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Cca Requests Updates Please
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Dont know but i think its time to take this to TS and OFT etc, between this and other letters ive had i think they will have to act on it now by the number of breaches.
Trouble is sitting down and listing them all for the report is going to be a loooooong job:rolleyes:Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….0 -
Long?? But possibly enjoyable!!!0
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sorry to paint some doom and gloom, creditors do not need to provide a signed copy of the credit agreement under cca section 77-79 requests, they are obligated to provide a true copy, upon which signatures are not required, creditors in this instance would support any county court claim with a statement of account, unlikely to persue if no stat of account
section 77-79 requests, and non compliance has recently been thrown on its head after a recent high court ruling in birmingham, rankin v american express whereby the judge stated that non compliance with section 77-79 does not stop a claim in its tracks, he feels (misguidedly) that a money claim is not enforcement
care should be exercised when challenging debts on this basis, if creditor is adament and has further supporting evidence, they will likely try to enforce, particularly if they hope to target assets
sometimes this approach works, but not an iron clad guarantee of no enforcement
afsystem install feb 2015......3.78kw
sma sunnyboy 4000tl......14 x trina 270w mono....2 strings.........geo monitor.....location...liverpool0 -
The 12+2+30 days letter mentions DCA all over the place and also uses phrases like "collect the account". I was wondering if the there was asimilar 12+2+30 letter when dealing with the OC.0
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The 12+2+30 days letter mentions DCA all over the place and also uses phrases like "collect the account". I was wondering if the there was asimilar 12+2+30 letter when dealing with the OC.sorry to paint some doom and gloom, creditors do not need to provide a signed copy of the credit agreement under cca section 77-79 requests, they are obligated to provide a true copy, upon which signatures are not required, creditors in this instance would support any county court claim with a statement of account, unlikely to persue if no stat of account
section 77-79 requests, and non compliance has recently been thrown on its head after a recent high court ruling in birmingham, rankin v american express whereby the judge stated that non compliance with section 77-79 does not stop a claim in its tracks, he feels (misguidedly) that a money claim is not enforcement
care should be exercised when challenging debts on this basis, if creditor is adament and has further supporting evidence, they will likely try to enforce, particularly if they hope to target assets
sometimes this approach works, but not an iron clad guarantee of no enforcement
af
Not quite that black and white according to the descusion going on here
http://www.consumeractiongroup.co.uk/forum/legal-issues/147432-high-court-judgement-rankines.htmlThats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….0 -
creditors in this instance would support any county court claim with a statement of account, unlikely to persue if no stat of account
The court can and should require the creditor to supply a copy of the signed agreement if the claim goes to court.
For agreements made prior to 6th April 2007 the court should not make an enforcement order unless it can be shown that a signed agreement containing all the 'prescribed terms' exists.section 77-79 requests, and non compliance has recently been thrown on its head after a recent high court ruling in birmingham, rankin v american express whereby the judge stated that non compliance with section 77-79 does not stop a claim in its tracks, he feels (misguidedly) that a money claim is not enforcement
The Rankine judgement is widely regarded to be an extremely bad example of case law, made at a regional court, by a judge who was trying hard to rule against claimants who he felt were taking the p*ss. Furthermore it looks like it is not binding on any lower/other courts.
The previous rulings by the High Court/Court of Appeal and the House of Lords are the ones that carry weight in these circumstances.
Caution is always advisable if you wish to challenge these things in court though. Normally requires that you persevere in making sure that the court/judge is fully aware of the law, since you can't just assume that they are.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 -
i have now received a letter from littlewoods saying they have not got a cca for me , the account was opened in 2002 and over the past 12 months £70 has been paid ... so that is now kays and littlewoods saying they have no cca...what do i do ?
iqor debt recovery for littlewoods £832.73..
kays lifestyle £624.60..
vanquis visa card £503.28..
grattan £200.09..
:T dfw#4590 -
that in theory is good news but not the end, they have admitted they have no valid agreemant so will now argue goods where supplied and need paying for.
They have no re course in law to enforce that unless they can prove that 1) you did Order and recieve said goods AND under what terms.
As they have no agreemant they fail on that, and probebly will fail on proving the first too if not totaly at least partialy.
So you dont need to do anything Its more a case of what you want to do?
Are you willing to negotiate on what you may actually owe for goods purchased?
Having said that i doubt either will just let it go at that so the above will more than likely be irrelavent so you could send something like thisxxxxxxxxx and your clients are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.
If that request is not satisfied after a further 30 calendar days xxxxxxxxxxx and
Your clients, xxxxxxxxx commit a summary criminal offence.
You and your clients are aware these limits have expired.
As you and your clients are no doubt aware section 77(6) states:
If the creditor fails to comply with Subsection (1)
He is not entitled , while the default continues, to enforce the agreement.
As you and your clients have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, and have failed to send a full statement of the account, in fact failed to provide any of the documentation requested.
Therefore these accounts have become unenforceable at law.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Furthermore I shall counterclaim that any such action constitutes unlawful harassment.
Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.
This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.
Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.
It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.
Please note the claim ‘because goods where supplied which have not been paid for’ is not a valid reason, nor provable without FULL COMPLIANCE to a CCA request
Should you not respond within 14 days I expect that this means you agree to remove all such data.
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.
* You and your clients may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You and your clients may not add further interest or any charges to the account.
* You and your clients may not pass the account to a third party.
* You and your clients may not register any information in respect of the account with any credit reference agency.
* You and your clients may not issue a default notice related to the account.
It was written for a DCA so will need amending to suit and is from a template on CAG so all credit to the origanal writer not me, i just added a few bits:D
You will need to alter it as to whether they have used the Goods ordered argument yet as well but its a start for youThats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….0 -
Update . Clap quest when asked for a CCA , returned account to OC , that was 8 months ago . They had all the correct details . Now another company are ringing me .They have not got the correct contact details . I,ve told them account is in dispute due to non compliance with my CCA REQUEST . I will not discuss any further with them . When and if they write to me I will supply copies of orginal request and my default notice to C Q .0
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Hello all,
I have been lurking on this thread for a few weeks so thought I'd jump in. I sent the first CCA letter to the three DCAs handling my debts a week ago and am now waiting for the 12 days to elapse before sending the next one. I have had receipt letters from two but all three were received (I sent them recorded delivery).
My question is this: Has anyone actually received the documentation they have asked for? It seems that all the DCAs do is send more threatening letters with more confusing language.
My Dad worked in the credit industry so he has been giving me lots of juicy info including how quickly the OC will write off the debt and sell it on. And given that all of my debts went to DCAs within around 3 months of me defaulting this seems to have happened.
After dealing with these idiots for over two years I'm not scared of them anymore. They've failed to show that they a)have a proper grasp of the law and b)carry out any of their threats. Therefore I am stopping all payments to them, if they want to take me to ocurt they'll jolly well have to provide the correct information!
Thanks for letting me rant - I'll let you know how I get on!0
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