CCA Advice

Gordon_Hose

Make sure you send it recorded delivery, that way they can't say they didn't get it.

w1ck3d

Hi Gordon Hose,

I followed your advice, and neither of them could come with a valid CCA. It has been quiet for the month or so, and now Apex Credit have written them asking the same as Wescot. Do I just reply to Apex the same as Wescot and attach a copy of the letter?

Many Thanks:D

Gordon_Hose

So have they sold the debt on to Apex?

thechippy

Barclays are pretty slow to sell debts on. They will send it on the dca merry go round for ages.

If they do respond to the cputr request, they normally reiterate that they have complied with the cca request and ramble on about the Carey case trying to baffle you with bullpoop.

Sometimes they "attempt" to answer the cputr question, but they cleverly skirt around it in a way where they give away nothing and do not render themselves liable for either lying or misleading.

The fact that they've sent a recon gives you a pretty good idea they don't have the original. Be careful though, as sometimes a recon is sent through pure laziness so they don't have to bother searching for the original. I would say though, that in most cases where a recon is supplied, it's due to not being able to locate the original.

Gordon_Hose

thechippy wrote: »

Barclays are pretty slow to sell debts on. They will send it on the dca merry go round for ages.

If they do respond to the cputr request, they normally reiterate that they have complied with the cca request and ramble on about the Carey case trying to baffle you with bullpoop.

Sometimes they "attempt" to answer the cputr question, but they cleverly skirt around it in a way where they give away nothing and do not render themselves liable for either lying or misleading.

The fact that they've sent a recon gives you a pretty good idea they don't have the original. Be careful though, as sometimes a recon is sent through pure laziness so they don't have to bother searching for the original. I would say though, that in most cases where a recon is supplied, it's due to not being able to locate the original.

That's the great thing about the CPUTR 2008 request though, they must answer yes or no to the direct question, if they don't and take matters to court, they'll be made a fool of when asked why they skirted around the question by the judge.

In any case, if they did have the true credit agreement, they'd say so. So in this case, it probably 99% certain they don't have any sort of agreement. They can only use the recon CCA on debts post 2007.

w1ck3d

Apex insist that they don't buy debts :rotfl: so yes i gather they have. Ok will send again, the same letter to them as we did with Wescot. We also sent it to Barclays and they did exactly what you said, but I got them to insist, give me the original, and even Barclays went quiet.

So will treat Apex with the same.

Cheers Guys:D

thechippy

Gordon_Hose wrote: »

That's the great thing about the CPUTR 2008 request though, they must answer yes or no to the direct question, if they don't and take matters to court, they'll be made a fool of when asked why they skirted around the question by the judge.

In any case, if they did have the true credit agreement, they'd say so. So in this case, it probably 99% certain they don't have any sort of agreement. They can only use the recon CCA on debts post 2007.

..You still have to be careful though mate. Dca's have gone to court on recons. Some have won and some have lost. Invariably, the ones that won were due to the debtor not defending properly, with a touch of added judge lottery. You still need to keep on your toes...;)

chanz4

Barclays tend to flirt around dcas, then issue a N1 application via the bulk centre so watch out for it.

w1ck3d

[thechippy]You still have to be careful though mate. Dca's have gone to court on recons. Some have won and some have lost. Invariably, the ones that won were due to the debtor not defending properly, with a touch of added judge lottery. You still need to keep on your toes - Ok m8, thanks for the heads up, anything they should watch out for, as they have asked, obviously via me and letters for the proof, and nothing has been provided so far?

[chaz4]Barclays tend to flirt around dcas, then issue a N1 application via the bulk centre so watch out for it. - Cheers Chaz4 care to explain a little more on a N1? To date they have asked Barclays and Wescot....Barclays replied with the usual, to send another, and Wescot done a runner...In my understanding, yes it can go to court, but they have side stepped my questions, to would not look good in front of the judge, if it went that fair. Ok you want a serious laugh....Barclays are still trying to take payment from an account that is closed, sorry was closed at the time, as part of the wind up of accounts..how screwed is this

I suppose my question is, if Barc cannot prove, and side step, if Wescot cannot prove, and do the frank boff....what the hell are Apex going to acheive ????? nada is my thinking answer

Thanks for all you help

W1ck3d

nottoolate

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