What happens when?

clueless24

More advice please
Having sent off (recorded delivery) my CCA requests I have received some replies, as most of my debts are with DCA's they have written back saying I need to go directly to the original creditor and have returned my cheque for the £1 fee, thats ok I understand that, What I want to know is what about the ones that have just acknowledged my request within the 12 (+2) days saying they are dealing with it.
Do they now have another set number of days to produce the documents or as we have gone beyond the 12 (+2) have they broken the rules by not producing the paperwork in the timescales prescribed, and if so what would be my next step?

What about the ones that have not even responded at all?
Sorry for the waffle.

fermi

The ones that have returned the fee and said that you need to go to the original creditor. Have the DCAs bought the debt, or are they acting on behalf of the original creditor?

clueless24

Thank Fermi I new I could depend on you for a response.
Of the eight creditors I have, 5 are still inhouse, of the other 3, 2 are with Moorcroft and 1 with DLC, none of these have said they have bought the debt but that they are acting as agents or it has been referred to them for collection.
This is why I am slightly confused because moorcroft are handling 2 accounts for different creditors one letter says I need to write to the original creditor and the other one that they have written to them asking them to supply the cca.
Interestingly enough one of the letters from Moorcroft is a standard template letter I had read about on this site asking me what evidence i would be relying on in court etc, I know that i should ignore this and not respond thanks to the information I have gathered from here.
Is this all part of the DCA's plan to totally confuse us all?
Just not sure what I do next,
Thank you for taking time to help me.
Tx

fermi

If the external DCAs are still acting for the original creditors, then they can refer you to them for the CCA request.

However, they can also deal with it themselves. Depends I think on what the DCA and the original creditor have agreed when they were passed the debt if you see what I mean? I suspect that is why you got the 2 different responses.

Yep. Ignore the standard Moorcroft "give us information" request.

And yes, DCAs will do their utmost to confuse you if they think they can get away with it.

fermi

clueless24 wrote: »

What I want to know is what about the ones that have just acknowledged my request within the 12 (+2) days saying they are dealing with it.
Do they now have another set number of days to produce the documents or as we have gone beyond the 12 (+2) have they broken the rules by not producing the paperwork in the timescales prescribed, and if so what would be my next step?

It doesn't give them any extra time. The 12 plus 2 days from the original request still apply.

So you can still send this if you want to ----> http://forums.moneysavingexpert.com/showpost.php?p=11660785&postcount=7

clueless24

Thank you so much for the information Fermi.
So now i have to send a CCA request to the original creditors, I send the second template letter to those that have not responded in the time frames, but what do I do with the ones that have sent an acknowledgement of my request for my CCA, how long do I give them to produce the paperwork. Am i mistaken in thinking that they have to produce the CCA within the 12 day time frame?

fermi

clueless24 wrote: »

but what do I do with the ones that have sent an acknowledgement of my request for my CCA, how long do I give them to produce the paperwork. Am i mistaken in thinking that they have to produce the CCA within the 12 day time frame?

Send them the 12+2 letter in the previous post if you feel you need to.

Just because they have responded with "we are trying to get it", it doesn't give them any extra time.

clueless24

Today I have received a response from 2 creditors regarding my requests for the CCA's.
The first one is from Lloyds TSB, I am not sure what I am looking for
but I was struck by the tone of the accompanying letter, very much a, well just because you have this you still have to pay up so don't think your'e getting out of it, quite abrupt really. It was never my intention to get out of paying the debt, I just wanted the paperwork, I am currently paying all creditors £1 per month whilst saving for Bankruptcy, next step advise on this one would be good please.
The other letter I was really shocked about and would definately like some help on. Having CCA'd them I received an acknowledgement from them 7 days latter telling me that are processing my request. Todays letter is a formal demand for full payment I have until the 23rd Feb 'or else' still no CCA but the 12 + 2 working days is not up till the 23rd Feb. I have been paying a token £1 payment to Barclaycard or Mercers for the past year, with no problems or hassel at all. I may be wrong but it looks like as I have requested my CCA they have done this, may well be coincidental any thoughts anybody? What should I do next with this one. All help appreciated. Tx

fermi

Did either response actual have a CCA attached?

What sort of threats are Mercers/Barclays making? Them accepting £1 per month for any period is unusual itself without plenty of threats, so CCA or not, nasty letters now is par for the course.

fermi

OH, and you will get snotty responses.

It's to be expected. Especially from companies who have stupidly not issued proper agreements in the past, or destroyed many of those that they did issue correctly.

clueless24

Thank you Fermi, I sometimes feel as if your holding my hand through all my troubles, I can't tell you how grateful I am for all your help and advise.
Lloyds letter included my CCA but I do know what I am looking for.
The letter from Barclaycard did not include my CCA and makes no mention of it.
Over the past year I have recieved all manner of threats and nasty letters but have just continued to pay my £1 a month, and was told that I shouldn't recieve to much hassel whilst it remains in house which it has done with Mercers.
The letter I received today from BC is a formal demand for payment immediately and by the 23rd Feb. Goes on to say that interest will still accrue. I have not complied with a recent default notice, will show on credit file, will send DCA to my house, legal proceedings will be taken against me etc etc.
I did send the no doorstep visit letter recorded delivery, some time ago, so I am not concerned about that.
It would appear that I may have rocked the boat by requesting the CCA and now they are demanding full payment.
The letter goes on to say in order to stop further action I must call them immediately.
What next please?