No reply to CCA request

glentoran99

What options do I have? I know the option is dont pay as they cant enforce in court (its pre 2007) but i would want this debt gone completely balance currently stands at just under 4000, they wont entertain a settlement offer

How can I force them to reply either with the CCA or confirmation they havent got it?

Quite simply they are just ignoring it, the last letter i sent asking for it included a settlement offer, they just replied to the settlement offer part saying no!

Ulitmately i want them to settle for less and use the no CCA as leverage but ive hit a brick wall

Who do i escalate it to to force a response?

Stewart_78

I don't think you can escalate it. You can stop paying until they respond and in 6 years if you don't acknowledge the debt in writing or pay anything into it, it will be statute barred and they can't do anything about it. Not a lot else you can do.

glentoran99

surely there is though? The arent complying with regulations so who should be enforcing the regulations? Who is this up to?

[Deleted User]

What is the default date?

glentoran99

Hasnt been defaulted, is technically an arrangement to pay after was sold to them by MBNA after entering DMP however is being reported to equifax as ok, dunno about experian and has been removed from call credit as they didnt respond to them.

Going the statute barred route isnt really an option as they are the last ones after i settled the other creditors, so really want to get it gone

rizla_king

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,

glentoran99

rizla_king wrote: »

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,

Thanks, ive sent similar (although not exact) and its simply ignored

sourcrates

Who is the DCA concerned ?


They will have a complaints procedure, I am assuming you followed correct protocol in making the CCA request, accompanied by the requisite £1 fee ?


Written complaint to there complaints dept would be the way to go, cant go to the FOS until they respond, but if you ring FOS explain what's happened, they will write to said DCA informing them they have a complaint to deal with, if they still don't respond, then FOS can get involved formally.


Short of that, there little else you can do.

glentoran99

sourcrates wrote: »

Who is the DCA concerned ?


They will have a complaints procedure, I am assuming you followed correct protocol in making the CCA request, accompanied by the requisite £1 fee ?


Written complaint to there complaints dept would be the way to go, cant go to the FOS until they respond, but if you ring FOS explain what's happened, they will write to said DCA informing them they have a complaint to deal with, if they still don't respond, then FOS can get involved formally.


Short of that, there little else you can do.

Moorgate, yes sent the fee etc, back in july which they have cashed,

they have sort of responded by replying to the settlement part of the latest letter i sent but completely ignored the CCA request part. Will contact the ombudsman anyway, but its looking likely that ill not be getting a reduced settlement on this one, despite the non compliance with the request

rizla_king

If you're just going to keep paying them and are not prepared to call their bluff, then why would they settle for less?

glentoran99

rizla_king wrote: »

If you're just going to keep paying them and are not prepared to call their bluff, then why would they settle for less?

they dont know that though, I need them to confirm they dont have it before going any further, I dont want to stop paying them for them to produce it and me be left worse off so hopefully the ombudsman can force a reply