a&l no reply to cca

[kell4040]

hello i sent a&l a letter saying i would like my cca i sent letter r.d also sent the £1.00 fee.

i got a letter this morning saying they will accept our temp payments until august nothing was said about our cca request the letter says

this arrangement has been granted without prejudice to our rights under the terms of the agreement which will remain in full force. as the account will be in arrears, this will reflected in your recourds with the credit reference agencies.

i dont no what to do now

[cerberusalert]

When the 12 working days are up from them receiving your CCA request send them this recorded delivery; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[kell4040]

they got the letter on the 14th may

[sam614]

times up,let them know.

send template that cerberusalert has given

SAM:pLOWELL DETESTER

[cerberusalert]

You can send the letter above now then.

[kell4040]

thankyou i will do that tomorrow

[kell4040]

"]http://[/url]"]http://[/url]"]"]"]http://[/url][/url][/url]"]http://[/url]"]http://[/url] Edited July 1, 2009 by kell4040
reload

[kell4040]

sorry the last letter i got later on a&l sent me this when i asked for the agreement does it look ok thanks

[cerberusalert]

Can you reload the links?

[kell4040]

hello i have 2 loans with a&L i sent off budget sheet and let them no what i could afford at moment since lose my job i then sent them both a cca request i got one back but not the other i sent reminder about the 12 plus 2 day deadline and told them they had a further 30 to reply and still nothing what do i do now these loans are just over 2 years old and were apply through the post

[kell4040]

hi i am trying to reload but this is what i keep on getting what am i doing wrong thanks

[cerberusalert]

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting 7 then copy & paste the URLS back here it should work o.k.

[Andy01]

Sorry to intrupt CB can you look at "Andy01 V Rbs1997" please

[kell4040]

 

this is one i got from mbna virgin credit cards i have sent cca request to virgin,barclay,mbna,and A&l all but barclay and a&l sent something back all others have made no reply

 

[kell4040]

hello i got two letters off a&l this morning one letters date is 15th of july and is a notice of sums in arrears

the other dated 16th july says that a default notice will be issued in 28 days time

there is no mention of all the letters that i have sent cca request 5th may with £1.00 p.o

then a default notice on the 10th june the last letter was part pre action protocols 31.16

what do i do now help i am getting very worried why dont they just send me the cca that i have asked for

[cerberusalert]

Can you scan the default notice, remove identifying details and post it up?

 

As for them failing to provide the CCA, make a complaint to Trading Standards through Consumer Direct Consumer Direct - Contact us and to the OFT via debtcollectionguidance@oft.gsi.gov.uk

[kell4040]

thanks my pc wont let me do scan at moment i will try later i will get on phone now thanks

[kell4040]

hello please could someone look at what i got in the post from a loan that was taken out

 

dear

 

acc number

ballance

arrears

 

we are writing to advice you of our intention to register your account as being in default of the original terms of the loan agreement.

 

notice of default will be issued in 28 days time. should the corrective action not be taken, we have the right to register the notice of default with the credit reference agencies and this will seriously affect your ability to obtain credit in the future.

 

please telephone

 

an administration charge of £25.00 will be applied to your account. this amount, if not paid sooner, will be payable of the outstanding balance when you settle your loan.

 

 

i have been defaulted with the credit ref agencies a couple of weeks ago for another loan that i had they never sent me a default notice or anything were do i stand the loans were taken out in may of 2007 i did cca and everything seems ok with them please could someone have look and give me some advice please thanks

[silverfox1961]

Hi,

This sounds like a notice of default as opposed to a default notice (subtle difference)

 

Aside from it being another money making scheme, they are giving you the opportunity to bring your account up to date before they issue you with a formal default notice.

 

hope that helps

 

fox

[kell4040]

thanks can they put a default notice with credit ref agencies without sending me a default letter they have defaulted me but never got a letter saying that

[kell4040]

can anyone help me on this please

[kell4040]

....

Edited March 5, 2010 by kell4040
wording not right

[cerberusalert]

They have sent you a defective DN, they have not allowed for postal service which is assumed by the court to be four days so the notice is 4 days short. Because they've terminated the a/c it is 'unlawful rescission of contract' so legally all they can claim are the arrears.

 

You could tell them to read the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, and that a failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) - but would also give the claimant (you) a claim for damages in the sum of £1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119).

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

[kell4040]

thankyou do i need to send letter accepting the termination of the agreement or will me just cancel standing order just do

[cerberusalert]

Yes you can send the letter, but prepared for a bit of a fight with them.