter to TS and OFT!

 

You can if you like inform Northern Rock of your intentions. But that's up to you.

 

 

Best wishes, Jeff.

 

 

 

 

Hello katie,

 

 

Just had a thought!:rolleyes:

 

 

You could re-send the request with your postal order. Only this time, both you and your OH could sign it with a completely different style of signature than you would normally use!

 

This way, if Northern Rock get up to any little tricks with an "alleged copy of your CCA", then you will be able to tell straight away!!!;)

 

 

Regards, Jeff.

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Hello katie,

 

 

Just had a thought!:rolleyes:

 

 

You could re-send the request with your postal order. Only this time, both you and your OH could sign it with a completely different style of signature than you would normally use!

 

This way, if Northern Rock get up to any little tricks with an "alleged copy of your CCA", then you will be able to tell straight away!!!;)

 

 

Regards, Jeff.

 

 

good advice....and photocopy it as proof or scan it to a pdf file along with the date. DO NOT trust any of these institutions just now.

 

 

Sarah

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do i need to send my request again signed by both of us? i think i have read on the forum some where that it is not a legal requirement to send a signed letter ?

 

Correct, it is not a legal requirement to sign a CCA request. However if this is the only way you are going to get it (without a lot of letter writing) you can use a digital signature. I've used this site but there are others

Online Personal Signature Maker - MyLiveSignature - Free Personal Signature Generator

 

The alternative is to do as Jeff suggests - wait the 12 days & then send a leter of non-compliance.

Edited by foolishgirl
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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Alternatively you could sign your partner's name and he could sign for you. This is what I have been doing for some while now and it has been accepted. :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Alternatively you could sign your partner's name and he could sign for you. This is what I have been doing for some while now and it has been accepted. :)

 

Ha, I like it CitiB - so much for the DPA then?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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CitizenB

 

Judge Brown in the Rankine case refered to s.170 regarding commiting an offence I have cut and paste below

 

170 No further sanctions for breach of Act

 

(1) A breach of any requirement made (otherwise than by any court) by or under this Act shall incur no civil or criminal sanction as being such a breach, except to the extent (if any) expressly provided by or under this Act.

 

(2) In exercising his functions under this Act the Director may take account of any matter appearing to him to constitute a breach of a requirement made by or under this Act, whether or not any sanction for that breach is provided by or under this Act and, if it is so provided, whether or not proceedings have been brought in respect of the breach.

 

(3) Subsection (1) does not prevent the grant of an injunction, or the making of an order of certiorari, mandamus or prohibition or as respects Scotland the grant of an interdict or of an order under section 91 of the Court of Session Act 1868 (order for specific performance of

statutory duty).

Live Life-Debt Free

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Sorry B3rty, I dont think I quite understand your post. :???:

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just a comment on your post..regarding the commiting of offence for .s78(6)

 

I dont think it has anything to do with the rankine case at all. It is my understanding that whilst an OFFENCE has still been committed by not responding to the CCA request within the statutory timescales, it is no longer a CRIMINAL offence. The companies are still not able to enforce the agreement if they havent provided the documents. I am sure somone will put me right if I am wrong, but I understand the letter template on the forum has been amended to reflect the above.

Live Life-Debt Free

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Aha, sorry B3rty.. Now I understand. my memory retains information short term. I didnt connect your post to one I had made a couple of days ago. :oops:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi everyone, today is the day I was due to send the 30 day letter.Is it now agreed that this is no longer neccessary? What happens if CCA sudenly start to arrive a0 if they are in order b) if they are not in order?

Many thanks to everyone for previous advice and help.

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Hi loramos,

 

Not sure which (or even all) of your creditors your latest post applies to but the following is suitable for all:

 

Did you send them a letter after the 12 days putting the account in dispute?

If not, suggest you do so now, reminding them that they are in default of your CCA request, that the account is in dispute & they are not permitted to enforce in any way whilst it remains so etc.

(Do you need a template for this? If so, post back & I'll paste one up for you.)

 

Then just sit back & wait for the CCAs to arrive. They may still try to get you to pay up, even possibly commencing court action but if they do so & haven't /can't supply a CCA, you have an absolute defence. But at the moment just take one step at a time. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi foolish girl, there 10 cca requests in all.First letters were sent 05/08/08 I then did the 12+2 letter.Todate only two have replied,RBS who sent an application form and egg who sent an unreadable and undated CCA.I replied to both of them that they were not what was requested and have heard nothing since.

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You could keep chasing after them, but in my opinion, unless they are chasing you for money, it's best to leave well alone. You can of course legitimately stop paying now if you haven't already.

In my experience, they will either eventually send you something or they will now pass the debts on, which of course they are not supposed to do. Either way, respond when you need to rather than push them into having a really good search for your agreements.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • dx100uk changed the title to Cap1 & CCA return
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