Full and Final on DMP

[dx100uk]

no

sit on your hands

 

 

don't invite letter tennis

 

 

dx

[linksway]

Thanks

[linksway]

Second reply to CCA

 

Tesco reply

"Unfortunately you have not provided a signature as authority to allow us to continue with your request, please return a copy of this letter with the correct signature "

 

as I have read on this forum, signature not required, in fact don't sign, should I respond as such or just mark as in despute and Tesco should know the requirement?

[dx100uk]

as this has been sent to the original creditor

 

 

and not a dca

you can sign it

 

 

dx

[linksway]

If I do so, will the clock reset?

If I don't need to and the time is up I am loath to allow them leeway

[dx100uk]

doesn't matter really

if they come up with the cca after 12+2 working days

its still permitted

 

 

let it run

[linksway]

Ok thanks

[linksway]

General question

 

My wife has a 2002 capital 1 card still in maiden name

( we have only been married 14 years!!) never defaulted

 

She sent CCA request

 

Response was send marriage certificate - makes sense

 

On back was

 

" please note where there is no sum which is, or will, or may become payable under the credit agreement,

then the obligation to provide documentation under section 78 of CCA 1974 does not apply.

 

If you have a closed, settled or partially settled account with C1

then we have no obligation to provide you with a copy of the documents you have requested.

 

I acknowledge receipt of your £1 cheque ( it was a PO).

As we are not providing any documents, this cheque will be safely destroyed and will not be cashed.

I apologise for any convenience this may have caused and I hope we can move on from here."

 

I haven't seen this on the forum threads I have read, so we are unsure of what action to take

[dx100uk]

was this sent directly to cap1?

if so then comply

if a dca then no never

[linksway]

Thanks DX, will we have to start again now they have destroyed payment?

[dx100uk]

a cheque will be ok if its too the original creditor

but never send a cheque [with a sig on it ] to a DCA

[linksway]

We have already sent a postal order, which they acknowledge receipt of as above

[linksway]

Credit Card

Account number ************0610 0

Account start date 13/07/2004

Repayment frequency Monthly

Date of default 02/04/2014

Default balance £ 557

 

Reply from Halifax CCA

 

Enclosed signed statement of account

Reconstituted version of current T&C

Reconstituted version of original executed agreement.

 

So as no original signed agreement, my question is am I within my rights to place in despute??

[dx100uk]

scan the CCA return up please

as a multi page PDF document

 

follow the upload

[linksway]

CCA uploaded

CCA DN 02-04-2014.pdf

[dx100uk]

lots of duplicated pages?

and page 3 shows your info too

I've unapproved it for safety sake

 

 

to me that's enforceable.

[linksway]

I thought pre 2006 had to be original signed copy?

[linksway]

CCA attached from 2004, its reconstituted and unsigned

unsigned 2004 CCA .pdf

[dx100uk]

I thought pre 2006 had to be original signed copy?

 

 

 

to me that looks like a good reconstruction

which is what they elude to as well

 

 

for the purposes of the consumer credit act

that's all it has to be

 

 

if it had come from a DCA

and the debt had been sold

i'd question it

 

 

but as the card is still owned by the original creditor?

and you have, all along, paid for the card

you are going to have a pretty hard job

claiming that's not enforceable.

 

 

we cant see the date on the T&C [around the edge as you've cropped the sheets]

but I suggest like it shows on one of the sheet

the date is correct too.

 

 

poss if you were to force this to court

yes the signed agreement would prob be needed

but i'd not do that with a debt owned by the OC

if you wish drop them down to £1PCM

they then might sell it on.

[linksway]

So Halifax do not have to have a copy with my signature, even though it's before 2006,

I thought there was a ruling that only post 2006 reconstituted without signature was enforceable

 

There is no dates on the edges of the agreement, I tried to ensure nothing was cropped

[linksway]

this was the thread I was basing the signature requirement on, CCA-replies....-What-s-the-difference&p=4654573

 

Not disputing this just want to avoid my confusion when other CCA copies arrive, as initially was just looking for my signature

[dx100uk]

copy and paste the thread address from your address bar and post it here.

 

the date your refer to is APR 2007.

 

a recon is quite acceptable for an agreement of any age

as long as its a 'true copy' and contains all it should do

 

this would meet the requirements of the consumer credit act

in as much as it would be deemed' enforceable.

and esp so if the debt is still owned by the original creditor.

 

if it came from a dca and they owned the debt, that's another matter.

 

what also comes into play is how the card was taken out

if online, it might be all there is i'e there never was a signature.

 

as for if a recon could be used to enforce a court judgement

that's for the judge on the day to decide.

[linksway]

Thanks DX

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?437142-CCA-replies....-What-s-the-difference&p=4654573#post4654573

[linksway]

Having received a call from PRA and highlighting no CCA I have received the 2 replies as complying with CCA request.

 

 

neither copy is for a Barclaycard ( however assume that Barclaycard has acquired from original lender)

Neither copy has any card ref and the covering letter has a card ref I don't recognise and is most certainly not what any current debit is against

One seems to be a screenshot simply containing personal info stamped by Sky!

 

 

any advice?

PRA CCA 15 JULY1.pdf

pra CCA2 15 JULY (2).pdf

[dx100uk]

Are those your details?

Any t&c sheets?

 

Please stay off the phone to them too