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CCA letter template
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# 1
kittycatty
Old 28-01-2008, 1:10 PM
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Exclamation CCA letter template

Hi
Hope this is the correct place to ask.

I have been nosing around on this site tying to find the CCA template letter but I can't seem to locate it.
Has anyone got a copy they could paste please.
Also who do I write to? Is it the original company or the DCA?

Many Thanks in advance. x
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# 2
fermi
Old 28-01-2008, 1:29 PM
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The letter goes to the DCA, who should then obtain the CCA from the original creditor if they don't hold a copy themselves.

There are lots of versions of the CCA letter floating around. This is the version from the National Debtline website.

Quote:
(Your home address)
Date:
To:

Dear Sir/Madam

Account/Ref No:

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/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of 1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we 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/we look forward to hearing from you.

Yours faithfully



Your name.
Print you name rather than use your normal signature, since some DCA's have been known to scan it so they can mock up a fake CCA.

For the same reason, the statutory fee of 1 should be a postal order.
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# 3
kittycatty
Old 28-01-2008, 1:35 PM
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Cool
Thank You.
X
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# 4
stapeley
Old 28-01-2008, 1:45 PM
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I would also ask for a deed of Assignment . Some companies sell bad debts others just get DCA,S to act for them . Look at ( Lets all ask for our cca ) there is a few template letters in there .
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# 5
fermi
Old 28-01-2008, 1:51 PM
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Quote:
Originally Posted by stapeley View Post
I would also ask for a deed of Assignment .
Can you tell me where in the CCA74 or subsequent regulations you are entitled to request this?

The CCA74 itself simply states:

"shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it"

when it lays out the documents that can be requested under sections 77/78.

Just curious as to where it mentions "deeds of assignment"?

The debtor should receive a "notice of assignment" when the debt is assigned, but that is a different thing to the "deed".
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Last edited by fermi; 28-01-2008 at 1:55 PM.
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# 6
kittycatty
Old 28-01-2008, 2:22 PM
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Quote:
Originally Posted by stapeley View Post
I would also ask for a deed of Assignment . Some companies sell bad debts others just get DCA,S to act for them . Look at ( Lets all ask for our cca ) there is a few template letters in there .
Sorry but what is this?

Being a bit dense today.
Thanks
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# 7
stapeley
Old 28-01-2008, 2:25 PM
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Its the same thing . Can just be a letter from OC saying its been sold to the DCA . GOOD LUCK
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# 8
fermi
Old 28-01-2008, 2:28 PM
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Quote:
Originally Posted by kittycatty View Post
Sorry but what is this?

Being a bit dense today.
You're not being dense, it's not the most obvious thing in the world.

Sometimes a DCA is acting on behalf of the original creditor. Technically acting as their agent. That means that the debt and it's associated rights are still owned by the original creditor.

Sometimes the debt will be bought by the DCA. Legally it is said to have been "assigned". The legal document/contract between the original creditor and the DCA is the "deed of assignment".

When a debt is "assigned" (or sold) you should receive a "notice of assignment" informing you of this. Not the same as the deed.

Quote:
Originally Posted by stapeley View Post
Its the same thing . Can just be a letter from OC saying its been sold to the DCA . GOOD LUCK
No. I believe that is a "notice" not the "deed".

Can you answer my original question stapely?
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# 9
stapeley
Old 28-01-2008, 2:29 PM
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I,LL bump up my POST spend an hour reading it . Could be well worth it
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# 10
kittycatty
Old 28-01-2008, 2:36 PM
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Ah ok Ta
Si if Littlewoods pass a debt to NDR should I have been notified of this?
Also when I spoke to NDR they said they were passing it on to another DCA and there was nothing I could do about this.
This seems weird as I have been paying them each month. I submitted an income sheet to show my loss of earnings and they refused it but I only found this out when I phoned, they said they never reply it's up to me to contact them.
SO as a result they are passing it off but wont tell me when and to whom, so should I still sent them the letter requesting the CCA or wait till it's passed off again?

Thanks
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# 11
fermi
Old 28-01-2008, 2:46 PM
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Quote:
Originally Posted by kittycatty View Post
Ah ok Ta
Si if Littlewoods pass a debt to NDR should I have been notified of this?
Depends whether the debt has been bought by NDR or they were just acting on behalf of Littlewoods.

Quote:
Originally Posted by kittycatty View Post
Also when I spoke to NDR they said they were passing it on to another DCA and there was nothing I could do about this.
This seems weird as I have been paying them each month. I submitted an income sheet to show my loss of earnings and they refused it but I only found this out when I phoned, they said they never reply it's up to me to contact them.
SO as a result they are passing it off but wont tell me when and to whom, so should I still sent them the letter requesting the CCA or wait till it's passed off again?
DCA's play parse the parcel with debts quite a lot. Especially if either the DCA isn't making enough cash from it, or the original creditor isn't happy with the returns they are getting.

If you know it's been passed on then it might be worth waiting until the new DCA contacts you and CCA them. :confused: But who knows how long that will take.
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# 12
kittycatty
Old 28-01-2008, 2:53 PM
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They also threatened court action, I told them to go ahead as I was paying as much as I could afford.
It's just there attitude that bothers me.

Sorry just ranting now.

Thanks for the help am reading Stapeley's thread now.
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# 13
kittycatty
Old 19-02-2008, 2:27 PM
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Can I ask what happens if you don't receive the CCA within the time stated?
Do you have to report it to someone?

Ta
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# 14
RAS
Old 19-02-2008, 2:35 PM
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Once 12+2+30 days are up send this letter (courtesy weller)

No Terms and Conditions- no APR = no CCA

Suggest you send this letter

Formal Complaint
Letter Before Action

Dear Sir/Madam,

I do not acknowledge any debt to your company.

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your purusal and ease of reference.
You have failed to comply with request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

I am of the opinon that the document you sent does not meet further pescribed terms as set out in the Act, eg:

Consumer Credit (Cancellation Notices and Copies of Documents)
Regulations 1983 (SI 1983/1557

2 Legibility of notices and copy documents and wording of prescribed Forms


(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily
distinguishable from the [background medium upon which the information is displayed].

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed
agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act
without any alteration or addition, except that--
(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed
by these Regulations; and
(b) every Form shall be completed in accordance with any footnote.

Further more I am also of the opinion that the copy of the agreement does not comply with the conditions set out by the Consumer Credit Act 1974 s.61.(1) which states that an agreement must contain certain prescribed terms, the Consumer Credit Act ( Agreements) Regulations 1983 s.6 sets out how these terms should be contained with in one single document and if not, is not enforceable by the court Consumer credit Act 1974 s.127(3) , recent case law Wilson V Hurstanger Neutral Citation Number: [2007] EWCA Civ 299.

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

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 compliant credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully


And report them to trading Standards in the area where they are located. You might want to copy the letter to the DCA.
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# 15
fermi
Old 19-02-2008, 2:43 PM
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Erm............RAS....?

That letter is for when they send you an agreement, but it does not include the prescribed terms under the CCA for that type of credit.:confused:
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# 16
stapeley
Old 19-02-2008, 2:46 PM
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Yes you can report them but not sure what good it does ! Maybe if enough people report them they will lose their licence . If it ever went to court ,it would look bad on them . There is a template letter floating around requesting them to delete all your details from their records , if they do not come up with the required CCA .
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# 17
fermi
Old 19-02-2008, 2:55 PM
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I think this letter from weller is more appropriate if they simply fail to respond by the 12 +2 +30 day mark.

Quote:
Re: my request under s77/78 of the Consumer Credit Act 1974.

My request for a copy of my properly executed Consumer Credit Agreement remains outstanding.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into a disputed status.

My request remains outstanding.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and subsequently committed a criminal offence on **MONTH DATE**.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully
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# 18
kittycatty
Old 19-02-2008, 3:03 PM
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Hi
Thanks for the replies.

Can I just ask what is 12+2+30 ?
Is the the initial 12 working days plus an additional 32 working day?

Ta
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# 19
kittycatty
Old 19-02-2008, 3:04 PM
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Ah don't worry just re-read the letter, I think I understand now.

Ta
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# 20
RAS
Old 19-02-2008, 3:10 PM
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sORRY GUYS

lOSING IT.
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