CCA advice please

Crown

vordhosbn wrote: »

I have decided after mulling it over some more and being awake half the night that I am going to do this. Wish me luck!

Good luck mate, let us know how you get on

Can I just say that I know how you feel about being hauled into court but realistically its very unlikely to happen and if you was taken to court remember it would be a county court where the judge would look at evidence and make a decision. It is not a criminal court like the old bailey where you would be handcuffed and the face a jury! when I went to court it was one judge who looked like my old school teacher and a woman taking notes! I was convinced that I would be in the dock having to swear on a bible.. In the end there wasnt a Wig in sight LOL :rotfl:

vordhosbn

Thats exactly what I expected, crown court situation :rotfl:

moonlightpjs

Good luck and keep us posted - as Crown says its unlikely they will take it to court

vordhosbn

One more question (for now)....say I post the letter tomorrow would I count the 12+2 days from the following day?

moonlightpjs

No count it from the day you posted it - they have 12 working days plus 2 to allow for posting to respond.

vordhosbn

ok, thank you

just checking, so I will want to hear back from them in 13 days or write a date 12 days from the day of posting??

vordhosbn

sorry if I come across as a bit thick I just want to make sure I do it right. Not sure what date to put? as above

moonlightpjs

No, when the 12 +2 days are up, you can stop making payments (if you are making any) as they are in default. You then have to allow them another 30 calender days to still respond with CCA. After the 12+2+30 days are up, you can then send them the non-compliance letter which basically says you they have to stop chasing you, refund all monies you may have paid etc or you will report them to the OFT, TS,etc etc as the debt is un-enforcable.
But you have to allow the full 12+2+30 days to produce the "alleged" CCA.
Hope this makes sense:)

If they don't send the CCA you can either just forget about the debt or report them and send the non-compliance letter. It shouldn't really be up to you to tell them what they should be doing or not doing as the case may be. It really depends on how far you want to take it.

moonlightpjs

vordhosbn wrote: »

ok, thank you

just checking, so I will want to hear back from them in 13 days or write a date 12 days from the day of posting??

Sorry didn't read your question right, you need to add 12 working days and 2 other days, eg: if you sent it tomorrow they have until 4 July which is the date you need to put in your letter

Mrs7ones

Hi,
can I just clear something up here??
I have had a letter re a 'supposed' missed payment on a credit agreement from 2002.....
I wrote to them asking for a copy of the original agreement, and they sent me a copy of the details that were passed to them (the collection agency) 2 years ago from the original creditor. It is not a credit agreement, just the details of the debt....

Can I write back to them and insist on a copy of a signed agreement???
I'm not at all sure if I would have signed anythin in the first place as I think it was car insurance done over the phone..... Would that mean I wouldn't have to pay up???

where do I stand on this???