aqua card - halifax

[me_n_my_kids]

Sent them a cca which they default on 28th dec if no reply, however had a letter today offering that i pay £1pm for 6 months, no mention of cca. think last payment was a couple of pounds less then required due to so being wrong, payments were about £8 a month. why do you think this sudden offer? is it likely theres no agreement they can provide me with?

[ecobabe]

i think that they don't have the agreement and for heavens sake don't agree to this, it could be taken as an acknowledgement, just ignore it and wait for 12 days to expire

[me_n_my_kids]

Thanks ecobabe, DEFINATLY NOT replying to it.

 

Last week i received a default notice from them saying i was in arrears, was going to take it further blah blah, now this letter, which is what made me think they cannot supply the docs

 

as you said, ill file letter, and ignore it until the time limit is up

[me_n_my_kids]

Plus, in my opinion they made the offer so low thinking i would think i was lucky to get such a good offer and i should grab it..... nahhhh no thanks!

[me_n_my_kids]

still no reply about the cca, but the 12 days isnt up until thursday because of xmas!

[me_n_my_kids]

i sent a cca to moorcroft regarding an account with aqua for which an agreement request sent in dec was never received. today i got a letter from moorcroft thanking me for the £1 payment.... argh that was the cca payment, sent with the letter from this site, do i wait until they have defaulted? or write back telling them it was for a cca?

 

I sent a SAR to GE money months ago for statements. i got back 2 statements for 2 accounts for a period of over 18months, they said thats all they had. i complained to the ICO, and wtote to GE saying there was no way of confirming balance, so please consider closing the account. reply has been sent saying there was 2 charges on each account both of which they have refunded. no statements to prove this, only what they say..... do i accept this?

 

Another DCA - fredrickson international have just bought a littlewoods catalogue debt, again there was no cca back from them in decemeber. do i just send the dca a cca, or do i write and tell them the situation?

 

sorry for all the questions id love some guidence if possible, please

[rory32]

argh that was the cca payment, sent with the letter from this site, do i wait until they have defaulted? or write back telling them it was for a cca?

 

They know what it was for, just wait for them to default.

 

I sent a S.A.R - (Subject Access Request) to GE money months ago for statements. i got back 2 statements for 2 accounts for a period of over 18months, they said thats all they had. i complained to the Information Commissioners Office, and wtote to GE saying there was no way of confirming balance, so please consider closing the account. reply has been sent saying there was 2 charges on each account both of which they have refunded. no statements to prove this, only what they say..... do i accept this?

No. Assume there was a charge on every statement they haven't given you. I think then they'll manage to "find" some more information.

 

do i just send the dca a cca, or do i write and tell them the situation?

Just inform them of the situation and that the debt is legally unenforceable.

[me_n_my_kids]

Hi there, thank you very much for that, with regards to the GE situation, what should i say in return?

[me_n_my_kids]

sorry to bug you, but im stuck on wording to ge money?:o

[rory32]

I'll have a think and post something tomorrow if no one else does first.

[me_n_my_kids]

ok, tyvm. wouldnt ask, but not good with words lol

[rory32]

Oops wrong thread.

[me_n_my_kids]

I sent a S.A.R - (Subject Access Request) to GE money months ago for statements. i got back 2 statements for 2 accounts for a period of over 18months, they said thats all they had. i complained to the Information Commissioners Office, and wtote to GE saying there was no way of confirming balance, so please consider closing the account. reply has been sent saying there was 2 charges on each account both of which they have refunded. no statements to prove this, only what they say..... do i accept this?

 

 

ok had a letter from solicitors today of their intended court action. what do i do?:o

[pt2537]

Hi,

 

If its any help this is the letter i sent littlewoods when they sent me a blank copy of an agreement......

 

9th July 2007

Dear Sirs,

Account No *************

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An unsigned credit agreement with incorrect personal details simply printed onto it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 31st May 2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully,

hope you can make use of some of it, with regards to the solicitors which account are they taking you to court over, is it one that has had a CCA request made against it? and if it is did the creditors comply with the request or did tehy default on it. let me know as i have a letter template somewhere to deal with solicitors who try chasing a debt which is in default under the CCA

 

regards

paul

[me_n_my_kids]

ty paul, they sent me an application form as reply to the cca. i then stupidly sent an sar, to which they have only sent 3 statements, so dont know what charges to claim back

[me_n_my_kids]

ok just noticed this too.

 

solicitors letter about the ge account states i should call the clients agents, who is a dca called lewis debt recovery..... ok never heard of them, and never had any correspondance from them, at all. huh???

[pt2537]

Ok, No problem,if they have sent you an application form which i asssume does not comply with the Consumer Credit Act 1974 then you have no problem. the solicitors may not even be aware that you have CCA'd the creditor so the best thing to do here is politely write to the solicitors explaining that the account is in dispute and that you have made a request under the CCA1974 which their client has failed to comply with. the solicitors should cease all action based upon this unless they are in possesion of a properly executed agreement in which case you would argue that if they had a properly executed agreement why didnt they send it to you in the first place.

 

 

i hope this is some help to you

 

regards

paul

[me_n_my_kids]

thank you very much, im starting to calm down a little - lol.

 

do you know if an application form signed in the store (store cards for burtons and DP) count as complying with the cca request?

[me_n_my_kids]

With regards to GE.... emailed lewis debt collectors, told them the situation, they offered a settlement. i said no coz i dont know the balance on the account, its been sent back to GE. hmmm.

[rory32]

do you know if an application form signed in the store (store cards for burtons and DP) count as complying with the cca request?

No it doesn't comply. GE sent me the same thing when I sent them a CCA request.

 

If you can scan it we can tell you specifically why it doesn't comply. If you can't I'll scan the one I have and you can see if it's the same. I can then tell you why it doesn't comply.

[rory32]

Sorry, just to add to my previous post supplying an application form can comply with your CCA request and the companies obligations under your request. It's just that what they have supplied doesn't comply with what a regulated copy of the agreement should look like so wouldn't be enforceable. If that makes sense.