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CCA Requests not dealt with - Advice needed


citybloke
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Hi

 

I've made CCA requests to Barclaycard, MBNA, Alliance & Leicester and they have all failed to send me the CCA.

 

It has now been over 45 days and I believe they have 12 days until they are in default and a further 30 days when it becomes a criminal offence - Please correct me if i'm wrong here.

 

What regulatory authority to I contact regarding this matter ?

 

Thanks

 

Citybloke

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They haven't sent them because they can't find them (or more likely simply don't have them). You now need to negotiate on a settlement including any default removals which suit you.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The local one, they'll pass it on.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Citybloke, they actually have twelve working days [weekends and bank holidays not included] plus two extra days followed by one month before they

have committed an offence.

So it may be another week before you can be sure that your contracts are

unenforceable until they can produce the executed agreemnets..[i hope you

sent the requests by recorded delivery, and included the £1 payment?].

 

I'll be honest and say that I do have some misgivings about complaining to

Trading Standards-especially straight away.

First, you are already getting out of having to repay the debt which in many

ways should be punishment enough for the creditor. And if it ends in Court, there are some

Judges who feel some sort of disquiet that the debtor has got off on a

technicality as there was a debt involved.

 

Second, if you start proceedings straight away, the companies can come up with reasons why they didn't deliver on time and get the Court to allow them

a stay to locate said document. And on top of that it might seem a bit rich

being so quick off the mark when one wasn't nearly as quick to make some

of the payments [and I include myself in that category].

 

Beside what do you gain if these companies are brought to book? Nothing

except a feeling of being avenged for all the aggravation they have given

you over time.

 

It is perhaps better to give them a couple of more weeks grace [after all

you have stopped paying them haven't you?] before writing to them.

 

In the letter you point out that they are in serious breach of the Act and

should you report them to Trading Standards, they face getting a criminal record and a fine of up to £2500. However you would be happy to let matters lie, if they were prepared to do the same. In other words, if they accept that

as the debt is unenforceable-even if they locate the document at a later date,and remove any defaults and derogatory marks on your credit file, then

you will accept that the matter too is closed.

 

See what they say. If they play ball and some of them will, then just make sure to tie them down so that they cannot pass the debt on to another DCA

should they manage to find the agreement at a later date.

 

If yiour debt to each company is less than £2500, most companies would

probably prefer your option. More problematic if the debt is in to five figures

say.

Just my take on the situation-I am sure there are others who would advise

you to go for the jugular. And you may feel that way yourself especially if

one of the companies has really been giving you stick.

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Thanks lookinforinfo

 

All 3 have definitely run out of time now.

 

MBNA and Alliance & Leicester credit card accounts - The reason I requested the CCA is because they have been charging me PPI and I don't ever recall asking for this or ticking the box on the application form, so that is my reason.

 

I wasn't aware that I don't have to pay them if they can't produce the documents....Is this really the case ??

 

With Barclaycard, I want the CCA for the same reason regarding PPI...I don't owe them a penny, so I will will report them to Trading Standards as they have a history of messing me about....payback time now and they cannot do a thing to me as I don't owe them a bean !!

 

Cheers

 

Citybloke

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To clarify not providing an agreement

 

OFT response to failing to provide agreement:

 

For your information, the general effects of sections 77-79 requires the creditor/owner

(in the case of a hire agreement) under an agreement for (fixed-sum credit, running

account credit and hire agreement) to provide the debtor/hirer with a copy of the executed

agreement and a statement of account on request.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days

(not including the date of receipt of the request) he may not enforce the agreement at all.

This prevents enforcement with or without a court order. If a default lasts for a month

(for example a calendar month) it constitutes an offence. We understand your concerns in

this matter but please do remember however that once the creditor/owner complies with

the request albeit out of time, he may once again enforce the agreement.

 

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement

and the statutory content of the agreement. The name, address and signature of the debtor do

not have to be provided. Additionally, the creditor must supply the total sum paid under the

agreement by the debtor; the total sum which has become payable under the agreement but

remains unpaid; and the total sum which is to become payable under the agreement by the debtor

(the latter two must include the various amounts comprised in that total sum and the date when

each is/was due). However, the copy must be a copy. It need not be exact on immaterial points,

but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have

difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody

would know what was in the original. When the trader comes to enforce the debt in court, he needs

to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot

otherwise.

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to

further query. However in circumstances like this we would view it is as unfair practice under

section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or

provide details as appropriate when a debt is queried or disputed.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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