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advice please
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madmicky109
Posts: 11 Forumite
Hi guys i sent a CCA leter to lewis debt recovery 12+2 days ago and heard nothing back untill today
the letter i sent was this
Dear Sir/Madam
Account/Ref No: XXXXXXXXXXXX
With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.
I understand that under the Consumer Credit Act 1974 [sections 77-79], I am are entitled to receive a copy of any credit agreement and a statement of account on request.
I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.
I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.
I look forward to hearing from you.
Yours faithfully
XXXXXXXXXXXX
I was about tho send this leter tomorrow
Dear Sirs,
Account No:XXXXXXXXXXXX
I refer to my letter delivered on 19/'10/2010 in which I made a formal request under the Consumer credit act 1974 sec 77-79 for true copies of the regulated agreement refered to in the above account number. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account.
To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.
Consequently I am ceasing all payments to your company until such time as this matter is resolved. It is also my intention to report this matter to the appropriate enforcement authority.
I await your prompt response.
Yours faithfully
XXXXXXXXXXX
Then today i recieved this letter from them
i sent the CCA letter because despite making regular payments the debt never went down , im hoping someone can advise me what to do next as they have to supply this info even if ther not the original creditor , right ?? many thanks
the letter i sent was this
Dear Sir/Madam
Account/Ref No: XXXXXXXXXXXX
With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.
I understand that under the Consumer Credit Act 1974 [sections 77-79], I am are entitled to receive a copy of any credit agreement and a statement of account on request.
I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.
I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.
I look forward to hearing from you.
Yours faithfully
XXXXXXXXXXXX
I was about tho send this leter tomorrow
Dear Sirs,
Account No:XXXXXXXXXXXX
I refer to my letter delivered on 19/'10/2010 in which I made a formal request under the Consumer credit act 1974 sec 77-79 for true copies of the regulated agreement refered to in the above account number. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account.
To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.
Consequently I am ceasing all payments to your company until such time as this matter is resolved. It is also my intention to report this matter to the appropriate enforcement authority.
I await your prompt response.
Yours faithfully
XXXXXXXXXXX
Then today i recieved this letter from them
-
Dear Miss xxxxxxx
Re Welcome Finaancial Services
We refer to your recent letter in which you made a request for information under section 77-88 of the comsumer credit act 1974 for your account above
Please be advised we are not the creditor in this matter , the creditor is welcome financial services and we are merely instructed to act on there behalf to recover any outstanding balance due
The statutory obligation to provide this information remains with the creditor and we therefore refund your £1 statutory fee and suggest you submit your request to them directly
We trust this this clarifies our postion
yours sincerly lewis debt recovery
i sent the CCA letter because despite making regular payments the debt never went down , im hoping someone can advise me what to do next as they have to supply this info even if ther not the original creditor , right ?? many thanks
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Comments
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You are right they do still have to supply the info - I would write back and remind them of their obligations - will see if I can locate a template.A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0
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If they are just acting on behalf of Welcome, then they are entitled to refer you to them to obtain the CCA.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
You are right they do still have to supply the info - I would write back and remind them of their obligations
Arguably true, based upon what the legislation says.
But the OFT has given DCAs a sort of 'get out' in: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf
Basically saying that if the DCA is not the owner/creditor, then they can either forward the request or just tell the debtor where to send it themselves.
Personally, I don't think that is reading the law quite right, but DCAs are likely to rely on that now, so perhaps best to make the CCA request direct anyway.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
thanks guys , ill send one direct to welcome0
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