Making a CCA request, What to do and what should I aim for?!

[Frank1975]

Hi,

 

Am new on here and have been reading the comments.

 

I have a number of credit cards,

2 that have been taken out since 1992 (Barclaycard, balances of £260 and £1350)

and one that was taken out before 2007 but which has been transferred from company to company (Citi, sold on to ???? and sold on again to ???? I think!, Balance of £3400)

 

From reading stuff on here I think its unlikely that applications and subsequent legal paperwork were completed correctly.

 

I am thinking about asking for a CCA request but how do I go about it and what happens then?

 

What should be my ultimate aim from this?

 

If they don't have the right paperwork can i get the amounts written off or be able to make a lower offer to the credit card companies in full and final settlement?

 

All help would be much appreciated! Many thanks

[dx100uk]

firstly if you look in the library green tab top left you'll find it already written out

 

as for your debts

 

are all the debts showing on your CRA file?

 

dx

[Frank1975]

Thanks for the reply, All the credit cards are recorded on my credit files with equifax/experian etc. Does this make a difference to what i should do from here? Many thanks

[dx100uk]

then quite honestly, you cant really wriggle out of your debts by a 'paperwork' error.

 

that went out the windows years ago

 

have you investigated reclaiming?

 

unlawful PENAlty fees & PPI

 

dx

[Frank1975]

Thnaks for the post, I don't really know what I'm doing with this! I've claimed back PPI and penalty charges, I just stumbled across stuff on here and people seemed to be contesting the amounts they owed because terms and conditions were never completed properly. Is that me done then?!

[dx100uk]

ever received any discount letters?

 

dx

[Frank1975]

Sorry only posting now, Only just realised there was a reply from earlier! Dont think so but what do you mean by a discount letter? Thanks

[dx100uk]

has anyone ever sent you a letter that says

if you pay this debt

 

we'll give you xx% off

or match your payment with one of our own of the same value.

 

dx

[Iloveathens]

Hi

Well if you do send a cca request and they don't reply then they can not chase you for the money. '

 

Even if they they provide paperwork that is incomplete they will still be able to chase you for the money,

but they will not be able to get a ccj against you,

if however there is already a ccj then that overrides any cca request.

 

well thats my understanding from what I have been told

[dx100uk]

yes they can chase you but court is out the windows till they 'reconstruct one'

 

don't fall into the NO CCA no PAY game.

 

a recontructed agreement is quite legal now.

 

 

its upto you if you want to run the gauntlet, but if you know the debt IS yours and its on your cra file

then you are on dodgy ground.

 

dx

[Iloveathens]

Yes didn't the law change about 5 years ago. But I was under the impression that new agreements could be reconstructed but old ones couldn't. But surely they would need my signature for that. Have I got this all wrong?

I didn't quite understand what reconstructed meant

[dx100uk]

in short

forget thrying to wriggle out of YOUR debt by a 'paperwork' error.

 

reclaiming ?

 

dx

[dx100uk]

in short

forget thrying to wriggle out of YOUR debt by a 'paperwork' error.

 

reclaiming ?

 

dx

[Iloveathens]

Ok thanks. Worth knowing. That light at the end of the tunnel was a train on its way lol

[Iloveathens]

oh now I am even more confused. I will have to do some research.

[Bang!]

Out of curiosity - was no/reconstructed CCA ever challenged under Scots/NI law?

[dx100uk]

govan laws next case i bet!

 

and no it wont hurt to cca for £1!

 

dx

[brokebutnotbeatn]

If the agreement was taken out before April 2007 then the OC would need to produce the original in court; post April 2007 then a recon is acceptable.

[Guest]

If the agreement was taken out before April 2007 then the OC would need to produce the original in court; post April 2007 then a recon is acceptable.

 

pre april 07 would require a signed doc that contains all of the prescribed terms. but then would require careful argument. no guarantees. post 07, a recon would prob do if it is valid and accurate.

for a quid, could do a cca request and see what they come up with. also consider doing a sar. then take it from there.

if they don't have the right paperwork, that would not prevent them from undertaking collection activities up to and including court action.

Edited April 4, 2012 by Ford

[Frank1975]

Thanks for that, Good to know. My credit cards were all taken out prior to 2007 so will do a CCA request and see what comes back. What is a SAR?

Would Ii be right in thinking that if they came back without a proper agreement they might be more interested in settling the account for a reduced amount?

[dx100uk]

an sar might be better

you can always add a line in the sar to include you wanting agreement copies

 

you never know what penalty chrges there are nor PPI sometimes

 

dx

[brokebutnotbeatn]

If they don't have the right paperwork and they know you know and you read up and arm yourself with info from this site then they are much less likely to pursue you through the courts.

[Frank1975]

Cheers for all the advice, will make a request and see what happens, May be asking you all for more help soon!

 

On another (help seeking!) note, My wife has been trying to claim her PPI back from MBNA and has had a letter back from them along with a part copy of her original application saying that as she has ticked the "yes" box, It was her choice to take payment protection. It goes on to say that it was a non advised sale and as such, she is not entitled to any refund of the premiums paid. is there anywhere else we can go with this? Many thanks.

[dx100uk]

usual crap

 

start a new thread

on this

 

dx