Delayed Letters From a Collection Agency.

GeorgeUK

If they were to take you to court, they would need to produce the CCA. They are currently not complying with the Consumer Credit Act so if nothing else, i would suggest reporting them to TS.

You might want to start another thread just for this topic. Do you already have a default registered against this debt? A new thread would get more response i think.

OwtForNowt

GeorgeUK wrote: »

If they were to take you to court, they would need to produce the CCA. They are currently not complying with the Consumer Credit Act so if nothing else, i would suggest reporting them to TS.

You might want to start another thread just for this topic. Do you already have a default registered against this debt? A new thread would get more response i think.

Iv still not checked about the default. What difference would it make?

I doubt they have the CCA. The Collection agency is in the same building as the bank headquarters so if they did have it then it shouldnt take a month to find.

GeorgeUK

No real difference, but they usually try to threaten you with a default notice being put on your credit file. If they've already done that then there won't be anythign to threaten you with. The default would lower your credit score and remain on your file for 6 years.

OwtForNowt

GeorgeUK wrote: »

No real difference, but they usually try to threaten you with a default notice being put on your credit file. If they've already done that then there won't be anythign to threaten you with. The default would lower your credit score and remain on your file for 6 years.

Right I'll check my credit file tomorow then.

I'v wrote a letter basically telling them that i wont be paying them untill they produce the CCA and saying if i continue to get letters asking for payment or letters asking for increased payments that I will go to trading standards.

OwtForNowt

I finally had something back from them today that says;

In response to your right under the Consumer Credit Act;

Section 78 (1) Of the Consumer credit act 1974 requires us to provide a copy of the executed agreement if any. Regulation 3 92) of the consumer credit (Cancellation notices and copies of documents) Regulations 1983 allows that certain items may be omitted from such copies, including the signature box and signature.

therefore, the copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. regulation 7 of those regulations also requires us to provide a copy of the executed agreement, as varied, where there is a power to vary the terms of the agreement, which there is with your card agreement and that power has been exercised to vary the agreement, which again is the case with your agreement.

We have therefore enclosed an upto date copy of the terms and conditions applicable to your account, a copy of the latest variation notice issued in respect of your account and a blank copy of the agreement form. The agreement form contains the originakl terms and conditions that you acepted when you entered into the agreement. Clause 6.1 gives the bank the right to vary the terms and conditions. the variation notice shows that the terms have been varied and therefore in accordance with this legislation the up to date terms and conditions are the appropriate information to produce.

:doh: