How many CCA requests is reasonable?

Satos

Hi, just a quick question (bottom of post).

I have a Credit Card with Lloyds which fell into arrears due to unemployment many years ago (yes, charges and PPI have been sorted).

It was passed from Lloyds to Apex Credit Management in 2009, I sent a CCA request in March 2013. In June 2013 it was recalled to Lloyds with no CCA provided.

In July 2013 Lloyds passed to Robinson Way. CCA request was sent. In November 2013 it was recalled to Lloyds again with no CCA provided.

November now and it has now been passed on to CapQuest (google shows them to be, infamous). CCA again requested and a response received saying account on hold.

If Lloyds once again don't provide the CCA, what action can I take? Could this not be considered harassment now?

chanz4

Well no, as it Lloyds have a right to chase. Or was the card fraud

fatbelly

Really you should only need to send a s77-79 request once. After that you could just remind the collector that it has not been complied with.

There is an argument that Lloyds behaved unreasonably in continuing to put your account with debt collectors without complying with the consumer credit act. A few years ago Mackenzie Hall were warned for continuing 'debt collection activity' on a 'disputed debt' where the terms were defined as follows.

Debt Collection Activity is defined as:

a) sending debt collection letters;
b) making of debt collection calls;
c) the use of any other medium for the purpose of collecting an outstanding debt;
d) the acceptance of payments offered against a debt.

A debt is considered as in dispute where:

a) it has been reasonably demonstrated that the debt has been previously paid;
b) a request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;
c) it is reasonably believed that the debt may have been incurred as a result of identity theft or fraud; or
d) it is reasonably doubted that the person being pursued for the
debt is the actual debtor.

In the latest case, it's possible that Capquest have now bought (been assigned) the account. It is quite easy to comply with a s77-79 request so see what they come back with.