Is it worth it? CCA Help please...

[DannysDebtBeDamned!]

:-)Hello to everyone on the forum, and espescially those giving help.

 

I have a two fold query:

 

I have 3 credit cards (all taken out circa 2005) with Halifax, Barclays, BOS all on fixed rates for the life of the balance (around 5% so decent rates compared with the normal 16ish%).

 

I have requested CCA's with all of them and received obviously unenforecable photocopies of the terms and conditions, and nothing else.

 

My questions are:

 

(1) On the Halfix/BOS cards letters (the ones sent with the copies of term and conditions) it states:

 

"Please note that the information we have provided you with is all the information we are rquired to provide you with Under Section 78 of the Consumer Credit Act. Please note that we are not required to provide a copy of the original signed agreement under Section 78 of the Consumer Credit Act."

 

Can they do this or are they just trying it on???

 

 

(2) If I stop payment after sending another letter telling them they the debts are unenforceable, and they come up with the agreements says 3 months down the line (and the agreements are correct), I'll have to start paying the debt again....will they hold the current rates I'm on (5% as oppossed to the normal 16%).

 

If the rates went up to 16% then they would be crippling!

 

 

Any DEFINITIVE advice from those in the know would be very gratefully received. I have already donated £ to the site, as I strongly believe it needs to be kept running. Debt ruins lives! Thanks in advance.

[alfwithhair]

:-)Hello to everyone on the forum, and espescially those giving help.

 

I have a two fold query:

 

I have 3 credit cards (all taken out circa 2005) with Halifax, Barclays, BOS all on fixed rates for the life of the balance (around 5% so decent rates compared with the normal 16ish%).

 

I have requested CCA's with all of them and received obviously unenforecable photocopies of the terms and conditions, and nothing else.

 

My questions are:

 

(1) On the Halfix/BOS cards letters (the ones sent with the copies of term and conditions) it states:

 

"Please note that the information we have provided you with is all the information we are rquired to provide you with Under Section 78 of the Consumer Credit Act. Please note that we are not required to provide a copy of the original signed agreement under Section 78 of the Consumer Credit Act."

 

Can they do this or are they just trying it on???

 

They well have provided the information required by the act by sending the terms and conditions, this is the standard reply from most creditors, but that doesn't mean that the debt is unenforceable. Just because they don't send a signed agreement, doesn't mean they don't have it.

 

 

(2) If I stop payment after sending another letter telling them they the debts are unenforceable, and they come up with the agreements says 3 months down the line (and the agreements are correct), I'll have to start paying the debt again....will they hold the current rates I'm on (5% as oppossed to the normal 16%).

 

If the agreement turned up anywhere down the line they would be able to enforce it providing it contained the correct prescribed factors.

The balance transfer rate of interest would form part of the agreement and as you had broken it by not paying the interest rate would revert back to the standard rate charged. This is common on nearly all promotional balance transfer rates.

 

If the rates went up to 16% then they would be crippling!

 

 

Any DEFINITIVE advice from those in the know would be very gratefully received. I have already donated £ to the site, as I strongly believe it needs to be kept running. Debt ruins lives! Thanks in advance.

 

>>>>>

[DannysDebtBeDamned!]

Thanks for that reply....but it has left me a little confused, and feeling unable to proceed.

 

(1) How then do I get a 'true' copy of MY agreeement, if they do not have to send it! Indeed how is any of this possible if I cannot check it for enforecability?

 

(2) If they are in default (are they, as I have asked for a true copy of my agreeement and they have not sent it?) then can they still knock my promotional rates on the head if they do find the agreement eventually?

 

How would any of the more experienced members proceed with this please?

 

Regards

[DannysDebtBeDamned!]

sorry ALFWITHHAIR didn't mean to imply you weren't experienced with my last statement, that came out wrongly! actually meant could anyone give me a legal view rather than a speculative one.

 

regards Dan

[alfwithhair]

You could try this avenue

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[DannysDebtBeDamned!]

Crikey!!! As a newbie to all this, that is a little daunting...does everyone have to go through this?

[Worried6]

Hi

Like you I am a newbie and now wondering whether I should have been more co-operative with MBNA. I have gone down the CCA route and received what looked like a mock up agreement in return.

Between 29th December when they responded to my CCA Request and 21st January I have received a steady stream of letters all getting stronger in the threat language.

After reading a number of threads and posting myself I decided to send a SAR request but I extended the letter to refer specifically to their threats of using Collection Agents, Doorstep Visits and Court. I also stated that I did not accept that they have complied with my request and asked for a true copy of the CCA in it's original form under Civil Procedure Rules. This costs £10 and they have 40 days to respond so it is very early days.

However this does not exactly place the account in dispute so they can continue chasing me I think!

It will be good to hear from anyone else who is further along in this process than either of us.

W6

[cerberusalert]

Crikey!!! As a newbie to all this, that is a little daunting...does everyone have to go through this?

 

Some creditors/DCAs are easy to deal with whilst others tend to dig their heels in sometimes & it can make things seem a bit daunting at first. But the longer you're a member and the more threads you read you'll realise that you can/will gain control over the situation.

 

There are tried and tested methods of dealing with them & if you heed the advice given you'll be able to see the light at the end of what appears now to be a very long tunnel, and you'll have a few laughs along the way too.

[DannysDebtBeDamned!]

Thanks Cerberusalert. Unfortunately I am no closer to a solution.

 

What letter can I send that will get the Credit card companies in question, To send me a copy of my signed or unsigned original agreement if they have it?

 

I read a whole load of posts about court action, compliance, etc but now my head is spinning. I'm a total newbie at this and also work long hours trying to pay off these bedbts - which limits my computer time. Trying to pick the bones out of what is true, and specualtion on here is not easy for someone who does not have lots of time or a legal aptitude.

 

Regards, and thanks.

[Viscount Stair]

It may be common practice for a missed or late payment to result in the loss of a balance transfer rate. That does not necessarily make it lawful or enforceable.

 

It may in itself be a penalty provision and/or contrary to UTCCR and it is also relevant to the question of "double recovery" in relation to late fees.

[havinastella]

Danny, you could try the sar route.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/118145-subject-access-request-ppi.html

 

Use that one

 

Jogs