CCA Requests - any point?

[basa48]

Re: CCA Requests - any point?

I think this site is very lucky and privileged to have someone like PT on here. I know that PT has helped many many of CAG and would just like to say great is that there are some people left in this world who are decent and who are/have been helping so many.

PT, you are a treasure to all who are fortunate to receive your help and kind advice, also support. I have picked up a lot from your threads and I know that sometimes I get things done back to front or upside down even though in my head I know what it is, just putting it all together correctly sometimes is the hardest...........then again that is why they call us LIP's short for LOST IN PERSONAL SHIIITE LOL, because sometimes that is what most of us are in.

Thanks, look forward to hearing some good news.

A complete hear, hear from me.

As far as I know PT is still a tour de force on CAG as well.

I've never been one to promote non compliance with s77/78 as an avenue to unenforceability and after Carey it is even more frought.

I still think s60/61 is the route unless you are 'lucky' enough to get a totally invalid DN.

However if there is a judgement that overturns Carey on in some way returns the s77/78 route as viable I will be delighted.

[PriorityOne]

Re: CCA Requests - any point?

Just to add..... ALL of my own creditors/DCAs (apart from the ex-repo debt from yonks ago) have backed off on the basis of no enforceable Agreement under CCA 1974.... re-enforced by a request for written confirmation under CPUTR 2008 as to whether they hold the doc. or whether the don't, if needed. To date, none have been willing to confirm one way or the other.....

On that basis, s77/78 is still very powerful as the initial tool of dispute, if you like... and as someone said earlier, it's not about denying the account existed if it did; it's merely a request for copy documentation, which you are perfectly within your rights to ask for. If they want to go and assume that you're trying to wriggle out of things, then that's up to them, but speaking for myself.... I've never said or implied that.

:-)

[cupcakes]

Re: CCA Requests - any point?

The CCA certainly remains an extremely useful tool if no payments have been made against an account! see my thread Cupcakes v Lowells. I did not even know about the account let alone sign a credit agreement. I certainly did not authorise any transactions.

[Caspar]

Re: CCA Requests - any point?

Just to add..... ALL of my own creditors/DCAs (apart from the ex-repo debt from yonks ago) have backed off on the basis of no enforceable Agreement under CCA 1974.... re-enforced by a request for written confirmation under CPUTR 2008 as to whether they hold the doc. or whether the don't, if needed. To date, none have been willing to confirm one way or the other.....

:-)

What exactly do you ask under CPUTR 2008, just do you hold the original agreement? If they don't, they can still surely reproduce it. I can see Schedule One might be useful, but not in the context you suggest

I'm also obviously missing something in Section 60 - can someone point me in the right direction please?

Apologies for being thick today!

Caspar

[The Debt Star]

Re: CCA Requests - any point?

Apologies for being thick today!

lol. At least its only today! With me, its every day

[PriorityOne]

Re: CCA Requests - any point?

What exactly do you ask under CPUTR 2008, just do you hold the original agreement? If they don't, they can still surely reproduce it. I can see Schedule One might be useful, but not in the context you suggest

I'm also obviously missing something in Section 60 - can someone point me in the right direction please?

Apologies for being thick today!

Caspar

I ask for written confirmation as to whether they hold a properly executed signed document perrtaining to myself or whether they don't..... and if not, to bog off until such times as they do. So far, it's been just as effective as requesting the info. under CPR in that creditors/DCAs have indeed bogged off or, have written back confirming that they're no longer dealing with the account.

This has all been in relation to CCA 1974 accounts though.... meaning that yes, they can reproduce one, but not the original (for court) and to say they've got the original when they haven't would put them in breach of CPUTR 2008. I forget which bit it is for now.... but it's in my files somewhere....

:-)

[Caspar]

Re: CCA Requests - any point?

Thanks P1! So you combine the CCA request and the question about the original agreement in one letter, or you CCA, then if they respond send a second letter asking about the original?

[PriorityOne]

Re: CCA Requests - any point?

Thanks P1! So you combine the CCA request and the question about the original agreement in one letter, or you CCA, then if they respond send a second letter asking about the original?

CCA first, see what comes back and then question it (if necessary)....

So far, none have mine have had an Agreement; only an Application form at best, so it's been reasonably straightforward. They haven't been happy with me though.... and have tried to skirt around the issue by blabbing on about Carey.... but hey-ho...

:-)

[Caspar]

Re: CCA Requests - any point?

VERY helpful indeed - thank you!

[basa48]

Re: CCA Requests - any point?

..............CPUTR 2008. I forget which bit it is for now.... but it's in my files somewhere....

:-)

The Consumer Protection from Unfair Trading Regulations 2008, Regulation 5, which states that a commercial practice is a misleading action if it contains false information in relation to the main characteristics of the product (amongst other matters) and is likely therefore to cause the average consumer to take a transactional decision he would not have taken otherwise. The product in question is the credit agreement and the main characteristics include the ‘execution of the product’ [Regulation 5(5)(d)].

[Caspar]

Re: CCA Requests - any point?

Schedule One raises some interesting points too, especially nos. 12, 13, 22, 25 and 26.

[Angry Cat]

Re: CCA Requests - any point?

One is perfectly entitled to make a request for information under section(s) 77, 78 & 79 of the CCA.

[Shepherdess]

Re: CCA Requests - any point?

Absolutely AC!
Including reference to CPUTR 2008 does send them into a bit of a nosedive, as there's no precident such as Carey for them to use smoke and mirrors with and they seem very defensive and reluctant to face the challenge (as yet).
Here's a good response to a CCA request, from OTR. In this case it wasn't necessary to send a follow on letter asking for a direct answer, as they took onboard the CPUTR ref in the CCA request:

http://www.consumeractiongroup.co.uk...=1#post3261733

Shepherdess

[Chalkitup]

Re: CCA Requests - any point?

Absolutely AC!
Including reference to CPUTR 2008 does send them into a bit of a nosedive, as there's no precident such as Carey for them to use smoke and mirrors with and they seem very defensive and reluctant to face the challenge (as yet).
Here's a good response to a CCA request, from OTR. In this case it wasn't necessary to send a follow on letter asking for a direct answer, as they took onboard the CPUTR ref in the CCA request:

http://www.consumeractiongroup.co.uk...=1#post3261733

Shepherdess

Hi,

I received near enough exactly the same reply in Dec 2010 from Apex in response to a complaints letter I sent them regarding the same OC (Lloyds).

Waiting for Lloyds to farm the account out again to another DCA and so the game goes on and on ....

[Duffers Mum]

Re: CCA Requests - any point?

I requested my cca from Sainsburys, they provided an application form which they swore was an executed agreeemnt, they eventually farmed it out to Cabot, who have sent me a reconstructed copy, i've advised I have still to receive the original, they state they have asked for it (Sainburys obviously don't have it else they would have sent it to me in the first place) - all this was last year...Cabot still add interest and the balance is increasing by the month despite my telling them they can't add interest without the original agreement saying they can (if that makes sense). I'm not paying them or communicating with them further until they provide me with the original cca...they just keep preaching Carey to me whenever they have responded to any comments I have made to them.

Pulling my hair out as don't want this balance to keep increasing but what can I do?