Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

[means2anend]

Hi Caggers I managed to figure out Photobucket and here is that letter from Lowells..Enjoy...it was reduced from £4227.87

 

link will be reposted when personal details erased

 

Rgds

 

M2ae

Edited February 1, 2010 by means2anend

[means2anend]

hi caggers

 

pls let me know if the personal details are still on...i am trying to get to grips with photobucket

 

here is the Lowells Letter as promised

 

rgds

 

m2ae

 

http://i982.photobucket.com/albums/ae302/means2anend/Lowells-NFA.jpg

[lexis200]

Nope, you're good to go:)

[Funkyalfa]

Lexis 200 - Thank you. I sent letters requesting 'true copy of Credit Card Contract'. I sent them to the credit card companies. I didn't / don't need to send them to the debt collectors I assume?

[Funkyalfa]

I sent ten quid chqs - I thought they would charge me at least that much to (try) and locate my details. I won't send them anything else I think!

[Fourfingers]

Hi

 

Can anyone help orange mobile have been chaseing me for a mobile phone bill i know nothing about they passed it to arrow global who hounded me for nearly a year the so called debt is from way back in 2004 i know nothing about it i applied for a subject access request and arrow never replied then i started getting letters from bryan carter solicitors they also hounded me then they sent a letter saying they were taking me to court and they did so i defended myself stating that i know nothing about the debt and that i had asked for a subject access request and the court sent a letter back saying they had 32 days to reply to my request and of they dont the claim will be stayed that was 30 days ago today i got a letter from bryan carter saying here is a statement from orange on how much you owe and it was more that what they asked for through the court and that i must reply within 10 days or they will proceed with the court action what to do

[lookinforinfo]

Fourfingers, you are highjacking this thread at the moment.

Please go to the Telecoms part of the Forum, scroll to the biottom and click on

New Thread and pose your question there. {if you click edit on your post here, copy it then go to your new thread, you can paste it there.} Plus there will be many on there who can give you more specialised answers than perhpas those on this thread.

Once you have done that, you can then post a second time and explain why you know nothing about the debt.

Is it because you have never had an account with Orange or as far as you are concerned, you cleared your account ages ago. Also when was the last time you paid anything off the account or acknowledged you had a debt with them as you must be close to having a Staute barred debt.

[faribaandshell]

HI, First timer here, Can anyone help me with my question. Can a DCA add interest to an account that is in dispute?

[means2anend]

HI, First timer here, Can anyone help me with my question. Can a DCA add interest to an account that is in dispute?

 

 

No!!! the account should be in dispute.However if when the account resumes and is no longer in dispute the interest that would have accrued had the account not been in dispute will be the amount of interest that the account will have accrued...if that makes sense

Edited March 12, 2010 by means2anend

[mitsy95]

If you have written a letter to the DCA and they have not complied after 12 days what do you do? I am in this situation and they are taking me to court. Trial in October they did have a CCJ against me but I had it set aside on the grounds that I knew nothing about it. The DCA did not contact me to let me know that they are taking me to court. I was paying another DCA at the time for the same debt.

[lexis200]

duplicate post. D'oh

[lexis200]

Mitsy - I take it you mean you sent a CCA request and they've not sent anything in response?

 

If this is the case then they are prohibited from enforcement, which is defo court action.

 

I'm going to ask a site team member to move this for you as I think you need to be getting help from people in the legal forum.

[mitsy95]

Thanks lexis200

 

I have posted on legal issues but I have had no response and I am not sure what to do from here.

 

The DCA have only send me an ilegible copy of an agreement. I have asked for a better copy but they said they do not have one yet, and that they are waiting for Santander to send it to them.

[lexis200]

Hi mitsy

 

I did ask but then noticed you'd opened a thread in legal anyway so I told them not to worry.

 

I guess because they have sent you something they have decided that they have complied. If that's all they've sent they have not.

 

I've bumped your thread and I'm going to put a link to it in one of the more viewed ones to see if someone'll have a look for you.

 

Don't fret, I'm sure someone who knows about court actions will help you soon:)

[mitsy95]

Hi Lexis

 

I thought I would post something and see. I telephoned the DCA yesterday and they admitted that they were trying to get a better copy as they know what they have sent is not good enough.

 

Thank you for your reply I will keep checking back to see if someone has replied:)

[quark2009]

hi guys

 

my credit card limit was always increasing even though my credi rating was very poor since the time i got the card, i only asked for it just to be able to pay online, at the beginning Capital One gave me £200 limit @ 30% APR, i did not need any more. but then they kept increasing it, obviously it is partly my mistake that i kept on using it but still the question is:

 

1. is the creditor obliged to give me a new CCA at each credit limit increase ?

 

2. can this be seen as some sort of debt manipulation and can this help me to negotiate a reduction in balance or a low IVA ?

 

many thanks

[means2anend]

Welcome max2009

 

Noticed it's your 1st post...

 

From my memory after reading Carey v HSBC an increase in credit limit does not mean that they are required to give you a CCA every time that happens as that is regulated by s85..BUT they must in accordance with their t&C's give you notice..

 

S85 basically requires them to give you the copy of the properly signed original executed agreement as per s 189(1) and an current copy of that agreement showing all the variations of terms taken place before or at the time a new card is issued to you..

 

As I say my memory needs refreshing so if any others can give some support then appreciated..

 

One point to note is that there is a difference in them giving you notice when the variation is to your benefit and where it is to your detriment..ie..credit limit reduced...can be ondodgy ground if your spending patterns take you OVER...they must give you notice BEFORE this takes place.This usaully simply takes the form of a letter accompanied with leaflets.

 

m2ae

[lexis200]

I think they just have to tell you when it happens, which is generally done on the statements - 'we have increased your credit limit to blah, if you wish to reduce it please contact us' type of thing. That's how it always happened with me anyway, I don't ever remember a separate notice saying it was going to happen.

 

If it's the other way round and they're reducing balance/upping interest/doing something generally to your detriment they have to give you a months notice.

[quark2009]

Hey guys thank you for your reply,

 

if i post my CCA here could you have a look at it and tell me if it complies with CCAct, if it is not too complicated.

 

or may be can you tell me where can i learn how to audit a CCA by my-self

 

does the bank reply to the S78 request have to include "ull statement of this account should have been sent to me detailing all debits and credits to the account" ?

 

they are saying the included "statement of account" too but all i see is the current "t&c" and the credit limit and that's it.

 

i asked for CCA for the overdraft , but they said they dont do CCA for overdrafts, it is just that when my loan got defaulted they piled up all the charges and loan repayments into the overdraft .

 

many thanks again

[lexis200]

Hi max

 

It's fine to post your CCA up here, but this is a well used thread and sometimes will go through several pages in a day, so it would be worth you also starting a new thread of your own and putting in a link here so members can find you.

 

To start a new thread, find the forum you need - in your case it's Cap1, click on it to go into that set of threads, then click the 'new thread' button on the top left of the page. Give it a suitable title, for instance max2009 V Cap1, post your documents up on there (all personal data removed of course), and you're away.

 

To comply with the Act, the bank should include a true copy of your agreement (which you hope will be a direct copy of your agreement, but which can be simply a blank copy from the time that you would have opened your account), current t's and c's, any documents referred to in the agreement, such as historic t's and c's (ie the ones that would have been in effect when you signed up), and a statement of account detailing - I think - the last few payments, arrears (if any) and current balance. If they've not send all of that they've not technically complied, but in all honesty the bits you are interested in - and that may help you - are the agreement and the sets of terms.

 

If they send only the agreement, but it's enforceable, then they have not complied but you would be on a hiding to nothing to complain about it really.

 

Alternatively, if they send you everything but the agreement is not enforceable then have a pop at them!

 

With regards to your initial question, I wouldn't hold out much hope of Cap1 admitting that raising your limit means they should accept a lower f+f. They are notoriously hard to deal with even when they are categorically wrong; when you're in a grey area such as irresponsible lending I doubt very much they'll think twice about ignoring it.

 

I don't know if they do CCA's for overdrafts - I want to say they don't but there are ways round it, but I'm not sure if I'm just making that up!!

[quark2009]

thank you Lexis

 

i wil open my own thread, i just thought the Qs were related to this thread.

 

just one more little Q:

 

Someone in this thread said that if a bank fails to comply with Subject Access Request then the bank cannot pursue the debt further, is it true and what are my options if the bank cannot comply with SAR ?

 

many thanks again

[lexis200]

They are, and there is no problem with you posting on this thread, it's just that if it takes off your questions can get lost! By all means post it up here too, there's nothing wrong with that:)

 

Hmm, not sure about the SAR question. If they don't comply with a CCA they are stuffed as far as enforcement action goes (ie court), but there is nothing to say they can't continue to demand money. It's against OFT guidelines for them too, but they don't exactly pay much heed to them!

 

With SAR's if they don't supply the information you are requesting (without being able to give a valid reason) then you can complain to the ICO about them and get them to force compliance. You can still complain if they do give a valid reason though if it's along the lines of 'we throw anything older than 2 years out', as this is not in line with data protection laws.

 

I've not heard of them being unable to chase a debt because of it though:confused: All they are doing with a SAR is giving you info relating to your account, so I can't see what reason that - as a stand-alone request - would give for then not being able to pursue it.

 

If it's because they've not included your agreement that would give you reason to argue the toss with them, however remember that with a SAR all they are obliged to give you is the information relating to you, not direct copies (hence statements in different formats to the ones you would have received in due course of handling your account). So, if they don't send an actual copy of your agreement - such as with Citi who are apparently fond of sending a sheet of paper with your info typed into a table on it - although it's fishy it's not actually wrong.

[MakemBill]

What effect do the site staff and regulars imagine that the OFT guidance (http://oft.gov.uk/shared_oft/consultations/OFT1175con.pdf) following Carey vs HSBC will have on the way we deal with creditors and probably more importantly the way they'll deal with us?

[DontPushMe]

Does anybody know if I'm entitled to see my CCA from 2003 if the agreement ran for 3 years? The beginning is past 6 years, if there is a 6 year rule for agreements, but the agreement was still in place 4 years ago. If the OC plays hard to get is there anything I can use to persuade them?

 

TIA

 

DPM

[lexis200]

Hi

 

From what I remember the creditor has to keep any documents like that for 6 years after the account was closed, not 6 years from the beginning. You'd probably find you can't get hold of statements from the start, but in order for them to comply with the Data Protection Act they should still have your agreement.

 

However, they don't have to comply with a CCA request once an account is closed, so you'd have to SAR them for it instead (at a cost of a tenner).