CCA Request - received agreement - help?

honeyD

Ive sent a CCA request to a debt collection agency and they received it today.
Will the 12+4(?) days start from this date? Does that include weekends too?

DarkConvict

I believe it is 12+2. And yes it starts from today and includes weekends. So 1st February.

GeorgeUK

DC, has this changed?

I understood it as being 12+2 working days from the date of receipt.

honeyD

I had a letter a few days after they received my letter saying they had passed my request onto the original catalogue company. Not heard anything else yet. But that is good right? lol

DarkConvict

Im sure it has always been 12+2 days, that is 2 weeks including weekends.

As to the reply, That is normal, the DCA rarely hold the CCA and have to request it from the OC themselves. You just need to wait, after their time is up, you can follow through with the next steps - http://forums.moneysavingexpert.com/showthread.html?p=26867731#post26867731

honeyD

Ok so I have received a letter in reply. Its not looking good for me.
The letter says:
"We refer to your enquiry for a copy of your agreement.
We enclose a signed copy of your credit agreement with Shop direct Finance.
According to our records the account was opened in 2001. You agreed to make payments every 28 days.
Your outstanding balance is £150. Our records show that in the past 12 months £252.44 has been paid.
Your account has been assigned to Phoenix recoveries." etc etc.

They hav attached signed pages to this letter. One says its is a credit agreement letter and is signed in 2005. Actually all of the attached pages are signed and dated 05.
I will scan and upload them.

honeyD

Its still the wrong amount owed too. It should only be £140, I know its only £10 but still.. thats a lot of money really when you dont have much! Im not sure what to do about that if I have to pay this. I did get a statement from the last debt agency that shows its 140.

DarkConvict

Upload them and we will have a look, the words need to be readable so ensure you get a good scan of it.

The amount owed needs to be correct under OFT guidelines - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Communication
2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,
inaccurate or misleading manner.
2.2 Examples of unfair practices are as follows:
e. failing to provide debtors or creditors with information on status
of debts, for example, not providing requested balance statements when
reasonably requested

When the account was opened in 2001 did you sign the agreement, when the agreement was changed in 2005 did you resign a new agreement? They only have to supply the latest agreement.

honeyD

http://img190.imageshack.us/img190/4566/agreement1.jpg
http://img18.imageshack.us/img18/5750/agreement2.jpg
http://img691.imageshack.us/img691/8592/agreement3.jpg

There are 4 similar to the third link.
Looking at those it makes me wonder what on earth we were thinking! Such a waste since we dont have most of it now anyway!
Sorry for taking so long to upload, I was at work last night.

honeyD

Is it enforcable?

DarkConvict

Looking at them against tghe required terms - http://forums.moneysavingexpert.com/showthread.html?p=26867833#post26867833

I would say, yes those 3 agreements are enforceable. Ask never-in-doubt to check them over to be sure.

Ive noticed Agreement 1 & 2 are almost identical, aside from agreement 2, has 2p more credit and is done a month later. May i ask why? Did you take out 2 loans