No credit agreement

lotty41

What does 12+2+30 mean with regards to CCA's.

shinyhead

Hi Lotty and congrats on your success!

12+2+30 refers to something that is generally believed to be out of date. If a creditor/DCA had not supplied an agreement in that time then it used to be classed as a criminal offence. It got rescinded a while ago.

There should be one somewhere and I'll go and have arummage and post back.

Do you need a letter for a CCA request? Or a letter telling them their time is up?

Sorry-unable to post a link at the mo but there is a template letter for requesting a CCA in the Nat Debtline site in their sample letters section.

GeorgeUK

If you haven't sent a CCA request to them, the template is here.
http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

lotty41

Thankyou for the template letter. The postal order that I enclose, do I make it payable to DCA or do I leave it blank?:rolleyes:

lotty41

Shinyhead, are you saying that the 12+2+30 does not apply now and is now not a criminal offense if CCA is not supplied in that time?

lotty41

Hi everyone, hope I have posted this in the right place.
You may remember my victory in court with HFO, thought I had heard the last from them.
Well I have received a letter from them saying that I have missed a payment on the 26/12/08 and that if I do not forward payment (9.75), then they will take further action.
My payments to them are made of the 9th of every month, of course the first thing I did was to check that payment was sent to them and it had, its paid by standing order.
This is exactly what they said last time and when we were in court, bank statements were produced and the judge saw that I have never missed a payment. About 4 months ago I sent HFO the standard letter requesting a copy of the CCA which I know they cannot produce, I did not receive a reply.
Surely the fact that the Judge has just told me to carry on paying the 9.75 when we were in court last and also told HFO that they are wasting court time bringing this to court, this is now boarding on harassment!! I have not yet replied to the threatening letter
Any advice please.
Thanks Lotty

stapeley

hi LOTTY, concentrate on the CCA request . There is a set procedure to follow . If you are not sent a CCA within that time limit , send off the default letter .While in dispute they are not allowed to add interests or take steps to enforce the alledged debt . The final letter you send tells them to delete all records from their files and not to forward the account to a third party .

lotty41

Thanks for your reply. So do I send the default letter now, I have only requested the CCA once. Can you tell me where to find template of default letter please.

stapeley

All letters you need are contained in my thread CCA REQUEST RESULTS PLEASE .

barafear799

sorry to hijack this post - but I have a very similar issue (not yet been to court) - I was paying HFO a monthly amount - this stopped about 10 months ago (my DD bounced, my bank charged me an extortionate amt, and I asked HFO if I could pay by a different method - they took 7 months to reply to my letter - and even then it was a phone call demanding I pay by DD or debit card - I refused to agree to any payment over the phone - asked them to send me a letter - they never did - nothing from them for about 3 weeks, then another call - during this second call, they informed me that my balance was £xxxx - this amount was £1400 higher than 10 months ago (when my final DD payment to them was made!!) - this equated to FAR FAR higher than the 12% pa interest they claim had been added to the account because of my "refusal to pay".

Anyway - fast forward - got a letter from their solicitors - Turner (??) rutherfords - this was a 7 day warning of court action - on the day the letter came, the solicitors also phoned me - I was out - they phoned the next day - I was out - and they phoned again - I was out - 4th time they phoned (on the 5th day after the letter came) I was in - I informed them that I required proof of the debt - they told me it was too late for that etc.etc. -


Anyway - I prepared a CCA request - sent it to the solicitors (they said that my file had now been passed to them from HFO) - included a postal order for £1 to cover the cost -

and hey presto I got a reply!!!!! From HFO!!! By Post!!!

Miracles of miracles of miracles!!!

But no CCA

Nope a letter telling me that if I wanted a CCA I personally would need to write to the credit card company (from which HFO bought the debt!!!! And for which HFO have sent me two letters of assignment!!!) and include a fee of £10!!!!!


Now I am fairly sure this is NOT correct - but just needed clarification of where I stand - what happens if they still proceed with court action???


Any help much appreciated!!! Thanks!!!