CCA not available, what next?

natters_2

I have recieved a letter today from 1 of the dca's I asked for a CCA from and they say that they are unable to issue a copy of the original credit agreement and statements. That this does not influence the validity of their claim for the outstanding balance and that I have to write to the original creditor sending them a £1 fee aswell. (they have kept the £1 postal order)

My question is - is this flannel and do I ignore it and wait for the 12+2+30 and send the next letter?

10past6

Who is the DCA? :mad: :mad:

And FYI, the +30 days no longer exists (it was never enforced anyway)

natters_2

The DCA is Newman

10past6

The onus to provide your Legal request is on the company you're paying, if that happens to be Newman, then so be it.

Don't be doing any running around on there behalf.

natters_2

thanks - so any ideas as to what I should put in the reply

10past6

Wait until they enter default, that will be 12+2 after you sent your request.

Then send the following letter:

Creditor / DCA
Address

Your Details


A/c - Ref Number xxxxx

Dear Sir / Madam

Notice of Default

Under Chapter 39 Parts V and VI of the Consumer Credit Act 1974 – Non-compliance with a reasonable and lawful request to supply a true and original signed copy of the Customer Credit Agreement for the above account number.

Please find enclosed a copy of my original letter / request which was signed on behalf of your company on the XXXXXXX 2008)

Following [Enter Creditor / DCA Name] non-compliance, as stated above, this account is now in Dispute. And as such is bound by legislation as laid down in the Consumer Credit Act 1974 (plus revisions) and the Data Protection Act 1980 (plus revisions). A non-exclusive list of key sections is highlighted below for your perusal:

• No interest or penalties can be added to this account whilst it is in dispute
• You are not allowed to directly or indirectly request the payment of any monies whilst this account is in dispute
• Following a period of 30 calendar days from the default date, if you have not provided a true and original signed copy of the Customer Credit Agreement I am not obliged to pay any monies to you
• You are not allowed to communicate any of the information regarding this account or any personal information to any third party unless they have the rights to such information and only then with my written consent

Failure to follow any of the legislation laid down in the said acts will result in representations being made to the Office of Fair Trading and The Information Commissioner

This letter in no way excuses you from supplying the information requested in the first part of the attached original letter.

I await your response by the date xxxx

*Send by recorded delivery*

natters_2

Brilliant - many thanks.

10past6

You're welcome

Any problems with them, come back and post.

Shelldean

just book marking this so i can find it as I'm currently waiting the reply from my DCA.

natters_2

Hello again - I recieved a phonecall today from solicitors acting on behalf of Newman telling me that I was wrong and they didn't need to supply a cca and I have to ask the OC etc, etc, I told her if they were solicitors, then they should be aware of the law as it stands and if she was that confident they were in the right I would be happy for them to prove me wrong in court and I would see them there.

The 12 + 2 is up on Friday when the next letter will be sent out, so I am assuming it is another scare tactic.

I would also like clarification on a reply from another DCA stating that the account is now closed and has been passed back to the OC, that I still send them them 12 + 2 letter?

RAS

What sort of account is this?