CCA Request

[labman]

Re: CCA Request

the debt is £15500 on a credit card

TBH, a figure by itself is meaningless out of context. For someone on benefits, that is huge; for Peter Jones he'd pay it no problem. The previous posts give us some idea of the context, but we don't know your full situation, nor do we need to.

[chris260483]

Re: CCA Request

i know that, i was just saying in regards to my credit ref it doesnt matter if i clear the whole debt in full or come to an arrangement with them for part payment as they have already defaulted me my credit is still screwed

[labman]

Re: CCA Request

i know that, i was just saying in regards to my credit ref it doesnt matter if i clear the whole debt in full or come to an arrangement with them for part payment as they have already defaulted me my credit is still screwed

Indeed!

[chris260483]

Re: CCA Request

hi Guys & Girls,

I have received my DSAR today and there is something on it i find interesting regarding Defaults -

Copies of Default, Enforcement and assignment notices are not saved by customer name sw we are unable to provide copies under a Data Subject Access request.

Is this normal?

[chris260483]

Re: CCA Request

i now have a copy of the signed CCA, will post it on here for you to advise on as is different to the reconstructed one

[charitynjw]

Re: CCA Request

hi Guys & Girls,

I have received my DSAR today and there is something on it i find interesting regarding Defaults -

Copies of Default, Enforcement and assignment notices are not saved by customer name sw we are unable to provide copies under a Data Subject Access request.

Is this normal?

Can you smell it?

[chris260483]

Re: CCA Request

should they not have sent me my Default? im a bit confused as i though a DSAR was for everything?

[chris260483]

Re: CCA Request

and if they have not sent me one is the default on my CR even valid?

[FlamingParrot]

Re: CCA Request

here it is

Did you really apply on XMAS DAY 2001? :christmas3: And got approved a month later? :noidea:

There's quite a lot missing on that page with the terms, which seems to have been a bad cut and paste job, is that how it looks to you, i.e. with a border all around the terms? Because that would suggest they overlaid something onto something else!

The terms start at 3, where are 1 & 2? :confused2: I see reference to "Conditions 5(f) and (g)" but there is no 5 on there at all! There's mention of "Condition 7" and even "Condition 11", but nothing past number 4. If that's all they sent, I can't see it being an agreement containing all the terms by any stretch of the imagination!

[FlamingParrot]

Re: CCA Request

should they not have sent me my Default? im a bit confused as i though a DSAR was for everything?

and if they have not sent me one is the default on my CR even valid?

Sadly, after McGuffick v RBS, it was established that reporting to the CRAs does not constitute enforcement, which means they can still record a default against you even without a proper agreement, as your credit files merely reflect your conduct with the account, i.e. if you didn't keep up contractual repayments, this fact can be recorded: :sad:

Mr Justice Flaux concluded that not only did reporting to the various CRAs not amount to enforcement, but that a number of other activities did not constitute enforcement either, such as:

• reporting to CRAs without also telling them that the agreement is currently unenforceable

They should have sent you a Default Notice under s.87 of the CCA after a couple or so missed payments, but the lack of a compliant DN doesn't preclude reporting to the CRAs.

[chris260483]

Re: CCA Request

this is strange, there is no way i would have done this on xmas day for 1, in one of my earlier post i put up the reconstructed copy they sent me prior to my DSAR request.

if i now have this does it mean the reconstructed stuff is not valid as it doesnt match what i actually had/have now been sent?

Im sure if i done a form like this i would have done it in branch.

whats my best course of action?

[chris260483]

Re: CCA Request

is this now UE? surly they cant provide a reconstructed copy on the assumption that thats what they gave me and then when i DSAR them send me something that falls short of this?

[chris260483]

Re: CCA Request

or does UE no longer exist due to the fact they can just knock up T&C at their leisure ?

[charitynjw]

Re: CCA Request

I also note that the PPI box is ticked.

[chris260483]

Re: CCA Request

already done that, and on my ppi link i have done a spreedsheet to make sure its correct