CCA - Confused over what to do next

Tinkles

I would be very grateful for some advice regarding what I should do next...
I have recently been contacted by Fenton Cooper who have been chasing a credit card debt from 2003. I sent off a CCA request in April and heard nothing, despite me sending two more letters chasing them, until last week. I received the CCA but with it is a very sketchy statement - it only refers to one month in 2003 and refers to a balance transfer that I do not remember doing. The statement also states that it was sent to me on 28th July which cannot be true as I didnt receive it until last week.
What should I do next? Why has it taken them 5 months to provide my CCA and should I write to them and request more information?
Thank you

GeorgeUK

You should check that the copy of the CCA has all the prescribed terms. If it doesn't then it may not be enforcable.
http://forums.moneysavingexpert.com/showthread.html?p=6815188&highlight=weller711#post615188

If you do not recall doing the BT, you could send a subject access request (SAR) to the original creditor to see if their records match what is in the statement. I would not ask for the specific account details though as this may be seen as acknowledging the debt - there is a SAR letter that just requests all infromation the company hold on you. If you have alot of accounts with that bank then you could get alot of paper, but i think that would be the safest way of checking.
http://forums.moneysavingexpert.com/showthread.html?t=963087&page=2

Are you in Scotland or England?
A debt can become statute barred after 6 years in England - 5 in Scotland.

Tinkles

Thanks GeorgeUK - I'll try the SAR.
I'm in England - I'm not sure when the last payment was made - the statement they have sent me is two lines form August 2003 - no other details.

Tinkles

Update - today I have received information form the DCA after my SAR. It is a computer print out of all the actions on my account since they took it over in 2006. They have also sent another copy of the totally useless statement, I am still none the wiser with regards to this balance transfer. What should I do next - do I need to sent a SAR to the OC?

Any advice appreciated.

GeorgeUK

I actually meant for you to send the SAR to the original creditor tinkles.

Just wondering though - you sent the SAR to the DCA. Did they send you a notice of assignment and another copy of the CCA? With a SAR, they're supposed to provide all information they hold relating to you and your account.

Did you get a chance to check if the CCA has all the prescribed terms on it?

I would hold off on issuing the SAR to the original creditor until we verify the above.

Tinkles

Oops - sorry GeorgeUK - I misread your OP, should have sent the SAR to Egg! :rolleyes:

In answer to your other questions; I didn't receive a notice of assignment, just the CCA and a computer printout detailing all the activity on the account since they took it on. The CCA has all the prescribed terms, although it is a very shoddy copy - looks like it has been faxed (badly). I still don't have any sort of breakdown detailing how they have reached the figure they have or any further information on this alleged BT that I can't remember doing! Should I send a SAR to the OC?

Tinkles

Sorry - just another thought - should they have sent me copies of all the letters they have sent me - whether I received them or not? as I know that they have sent some to a previous address.

GeorgeUK

It depends what you asked for in the SAR. If you specified an account number and asked for all the information they hold on you relating to that account, they should have sent all financial details as well as documents and correspondence relating to you for that account. If you asked for all information without specifying an account number then you should definately have received copies of everything they have on their system relating to you. It may be that this information is not held on their system, but i think there should definately be a notice of assignment - might need someone else to confirm this though.

There is a template letter here you can send to them regarding an incomplete SAR
http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

The main problem appears to be this BT from 2003 so you definately need to confirm if this was done by you or not to see if the debt is statute barred or not. I think you will need to contact the original creditor requesting all the information they hold on you so that you can get confirmation.

If the CCA has all the prescribed terms and you did make that BT in 2003, then it would appear that this debt is enforcable and requires paying.

Tinkles

Thanks so much.

I originally sent a SAR asking for all the information they have on me so I should have received a notice of assignment and all the correspondence relating to this account.

I'll sent the incomplete SAR letter and see what happens.

I have no problem paying this debt if it is mine, I just want to know what I am paying and that I am paying the right person!

Tinkles

Update - following my last post I sent off a letter stating that I did not feel that they had fulfilled their obligations and that some information was missing.

The reply included;
"Regarding the correspondence between ourselves we would assume you would have kept copies of the letters since they purport to be of importance to you'.
That can't be right can it? I asked for all the information that they have on the account and so far have only received the CCA and a computer print out. (No Notice of Assignment either!).

GeorgeUK

They must under the Data Protection Act supply a copy of all information they hold relating to you and your accounts. They cannot assume anything.

I've got the flu right now so hopefully someone else will be able to comment - brain not functioning properly right now.

If you send a SAR to the Original Creditor, you should then at least know when the last payment you made towards the debt was.