Would you accept?

ricky_balboa · 25 January 2010 at 9:08PM

Thanks for all the replies ive had so far,

I have now sent a CCA request off (25/1) , but have a couple more questions.

What part of a court process means you have a CCJ on your credit record, the letter from a creditor?

I have read that some CCA's havent been returned as KPR is only a PO BOX number, has anyone sent them to Nationwide aswell?

bigegg7583 · 29 January 2010 at 2:30PM

The CCJ is a "county court judgement" and is entered on your credit reference file after (IF!) the judge finds against you, AND makes an order for you to pay the creditor AND you don't don't pay within 7 (14?) days.
If you win, OR
if the judge says you don't have anything to pay (which is probably the same as winning, but not neccessarily) OR
you lose, but pay immediately (7? days)
You DON'T get a CCJ on your file.

ricky_balboa · 29 January 2010 at 3:30PM

I received a letter from Nationwide in reply to my CCA request, which i actually sent to KPR (in-house DCA).

The letter from Lending control operations support, says that the postal order is returned as the payee is incorrect.It says cheques should be made payable to Nationwide building society.

I messed up by sending a postal order for £1 and made the payee to KPR; i guess i shouldve just left it blank.:(

What can i do with the returned postal order?

Do i send a new postal order addressed to Nationwide or KPR and should i write in a payee or leave blank?

Many thanks for anyones advice

Ricky

zondervan_2 · 29 January 2010 at 10:14PM

I would ask someone at your local post office what can be done in respect of the returned postal order.

When you have to send another one I would assume it ought to name Nationwide as the payee.

ricky_balboa · 15 February 2010 at 8:36PM

I have now received two letters back, one from Nationwide and one from KPR (the DCA side of Nationwide).

The Nationwide letter says

Thanks for the letter requesting info under the CCA 1974.
Unfortunately we are unable to action your request as written authoirty you have supplied has not been signed, therefore i am unable to send you a copy of the CCA.
If you have any further queries or concerns feel free to contact me.

I have read about this happening on CAG website, what do i send now, do you think that this is could be a suggestion that they dont have it?

The KPR letter says that they are going to start a CCJ in the next ten days if i dont reply with an acceptable offer.

All advice is gratefully received, thanks

Ricky

leanne82duke · 15 February 2010 at 8:53PM

another of NIDs awesome letters regarding signatures x

Dear Sirs,

Account No: XXXXXXXX

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring my signed authorisation.

I'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature. If it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you. However, I note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. As such, I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully

Sign digitally

ricky_balboa · 15 February 2010 at 8:57PM

Thanks for the info,
I also found that letter template after i had posted just earlier, what happens if they ignore the letter, or say they still need a signature, or is it usually then accepted.
How many chances do they have before i send a letter saying they have failed with the CCA request,

thanks

leanne82duke · 15 February 2010 at 8:57PM

p.s your postal order- as long as you have the reciept you can get a refund but you lose the handling fee x i am not sure how it stands if you just want to change the name on it x

ricky_balboa · 15 February 2010 at 9:06PM

I got a refund on the postal order minus the 50p fee.

When they sent this last letter, they havent returned the postal order this time, do i send the (dont need a signature) letter without another postal order, as they still have one?

leanne82duke · 15 February 2010 at 9:06PM

i would say that it would still be 12+2 days from the date of your original letter, as you do not actually need to provide a signature as the letter says,

so i would stay with the original date that you expected to receive a response on and then send the next letter "reminder to cca request"

if i am wrong i am sure some one will correct me x
i'm def not an expert just trying to help x

Would you accept?

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