DCA Just sent a copy of t & c's for CCA request? Thoughts please!

[di30]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Hi there

I agree with Wendy, keep the 2 issues separately.

If PPI was mis sold, make a reclaim and I would also cancel this as well, if its not going to be used, also now worthless, and its of course added to the balance of the debt, this will then reduce the amount what is owed.

So pursue the responsible party - who are the ones who set this up for you from the start, and as Amethyst have said, don't let any media news in regards of Judical reviews put you off.

Follow the guidelines below, send to the responsible party, give them 8 weeks to give a decision, but remember if you hear nothing at all in that time, you then continue to take your complaint to the Financial ombudsman service (FOS).

Keep copies of all you send and what you receive, you may need to refer to these at some point.

http://www.legalbeagles.info/forums/...ad.php?t=10646

http://www.legalbeagles.info/forums/...ad.php?t=22339

Also post by recorded delivery, you can check your status of delivery on the Royal Mail Website - Tracking, this is your proof of delivery.

[di30]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Hi

I forgot to add, if there are 3 mis sold ppi's, then make reclaims on a separate complaint, if one was to consolidate the other, its possible there was a rebate when this was completed, so the remaining of the ppi can still be reclaimed.

[Bill-K]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Hi - I've just quickly scanned through this, and - unless I missed the point somewhere - this is a claim for a refund of PPI, and NOT a claim for unenforceability ? It's just that it seems as though the DCA and/or the OC think it's an unenforceability issue because you asked for a copy of the agreement. We may need to be sure we're discussing the same thing here, too, so we're all in focus !!!

I agree with Ame, that it would appear better to keep up the payments, and make it clear to them that you are not seeking unenforceability, but are looking into the PPI with a view to a reclaim. They might possibly be a little less defensive, and a little more forthcoming (.....possibly !!!).

Us maths geeks are standing by...

[The Tinkerman]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

She sent the CCA request to find out if she had PPI and if so how it had been administered, Granted she did not tell them but when they stated that they had not got it she did put in her dispute letter that "I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides".

Got side tracked by reading the MBNA -v- LYNNE THORIUS case as I read it, thought OPTIMA had taken her to Court with more or less the same scenario just the T & C'S and no CCA but whoever then found out she had PPI thus she won the case or have I got this all wrong,

RE my second post on this thread

Ive been looking at the MBNA v Thorius case were it states MBNA were also held unable to recover the debt because they could not provide a copy of the original signed loan agreement which the court held to be a requirement of the CCA.

Just wondering then how she or the court found out about the PPI in that case
or maybe I have missed something.

[Angry Cat]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Hi Wendy B
so what your saying is that even though they have stated that that they have not got the Original CCA they MAY not be able to pursue this debt through the courts yet they will still pursue the debt so to speak that they would still take her to Court if she stopped paying them with just a Copy of the T&C's.

Re: the 'Copy' of the T&C's provided

Please ask your friend to check, as to whether these are identical to those that were supplied at inception: The Terms & Conditons that were supplied with the credit agreement at the point of opening same.

[Bill-K]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

OK. I'm sorry I seem to have misunderstood. We are going for unenforceability, then ?

If that is the case, we have no need of PPI reclaim arguments, I feel.

If the agreement is unenforceable because its' very existence is disputed, then there is clearly no PPI claim here - because no PPI was ever sold.

I'll tell the maths geeks to stand down.

My apologies, guys.

[Amethyst]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

I think the PPI reclaim has a much much better chance of succeeding in reducing this debt than any unenforceability claim has.

I'll check your question ref Thouris Tinkerman.

[Amethyst]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Well, in her case, the PPI was being charged monthly and it appeared as an entry on all her statements.

[Angry Cat]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

I think the PPI reclaim has a much much better chance of succeeding in reducing this debt than any unenforceability claim has.

I'll check your question ref Thouris Tinkerman.

My comment referred to the OP's CCA request for information, of which it would appear has not been fully complied with.

[quote]: She then sent a dispute letter to them and stopped the payments but now
they have sent a letter back which states "further to your request for a copy
of your agreement we now enclose that document for your immediate attention?

we need to hear from you with your proposals for settlement of your account which is long overdue , within 10 days"
and all that she has received is a piece of paper with a copy of some t & c's on it and no heading as to what company these t & c's belong to [QUOTE]

Please refer to, s7 of the Copy Docs Regs 1983.

I agree, that the PPI reclaim route will have a better chance of success.
However, this member is entitled to the information about the credit agreemen and; any other document referred to in it...

[Amethyst]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Yep, s'ok AC I was replying to Bill.


ooo and AC, when you quote stuff, the end marker needs a / in it so - [ / quote ] (exclude the spaces) so it puts it in a quote box.

with end marker /

[quote] without end marker [quote]

Just for future ref

[The Tinkerman]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Exactly my thoughts AC I just didn't want her to put all her eggs in one basket so to speak and look at the best course of action for her, which seems to be from what everyone is saying to go down the route for the PPI.

Sorry if I have mislead anyone.

Just for your information AC and Amethyst she did quote in her dispute letter

"I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy, or application form, will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances".

Will go get her copies of the T & C'S and send the necessary attachments when I get back,

Again thanks for all your hard work.

[The Tinkerman]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Attached is the white copy of the T & C'S Robbersway sent to her and also attached is the pink copy of the T & C'S from one of the previous loans she had with Avco Trust the year before the one in question which she found as I mentioned earlier.


Seems to me bits missing, also mentions Citi Financial in 9.General on white copy they sent, when the OC was Avco Trust! whom I think either Citi took them over or they were part of Citi Financial as I don't think Avco Trust offices exist any more.

What do the professionals think!

[The Tinkerman]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Please no need to apologies Bill-K

I just wanted to explore all the options open to her and the best route possible which seems to be going for the PPI.

We may need you yet any apologies to be made it should be me.

[The Tinkerman]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

T & C'S Above, also admin charges different in number 4, Expenses and Appropriation.

[Angry Cat]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Application / Licence Details




Licence Number:0079310
Licence Status:Current

Current Applicant / Licensee:

Business NameCompany Registration NumberCitifinancial Europe Plc1375237

Licence Notes:

EvtStageOpen DateNotes
132 Requirement Obtained23/04/2009 :
http://www.oft.gov.uk/shared_oft/bus...uirements2.pdf

Categories:

Consumer credit Consumer hire Credit brokerage Provision of debt-adjusting on a commercial basis Provision of debt-counselling on a commercial basis

Right To Canvass Off Trade Premises:No


Trading Name(s) (Current):

Associates Capital Corporation Associates Direct Loans Associates Direct Mortgages Associates Neon Avco Avco Direct Avco Portfolio Avco Premium Provider Avco Trust C.C.R.S. Capital Collection Agencies CEF Citi Citi Cards Citi Loans Citi/advantage/Visa Gold Card Citibank Citicards Citifinancial Commercial & Equipment Finance Courtway Collection Services Creditplus Everyday Finance First Affinity Money Management Services Neon Neon Associates The Associates The Associates Financial Services The Associates-Your High Street House Of Finance The Personal Loan Specialists Ultima

Trading Name(s) (Historic):

Avco Fortfolio Citybank Audi BMI Baby Bmi Baby.Com Avco Cars Audi Card bmibaby.com Shell Mastercard Easy Jet Mastercard Bmi Baby Credit Card

Issued Date: 24-Oct-1978
Date Maintenance Payment Due: 04-Sep-2014


Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

NamePositionGerard Jude Ryan Jon Christopher Wiggins Simon James Cumming

Historic Individuals that run the organisation:

NamePositionAndrew Martin GaulterOFFICERDaniel Martin MaloneOFFICERGeoffery John GearyOFFICERGeorge Jeffrey MeilerOFFICERGerard Jude Ryan Henricus Lambertus Pijls Ian David Kerr Jo BenedettoOFFICERMichael LenoraOFFICERMr Allan Henry Phillips SilvermanOFFICERMr Alun Charles BraithwaiteOFFICERMr Anthony Ian MorseOFFICERMr Bobby Daniel SessomsOFFICERMr Derek Andrew PorterOFFICERMr Desmond Guy StylesOFFICERMr Frederick Brian BarnesOFFICERMr George Cone EvansOFFICERMr Harold Douglas MarshallOFFICERMr John CampbellOFFICERMr John Douglas KinesOFFICERMr John Edgar GodfreyOFFICERMr John Hubert WinterOFFICERMr John Peter RolandOFFICERMr Lars Ake PattersonOFFICERMr Matthew Lee HollingsworthOFFICERMr Michael CroninOFFICERMr Michael John HallOFFICERMr Michael Wynne ReynoldsOFFICERMr Peter George HiscockOFFICERMr Philip AwadOFFICERMr Robert F JudikinasOFFICERMr Ronald Anthony ZoldanOFFICERMr Stuart Ronald WestOFFICERMr Terence Ivan WilliamsOFFICERMr Wilfred HorieOFFICERMr William Alexander GallawayOFFICERMr. Keith William HughesOFFICERNandan MerOFFICERNicholas Mark Edward LyallOFFICERRobert EastonOFFICERSarvesh SarupOFFICERScott AndersonOFFICERSimon James Cumming Stuart BellOFFICERSurinder Pal SinghOFFICERSusan Gail Shakespeare Susan ShakespeareOFFICERTom JonesOFFICER

Nature of Business:

Banking services Credit Agreements/loans (not linked)

Current Address(es):

Address TypeAddressCorrespondence33, Canada Square, LONDON, E14 5LB, United KingdomPrincipal Place Of Business33, Canada Square, LONDON, E14 5LB, United KingdomRegistered Office33, Canada Square, LONDON, E14 5LB, United Kingdom

Historic Address(es):

Address TypeAddressCorrespondence11, Datchet Road, Windsor, Berkshire, SL4 1SWCorrespondenceAssociate House, 15 Bath Road, Slough, Berkshire, SL1 3USCorrespondenceCiti Group Centre, Canada Square, Canary Wharf, London, E14 5LB, United KingdomCorrespondenceSimon Cumming, Citigroup Centre, Canada Water, Canary Wharf, LONDON, E14 5LB, United KingdomPrincipal Place Of Business11, Datchet Road, Windsor, Berkshire, SL4 1SWPrincipal Place Of Business87, Castle Street, Reading, Berkshire, RG1 7DXPrincipal Place Of BusinessAssociates House 15, Bath Road, Slough, Berkshire, SL2 5XEPrincipal Place Of BusinessAssociates House P.O. Box 200, Windsor, Berkshire, SL4 1SWPrincipal Place Of BusinessAssociates House, 15 Bath Road, Slough, Berkshire, SL1 3USPrincipal Place Of BusinessAssociates House, 15 Bath Road, Slough, Berkshire, SL2 5XEPrincipal Place Of BusinessAssociates House, P.O. Box 200, Windsor, Berkshire, SL4 1SWPrincipal Place Of BusinessCape House, Exchange Road, Watford, Hertfordshire, WD1Principal Place Of BusinessCitigroup Centre, Canada Water, Canary Wharf, LONDON, E14 5LB, United KingdomRegistered Office11, Datchet Road, Windsor, Berkshire, SL4 1SWRegistered Office87, Castle Street, Reading, Berkshire, RG1 7DXRegistered OfficeAssociates House 15, Bath Road, Slough, Berkshire, SL2 5XERegistered OfficeAssociates House, 15 Bath Road, Slough, Berkshire, SL1 3USRegistered OfficeAssociates House, 15 Bath Road, Slough, Berkshire, SL2 5XERegistered OfficeAssociates House, P.O. Box 200, Windsor, Berkshire, SL4 1SWRegistered OfficeCitigroup Centre, Canada Water, Canary Wharf, LONDON, E14 5LB, United Kingdom