CAA request updates / results part 2

rog2

Rich_F wrote: »

Should my first course of action be to obtain a copy of the 'Note of Assignment', and am I able to request this over the phone or should it be in writing?

You should request this, in writing, at the same time, and in the same letter, as your cca request.
It is sufficient to insert, "and any Notice or Letter of Assignment" after the credit agreement request.
Do NOT ask for them by phone.

never-in-doubt

rog2 wrote: »

You should request this, in writing, at the same time, and in the same letter, as your cca request.
It is sufficient to insert, "and any Notice or Letter of Assignment" after the credit agreement request.
Do NOT ask for them by phone.

Ahh, but the assignment only really delays things doesn't it mate? Its easily rectifiable, therefore I tend to demand the original CCA using the text below:

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

But for the same respect, you could start the process by using words to the effect of:

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide including a legible copy of the Notice of Assignment. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

Thats what i'd be doing anyway

rog2

never-in-doubt wrote: »

Thats what i'd be doing anyway

That, nid, is your prerogative. 'Template Letters' are only there as a guideline, and will, often, need some editing to suit the debtor's individual circumstances.

I tend to use, and recommend, the National Debtline template letters. They are tried and tested and have brought positive results for most people who use them.

Whilst they are not the only form that a debtor can use, I prefer them because they are concise and straight to the point.

If a letter is too full of legal jargon, however correct it may be, the debtor could come across as being 'cocky' and may inflame the already negative attitude of a creditor or dca.

Of course you can add additional clauses, to back up your 'legal' status, but, in my opinion, these are not really necessary for the first request and could serve to 'overcomplicate' the request and distract the recipient from the main purpose. Again, in my opinion, such extras are often best saved to use in any correspondence where the creditor/dca either fails to fulfill his legal obligations, or tries to deny that he needs to fulfill those obligations.

But, as I have said, this is a personal view - the choice is up to the debtor.

rog2

natters wrote: »

Apex will tell you, you have to deal directly with the OC and it is not their responsibility to provide it

Whereas the Consumer Credit Act clearly states that it is the responsibility of the person who is chasing you for payment to provide you with a true and compliant copy of the original executed consumer credit agreement, notes of assignment, and statement of account "WHETHER THEY ARE THE ORIGINAL LENDER OR NOT".

I know who I would rather believe.

stapeley

A big week for the credit industry ! Court cases lined up in Manchester on CCA,s and High Court ruling tomorrow on bank charges !

poptart1_2

what are the cca case in manchester about then?, bit worried when i read that as i am going down this rocky route myself

never-in-doubt

Have a read: http://forums.moneysavingexpert.com/showthread.html?t=2100817&highlight

The 12 test cases!

Rich_F_2

Thanks again for the replies and adivce. :T I have read through the pages you linked to and will sort out a letter for Apex ASAP.

I'm also looking hoping for good news from tomorrows Supreme Court (why do we have to copy the Yanks!?) ruling. I have a claim in from from about two years ago for £700. Could be useful to put towards a F&F settlement.

Still wishing I had a time machine so I could go back and tell myself to stop spending buying things I couldn't afford! :rolleyes2

rog2

Rich_F wrote: »

I'm also looking hoping for good news from tomorrows Supreme Court (why do we have to copy the Yanks!?) ruling.

Not, unfortunately the 'good news' we were, myself included, hoping for:

http://news.bbc.co.uk/1/hi/business/8376906.stm

I don't think this will be the last of it, though.

badgerbread

never-in-doubt wrote: »

It seems you sent a letter mentioning CPR (31.16?).... They are trying to point out what this is - nothing new there then! What is the status of your account? If it is up to date and no default then isn't it best to pay it cos a default will ruin your credit for 6yrs.....?

Regards to the info they say they have to supply to you, this is bollox. You requested a true copy of your agreement and until that arrives they are in breach. However, it seems they will send you one - wait and see what comes in separate cover? If they only send you the credit limit etc then they don't have a clue cos that does not satisfy s.78 of CCA(1974) which is what you requested under.

Good Luck - seems they will try/say anything lol

They sent me the current terms and conditions as well as cca act 1974 with a covering piece of paper that has Morgan stanley name on it there is no signature anywhere on either of these. We have recieved phonecalls as well telling us this is all they need to provide Sent letter account in dispute hope I am doing this right just looking for reassurance that this is correct thanks