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CCA request

Last post Wed, Aug 18 2010, 2:08 PM by huckster. 3 replies.
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  •  Wed, Aug 18 2010, 2:08 PM

    Re: CCA request

    My understanding is that it is very difficult to do anything with agreements taken out online. You would have been given all the information to read and your electronic signature (click on this box if you wish to be bound by the t&c's) would be just as good as your normal signature on a document. With online applications there is a fully documented process, so could be easier to take to court if it got that far.

    What I think you could do, is send the SAR to obtain all the information and then look to pursue a complaint. Perhaps you could take this to the FOS, if there is reason to do this.

    • Post Points: 5
  •  Wed, Aug 18 2010, 1:55 PM

    Re: CCA request

    Thanks for your response Huckster - the main agreement I want to check (MBNA) was taken out in 2006 but I'm pretty certain that I took it out online (not 100% sure) - if it was taken out online is it not worth me going down the SAR/CCA route?

    Thanks.

    • Post Points: 20
  •  Wed, Aug 18 2010, 12:39 PM

    Re: CCA request

    Hi

    Yes it is quite complicated. It depends on when you took out the agreements, how you took out the agreements and where you are with the debts. This thread is worth reading.

    http://www.moneysupermarket.com/community/forums/t/challenging-credit-agreements-42067.aspx

    If the agreements are pre April 2007 and not taken out online, then there is a chance of the agreements not being enforced in court. But you would have to do your research first to see what documents your creditors had, before you decided to start combat with them. You will have read that there are some people that send a CCA request letter and then after a set period, put their debts in dispute, stopping the payments. This is a bit daft as to get around this the creditors can send you a reconsituted version of the agreement. As soon as they provide this, the account is no longer in dispute and payments have to recommence. Then there is the issue of the creditors reporting adverse details to credit reference agencies, which they are allowed to do.

    So the advice I would give is to send an SAR under Data protection to each organisation, asking for all the relevant information and then to spend time going through it all with a fine tooth comb. BUT keep up the repayments, until you are able to make a case to help negotiations. It is worth looking into any PPI cover to see if you can reclaim any payments.

    This is the letter to send to each company (original creditor). Send to their head office, addressed to Data Protection officer/Compliance Manager

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    Dear Sir/Madam

    ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

    Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

    1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
    2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
    3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
    4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
    5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
    6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
    7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
    8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
    9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
    10. Copies of statements for the entire duration of the credit agreement.

    I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
    If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

    Yours faithfully,


    print but don't sign your name

    • Post Points: 20
  •  Wed, Aug 18 2010, 12:00 PM

    CCA request

    I am currently struggling with about £45,000 worth of debt. I have: -

    £11,000 loan (monthly payment £490 – 2 years to go),

    £1,800 loan (£78)

    £4,000 Overdraft (£60)

    £14,000 MBNA credit card (minimum payment approx £375),

    £7,000 Credit card 2 (£170)

    £7,000 Credit card 3(£160)

    The £11,000 loan and overdraft are with the same bank and I am currently looking into a consolidation loan to extend the term and reduce the monthly payments (I appreciate this will mean that I end up paying more)

    The main problem I have is meeting my monthly payments (currently £1,333/month) and I have been looking to reduce this – however MBNA have been no help at all.

    I have spoken to Payplan who have suggested a DMP – however I’m trying to do all I can to avoid ruining my credit report for the next 11 years (5 years in DMP + further 6 years on credit report) especially as am due to receive an inheritance of approx £40k within the next 12 months when I can address all these debts.

    I am thinking about asking for my CCA from MBNA to check its enforceability – if it’s not I will be in a better position to discuss more sensible terms with them – they increased my APR from 16.9% to 35.9% for no reason whatsoever (other than to make them more money – i.e. I have never missed a payment and have never gone over my credit limit.)

    I have seen a lot of advice on here about requesting CCAs but there’s so much of it I can’t take it all in – can someone please let me know the best way to go about it – i.e. do I request CCA or SAR?

    Any advice much appreciated.

    Thanks…

    • Post Points: 20