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  1. #1
    weakmoments's Avatar

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    Default cca request

    HI Ive received the Credit card agreement from I requeted from the Halifax and they have said its enforceable is there anyway I can check this TIA x

  2. #2
    warwick65's Avatar

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    Default Re: cca request

    Of course they have said its enforceable- they always do

    When was the account opened? This is important because post 2007 almost any old crap will suffice with regard to the agreement but it takes more than a compliant agreement to win in court

    maybe a few details would help
    When was it taken out
    has the account been defaulted - if so when
    Who is collecting the account if it has been defaulted
    Has the account been sold to a debt purchaser

  3. #3
    weakmoments's Avatar

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    Default Re: cca request

    Hi thanks for the reply
    It was a credit card with Halifax
    taken out 13/10/10/2005
    Defaulted 17/01/14
    Moorcroft is collecting on their behald

  4. #4
    weakmoments's Avatar

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    Default Re: cca request

    In their letter they have said
    By providing you with the documents attatched to this letter we have satisfied our obligationto provide a copy of the executed agreement under section78. As such the agreement with us is fully enforceable and we shall continue to treat it as shuch. We will not be entering into any further correspondence with you regarding the rquirements rlationto the provision of the copy agreement.

    The agreement is a reconstructed one has no date on or any credit limit it states we will decide your credit limit and tell you what it is. Also the statement of account shows
    1 the balance of the account is xxxx
    2 the arrears on th account are xxxx
    the amount currently payable by you to reach us by 11/05/17 is xxxx being the full amount outstanding as the agreement has been terminated and the full balance is now payable.
    This is £1000.00 more than I actually owe ????

    thanks

  5. #5
    charitynjw's Avatar

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    Default Re: cca request

    Collecting on behalf of whom?

    How much (approx) is the alleged debt?

    It is a 2005 agreement.
    They may have a few more hoops to jump through yet!
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  6. #6
    weakmoments's Avatar

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    Default Re: cca request

    Moorcroft are collecting on behalf of Halifax. My current statement from Moorcroft is £10581.26 but the cca request has £11657.24.??

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    charitynjw's Avatar

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    Default Re: cca request

    The first point I'd make is that this may well be out of Small Claims Track territory, possibly landing in Fast Track.
    If so there may be significant costs consequences.
    It would be remiss of me if I didn't suggest that you seek professional legal guidance, perhaps even representation if necessary.

    That said, you should familiarise yourself with CCA s78 in conjunction with s127.3 of the Act (as originally enacted)
    Carey v HSBC (2009) will also give you some insight.
    @Diana M @pt2537 for further opinion?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  8. #8
    warwick65's Avatar

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    Default Re: cca request

    Hi
    Have you actually had a claim issued? Hopefully not but as Charitynjw said, if you have this will likely not be a small claim

    I have also had letters in the past that give different balances

    What they should have sent you for the CCA request was
    A copy or reconstituted copy of the agreement along with any terms and conditions at that time
    A set of terms and conditions in place when the account was defaulted
    A statement of account

    They have sent the statement of account although if this is not the actual balance , some judges may agree they have not complied with the statement of account but would possibly give them time to rectify it.

    Can you remember how you you signed the agreement, was it online or did you actually sign something?

    Are you still paying or have you stopped?

  9. #9
    weakmoments's Avatar

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    Default Re: cca request

    Thanks for that way above my pay grade though lol

    - - - Updated - - -

    I cant rmember how I took it out Im sure I did a balance transfer though and had PPI (already claimed this). Yes I am still making payments Im in a self manage DMP with them. I was just hoping if it was unenforceable it could give me some scope to negotiate a full and final settlement later down the line.
    Last edited by weakmoments; 19th May 2017 at 18:38:PM. Reason: missed bit out

  10. #10
    warwick65's Avatar

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    Default Re: cca request

    Quote Originally Posted by weakmoments View Post
    Thanks for that way above my pay grade though lol
    I know it sounds complicated but really isn't that difficult when you have seen a few and boy have I seen a few (about 20 of my own gulp)

    Does what they sent you have your signature on it or do they say that it was an online application

  11. #11
    warwick65's Avatar

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    Default Re: cca request

    If and it really is up to you, you want to post up what was sent, someone- not necessarily me, may be able to point out if anything is wrong. If you do post up, blank out any names addresses bar codes etc so you can not be identified

    The agreement is only one step they need in making an agreement enforceable. Do you have any other documents such as the Default notice, notice of termination or anything.

    Your best hope is that at some point they sell it on to a third party.

    Who is dealing with your DMP? It may be that they are not passing your payments on straight away to Moorcrap or HBOS. I think some still only pay a percentage with the hope of building up a war chest to make a full and final settlement

  12. #12
    weakmoments's Avatar

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    Default Re: cca request

    oooh you must be an expert.
    Its a reconstructed copy and does not have a signiture or a tick in the box.

  13. #13
    weakmoments's Avatar

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    Default Re: cca request

    I will try and put it on may take a while as Im technically challenged. Im mangaging my DMP myself and the balance they have put on the cca request seems to be when they transferred the debt to Moorcroft in 2014.

  14. #14
    weakmoments's Avatar

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    Default Re: cca request

    I have looked through my paperwork and I have a default notice from Halifax 16/01/14.

  15. #15
    warwick65's Avatar

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    Default Re: cca request

    That's useful to know, keep it safe

  16. #16
    weakmoments's Avatar

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    Default Re: cca request

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    - - - Updated - - -

    omg I give up haha

  17. #17
    weakmoments's Avatar

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    Default Re: cca request

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  18. #18
    weakmoments's Avatar

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    Default Re: cca request

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  19. #19
    weakmoments's Avatar

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    Default Re: cca request

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    - - - Updated - - -

    Im sorry I am useless at techy stuff x

  20. #20
    charitynjw's Avatar

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    Default Re: cca request

    Where's the first page of the 2nd set of T&C's?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  21. #21
    weakmoments's Avatar

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    Default Re: cca request

    sorry its the one with 4 on third one along x

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