12 days are up, no CCA

Misty_Blue

I recently received a letter from Aktiv Kapital telling me I owed £73 as a result of a previous Barclaycard debt. I thought I'd cleared the card, but then moved house.

I sent the template letter requesting my signed CCA, and received a letter back from AK acknowledging my request and telling me they were in the process of obtaining the paperwork. According to my calculations, the 12 working days were up today. Does their letter mean that the 12 days started from when they sent that, rather than from when they received my request?

Also, I understood that if a company couldn't supply a copy of the CCA within 12 working days, that was that. However, one of the debt advice sites says that if they can provide it any time after the 12 days is up, then that's ok and they can continue proceedings against you.

Merlinexcalibur

Does their letter mean that the 12 days started from when they sent that rather than from when they received my request?

From the date of receipt as far I know. However, we all know their idea of 'receipt and working days' differs from the rest of us. Only gotta look at their '14 days from the date of this letter (erm, wrong cos it's from the date of receipt to be reasonable etc) when you receive it 2 days before the deadline etc.

But, no, from the date THEY received your request not when they state it began.

However, one of the debt advice sites says that if they can provide it any time after the 12 days is up, then that's ok.

Apparently so. I always got confused with that but they can produce it up to a year from now apparently. To me, that contradicts the time limit but apparently not. But it does make you wonder why it would take a company so long to retrieve what should be kept on people's credit records TBH. Particularly when we have computerised filing nowawadays.

Misty_Blue

Thanks, Merlin.

Merlinexcalibur wrote: »

Apparently so. I always got confused with that but they can produce it up to a year from now apparently. To me, that contradicts the time limit but apparently not.

Yes, I don't understand why they bother putting anything about 12 working days in, then. Still, I presume if they had it, they'd have produced it by now.

Merlinexcalibur

Still, I presume if they had it, they'd have produced it by now.

Yes, or you may eventually receive the standard classic 'here's one that covers what your agreement would have looked like if we had a copy and covers all agreements since'.

So, in other words, how the heck are you to know what covered what period. As you know the CCA request is quite specific it be the agreement you agreed to at the time. Yet, more and more creditors are issuing newer agreements, with updated T/Cs I note this last year which are not the ones you agreed to.

10past6

Misty_Blue wrote: »

I don't understand why they bother putting anything about 12 working days in, then

They have 12 days to comply.

No matter how long AFTER the 12 days it takes, they remain in default.

Only a court has the power to say whether they remain in default or not.

Bear in mind, it's for the creditor / DCA to explain why they breached the act.

HTH