No Reply to CCA Request - What next?

Colderado

Hi all,
I sent on the 18th Sept the letter below on the advice of another user, as I was about to make an offer on my debts, and was advised to send this to the 3 companies I owe, Cabot, Lowells and RBS. All were sent by 1st Recorded and recieved, but now the 12+2 days has passed, when counted as working days only, what should I do next?
Only Lowells has replied saying they have requested this and will get back to me.


Letter sent...

Dear Sirs,

Account No:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77/78 of the Consumer Credit Act 1974.

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. 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.

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). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.


Yours faithfully
Print your name, never sign it

fermi

Well, wait and see what they respond with.

It's very rare that creditors or DCAs respond fully within the 12 days. Or even a bit longer than that.

If you really want to send a reminder there is a possible letter in this link.

http://forums.moneysavingexpert.com/showpost.php?p=11660785&postcount=7

jcrymer

Yes, as above, send the second letter giving them 30 workings days to respond. I sent two CCA requests to DCAs for two cataloge companies debts, one did send me a CCA but as it was unsigned I sent them a letter telling them it didn't comply (didn't state why) and the next letter they send was telling me they had closed their file and passed it back to the creditor. The second company didn't send a CCA and sent me a letter confirming that the debt was now unenforceable but they would send CCA if their client passed one on to them.

Lensman_2

Personally, I wouldn't send the follow up letter. They are now in default of your CCA request and cannot enforce the debt. Anything more than that is just reminding them to do their job IMO.

They don't need reminding what this means, they know damn well that they cannot enforce the debt just now.

When were these debts established? It is important to know if they were prior to 6th April 2007.

Colderado

thanks for all your replies, all very helpful and appreciated

they defaulted in 2010 if this helps? or do you mean when was the credit account started?

happy_bunny_2

I think it's when the debts were taken out that's important. When was this?

winka

just a bit of honest advice needed and will be greatly appreciated.

as we all know everybody makes mistakes but will give u a quick rundown of mine.

approx 4 year ago i was debt free with a credit of around 25k

well me being me i decided to spend it when i was in trouble in and out of work etc etc.
if i remember the detbs were as follows approx
mbna 6500
mbna 3500
barclaycard 4000
barclaycard 3500
halifax 4000
santander loan 2500 outstanding was 8000
and a few store cards.

since then i have made no payments on any of these cards and ignored all letters & numerous phonecalls.

mbna 6500 have given me a ccj very recently which i have offered £50 per month as im only on £110 per week.

but recenctly a family member has offered to help clear my debt due to inheritance of from a relative.

apart from the CCJ the is around 20K outstanding.

as you could imagine none of the original creditors now own these debts and receiveing letters of numerous companies wanting money.

would i be right in asking the current companies writing to me for a copy of my CCA??

My idea is to pay these debtors off with around 20% or 4K of the 20k but dont want to part if i dont have to.

next question will this make them sweat (asking for CCA) and accept an offer as little as 20% for full & final settlement???

any info will be greatly appreciated because after 4 years im getting sleepless night with the threat of bailiffs and currently being treated for stress off my doctor.

thanks in advance

TakingControl

Colderado wrote: »

thanks for all your replies, all very helpful and appreciated

they defaulted in 2010 if this helps? or do you mean when was the credit account started?

The date when the credit agreements/accounts were started are the important ones here, not the default date.

Personally I wouldn't send a follow up, by not complying with the CCA request, your creditor/DCA have made your account unenforcable until they comply with your request I CCA'ed Capital One on a defaulted account (it was with a DCA for recovery) and it took them 6.5 months to supply it.

Just remember, they do not have to supply a 'true signed copy', a reconstituted can be acceptable.

Colderado

Hi
My RBS account started 2005.
The Lowell (Littlewoods) was 2002
The Cabot (Aqua) was 2008

The reason I started all this off, was to originally pay off my debts, or to at least make an offer. If the debt becomes unenforcable, can I ask them to update my credit record? When can I ask this? Or is the only way to have these debts satisfied/cleared to pay them off?

Lensman_2

McGuffik vs RBS established that reporting the status of the account to credit reference agencies while in default of a CCA S.77 request was not enforcement.

Therefore they are allowed to continue to do that.

However, you might have a problem with establishing that they are claiming the correct amount since you cannot obtain a copy of the agreement along with the relevant T&Cs.

If you are suspicious that they do not have the amount correct then you might have reason to dispute it.

Colderado

Hi Lensman,
Thanks for continued help with me sorting my debts. Sorry if I am not reading this correctly, are you able to reword that, it may just be me not being savvy with the terms used, but I struggled with understanding.