DCA's producing the CCA?

tpl

Hi, I found the template below in an old thread (2007) by 'moonlightpjs'. I was wondering if anyone knew about the CCA? I sent a letter to a DCA to request a CCA for a debt (which is an old overdraft from HSBC). They wrote back to me saying they didn't have it, but they were going to try and locate it. This was longer than 30 days ago, and I haven't received further response.

Does that mean I can send the following letter? and they cannot enforce the debt? I'm currently paying them £1 per month token.

Thanks in advance

Letter To Send After 12+2+30 Days

Dear Sir/Madam

Re:−
Your Client Ref:

I do not acknowledge any debt to your company

I refer to my letter dated (enter date) which was delivered via Recorded Delivery to your offices on (enter date).

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the (enter date) I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time (enter DCA name) purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on (enter date) and (enter date) respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on (enter date) this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to (enter DCA name).

I require the following action from (enter DCA Name) :

1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by (enter DCA name). Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.



4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force (enter DCA name) or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I look forward to your reply within 14 days to resolve the matter amicably.


Yours faithfully

fatbelly

Overdrafts are not Consumer Credit Act Debts. None of the above applies, and your S77-79 request is invalid.

If they are stupid enough to be looking for something that doesn't exist, I'd leave them to it.

tpl

Ah, ok thanks fatbelly. I did wonder whether it applied to overdrafts. The debt still stands as it is then....I won't continue on that path! Thanks again, good to get some clarity.

mo786uk

The onus is on them to prove the debt. Under s77 and S78 a consumer has a LEGAL RIGHT to ask for certain info which prove a debt.

Although yours is not a CCA debt you are still entitled to ask for proof

But lets be honest, most of the time people know if a debt is a debt and is owed.

If you are already paying and stop you should be aware of the consequences (i.e them calling you and possibly affecting your credit file)

if you are paying £1 then you should be laughing really as its a good deal.