CCA request

[matisse]

Hi!

I have made a request for the full copy of the executed agreement to jd willams. I have sent the statutory fee(£1).

They sent me the true copy of the agreement stating that they are under no obligation to provide copy of the executed agreement.

The £1 that i sent via cheque was credited in my account.

Any suggestions??

Many thanks!

[MrsD]

Re: CCA request

morning Matisse

Niddy will be along at some point and point you in the correct direction. They are right in that they can send a "true" copy of the agreement, meaning they must actually have an agreement to send you a copy of. Is the agreement pre 2007? Have a read at Niddy's UE threads and try not to worry, Williams are a right lot of muppets!!!

[matisse]

Re: CCA request

Hi! I don't remember if the agreement is prior to 2007 or if it was started in 2007...The reason that i have made this request is as follows:

I have made an agreement with them where i will be paying in £50/pcm. They have charged £99 to setup this arrangement. Interest and charges to be stopped. As i get paid monthly and they want payments every 28 days sometimes my payments fall out..

They have started to charge interest and 2x £12 administration fees...

I want copy of whati supposedly i have signed to make sure that they can in fact do what their doing.

I am going to make a 2nd request of the full copy of the agreement using your template and then let us see...

In their letter they invite you to call them if you are in difficulties.. I did rang them and guess what???- They have passed my call to to a debt management company(Kensigton) who charge you for the service!!! Ridiculous!

I will let you know the outcome!

Matisse

[MrsD]

Re: CCA request

They should be wearing a mask!! You need to be certain about when the account started as if it is post 2007, the UE doesn't work as legislation was changed. Do you have no paperwork at all, might be worth having a good look. Did you sign anything for the arrangement? Are you still paying? and how much was the originnal debt?
Sorry for all the questions but the more we know, the better to help.

[matisse]

Re: CCA request

Hi! I do not remember having signed nothing re the account it self. Re the arrangement it was all done by the phone...nothing in writing. The account started in 2007..that i am sure. I will try to find out my their emails confirming my orders...

The original debt was £1500 and i owe £1015 as today. The problem is that £50 that i put in does not even cover their charges. They are charging interest + 2x £12! £12 late payment fee i do understand but £24???

I am going to put this to Trading and Standard as well...let us see!

Many thanks!

[matisse]

Re: CCA request

Found the date that i have opened the account with them:


Tue, 18 September, 2007 21:15:48


Matisse

[MrsD]

Re: CCA request

aah that puts a different complexion on it, UE will not apply. No point in asking for a CCA, cos it won't matter.
What you need to do is sort out a fair and equitable payment plan with them. Ok how is your credit record, have you been defaulted on this one and do you mind if you are, bearing in mind it will make it difficult to obtain credit in the future and that includes things like car credit and a mortgage?
They have a duty as lenders to treat you fairly especially if you are in hardship and they don't appear to be doing that so far.

[matisse]

Re: CCA request

Well,if they cannot provide an agreement signed by me they cannot enforce it via Courts,can they?- I am sure that i have not signed any agreement with them...the account does not show defaulted in my experian report...it says: 1 payment late.

They are being extremely unprofessional and if need it i will be the one to start court action against them..Unfair Relationship could be used in my arguments... What do you think?

[MrsD]

Re: CCA request

I think it would cost a lot of money!! Lots of other ways to go first. If you applied on the net, you very probably ticked a box but as it was after April 2007, it doesn't matter. Extremely unprofessional is the default operating methods of these muppets. Are you in a DMP? do you have other debts? is it worth trashing your record for this one debt if you don't have others. Have a look at the financial ombusman's website, they have a very easy reporting system which you can do by phone, but you have to give them the full story.

[matisse]

Re: CCA request

Hi.

I want to pay but i want to have a proper arrangement in place otherwise they will keep playing around. This is the only debt that i have in arrears. I will get in touch with the FOS then.

Many thanks!

[Never-In-Doubt]

Re: CCA request

Hi,

Unenforceability is only considered for pre 04/07 agreements. The provision of s.127 was repealed after April 2007 so even if they had no agreement, you cannot argue the legibility of the CCA. Basically, for you to take them to court over this would be bonkers - you'd not only lose, you'd end up with a hefty legal bill and be in sooo much more debt that you are right now.

Stick to writing a letter offering £50 per month or you'll cease repayments. Simples.

If it comes to the point of payment cessation you need to be aware they will add derogatory data to the credit ref agencies - is it really worth it for one small debt?

I'd reconsider your options here, and sort a repayment plan via writing!

Read this for examples: ---> viewtopic.php?f=64&t=650