Danske Bank uk card since 1999 & CCA request sent

[xma]

Bazooka Boo,

Following a CCA request made to my bank with regard to a credit card I have held with them since 1999, I received package containing statements they retrieved on the account dating back to the beginning.

 

The included letter stated they were unable to provide a copy of the original agreement which is obviously what I wanted.

 

However, I have since been looking around for a suitable template letter of reply without any success, so was wondering if you might have one?

 

Can you also clarify when the account does actually enter into a state of dispute?

 

I was under the impression this occurred on the date and time the bank signed for and accepted delivery of my initial CCA request, but since then received notification that my non payment of the credit card bill has already been placed on my report

 

. Please confirm.

[AndyOrch]

" The included letter stated they were unable to provide a copy of the original agreement "

 

There are no templates...you dont chase a CCA request...they have given you their response above......there isn't one.

 

 

Andy

[xma]

Thanks for your reply Andyorch but isn't there a need to confirm my position on the matter?

 

I ask because I have seen letters others sent to DCA's explaining their rights, what and what not the DCA can do when an agreement was not provided.

 

This bank has obviously not accepted the account is in dispute so should I not write and insist they remove the information they have placed on my credit reference?

[AndyOrch]

The position is confirmed...you legally requested a copy of your agreement pursuant to section 77/78...they had 12+2 days to comply.They have made a response stating that they are unable to comply and provide a copy.

 

Therefore they are in default of your request and as such.......

 

4)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.

 

https://www.legislation.gov.uk/ukpga/1974/39/section/77

 

You dont have a right to have adverse data removed from your credit file..the two points are not connected......unless its not your agreement and someone has fraudulently take credit in your name.

[xma]

Thank you for clarifying everything!

[Bazooka Boo]

Do you have your own thread on this? If not you need to start one so these two don't get mixed up.

 

 

They failed to send you a copy of the CCA, therefore, you can LEGALLY STOP paying them and get yourself out of the milking parlour.

[dx100uk]

Should not be on your credit file surely?

Defaulted +6yrs ago??

[xma]

Okay, thank you and please forgive my ignorance I will start a new thread next time.

[AndyOrch]

Done...please continue to post here to your thread.

 

 

Andy

[Bazooka Boo]

Cheers Andy....

 

 

 

OK xma, the bank has informed you that they don't have the original, they should have also told you that they believe it is unenforceable due to them not having the original, it matters not that they have sent you reams of other guff to show the use of your account.

 

 

STOP any payments to them, just confirm that this is NOT showing on your credit files??

[xma]

Hi,

I checked my credit file this morning and nothing had yet been reported on it. I may have misunderstood what was being said... "As required under the Consumer Credit Act we have included a Notice of Default Sums in relation to this charge".

 

 

This note was included on my monthly cc statement because I stopped paying last month after sending the initial CCA request letter which they received 3 days before the payment was due. As mentioned earlier I assumed that once they had signed for the letter that the account was then in dispute.

 

 

The only other time I failed to meet the monthly payment was when taken ill and hospitalized a default notice was added, then removed after I explained. Do they have the right to add this information to my credit report?

[AndyOrch]

A Notice of Default Sums is a requirement for all creditors to comply with after changes made to the CCA1974 2006...it is not a Notice that a default marker will be placed.

[xma]

Hi,

Since last time we spoke the only form of correspondence received from this bank has been their credit card statements asking for the monthly payment with notes including demands for payments to be made and notification interest charges were still being applied. I wrote back informing them that as they failed to provide an original copy of the CCA agreement the account was in default and unenforceable and I would not be making any further payments to the account while it remained in default.

 

 

Yesterday I received a phone call from one of their staff asking questions attempting to prompt answers from me and her manner led me to believe the call was being recorded. The only thing I agreed on was that the card was issued to me and then told her to put anything else she had to say in writing. The call ended with her spouting FCA regulations were in place giving financial institutions a 56 day period to 'come up' with the original agreement, stating they have up to October 2nd '18 to provide the CCA.

 

 

At this point she went into a kind of 'small print verbal advertisement' mode which as well as a warning, I think also included a threat of court action. In one respect I was a bit alarmed at the reaction but on the other hand was happy because I did not realize there was a time restraint set by the FCA. The staff member is claiming that the response from them saying they did not have the original agreement should have read, they could not retrieve it and NOT that they didn't have it.

 

 

#1. Can you please verify if her 56 day claim is true and more importantly the date this period would commence?

#2. Is there any action I should take?

[AndyOrch]

Already advised in post# 4...12+2 days.....there is no 56 days.

 

No action required...apart from stop talking to them on the phone.

[xma]

Okay thank you again.

[dx100uk]

who's the bank and what is the debt?

[Bazooka Boo]

When they ring, laugh and hang up.

 

 

It couldn't be easier.

[xma]

Sorry only noticed your post today. Danske Bank and it is a credit card debt

[dx100uk]

Eh was this a uk card?

[xma]

Thanks

[xma]

UK

[dx100uk]

Retitled and moved to other institutions forum

[xma]

Hi,

Since my last post I have now received a letter from this bank informing me that they are looking into my complaint, assuring me of the 'very high standards they set', that they hope to get to the bottom of things within 20 days, but if they do not will write to inform me they are trying hard, or something to that effect.

 

 

Today I again received the monthly statement for this credit card along with a default notice stating if the arrears are not paid within 21 days they might choose to terminate the agreement and demand full payment. They go on to say they may instruct a collection agency or put the matter into the hands of a solicitor incurring costs which I will be liable for.

 

 

To recap, after receiving last month's statement I wrote to them explaining the account was in default as they had failed to provide the requested CCA agreement. These people either do not seem to accept this, do not correspond with their complaints department (who are handling my 'complaint' ) or are simply taking the p***.

 

 

Frankly their threats don't worry me, I am a pensioner living in rented accommodation with no money to spare after the rent is paid, I own nothing apart from an old television, computer and an 11 year old car which might soon be my home. Couldn't care less about what my credit file looks like as have little chance of borrowing again. They can do what they like because I can't pay, but having never been in this situation before I would ask again for your advice.

 

 

Should I simply ignore their threats until such time that a debt collector turns up or receive notification to appear in court? Or, should I be proactive and remind them that they still have not produced a signed agreement confirming I owe any debt to them? I know from reading replies to others on this forum that court action is unlikely whenever they have no proof of debt but ridiculous as it may seem, the staff in this bank appear ignorant to what is being said and I would prefer to shut them up.

[AndyOrch]

And its defintaley a Default Notice...not a Notice of Default Sums which was included in your July Statement ?

[xma]

Yes it is definitely a default notice