What to do if a creditor cannot supply CCAs

dobbollah

I have in the last day or so learnt about the ability to request CCAs...as I understand it if a creditor can't.....then they are breaching regulations.

I'm about to fire letters of to my creditors and wondered what I do next if they cannot supply the required information.

thanks

sourcrates

dobbollah wrote: »

I have in the last day or so learnt about the ability to request CCAs...as I understand it if a creditor can't.....then they are breaching regulations.

I'm about to fire letters of to my creditors and wondered what I do next if they cannot supply the required information.

thanks

You have to make a formal CCA request, using a recognised template letter, and enclosing the £1 fee.
If a creditor can't supply the correct paperwork, then you have two choices.
This will all depend on how much you owe, how old the account is, and how far you are willing to go.

If no CCA then you can either, refuse to pay the account, as the option of legal action has been taken away, or, make a low offer to settle, and wrap it up neatly.

If you choose not to pay, and it's a lot of money, the creditor may still fancy there chances in court, as a good lawyer will be worth his or her salt, if a lesser amount, they may just fade away, no hard and fast rules on this.

They can still sell the debt on, and you may have to play letter tennis with any new DCA that picks up the debt.

dobbollah

thanks sour - your becoming my personal advisor ! ;-)

is there a follow up template.....something along the lines of:

Since you have been unable to supply the details the debt is not legally enforceable so on this basis I make an off of goodwiil to pay £1000 to settle the £4500 balance sort of thing.

happy_bunny_2

I have seen a template to chase the CCA request. Be aware that if with a DCA, it will likely take longer than the allowed 14 days to get hold of it, if the original creditor has it.

Overdrafts are not covered by the CCA, so don't bother with those.

I've also seen a template for full and final settlement offers:
https://www.nationaldebtline.org/EW/factsheets/Pages/24%20EW%20Full%20and%20final%20settlement%20offers/Default.aspx

Who owns the accounts? DCAs, original creditor?

Marktheshark

dobbollah wrote: »

thanks sour - your becoming my personal advisor ! ;-)

is there a follow up template.....something along the lines of:

Since you have been unable to supply the details the debt is not legally enforceable so on this basis I make an off of goodwiil to pay £1000 to settle the £4500 balance sort of thing.

A goodwill offer of £0 would be my response as if they have no CCA they have no authority to collect a debt from another company.

chanz4

you don't actually need templates, just a letter asking for it

dobbollah

happy_bunny wrote: »

I have seen a template to chase the CCA request. Be aware that if with a DCA, it will likely take longer than the allowed 14 days to get hold of it, if the original creditor has it.

do you know where the template is..?

also if it takes longer than 12 days - from a black and white legal perspective thats their problem not mine isnt it?

2 of the accounts are with DCAs one is with HBOS, the original creditor

I'm just looking to full understand what I can and should to..

thanks to all so far its really appreciated

dobbollah

hows this look............?

ACCOUNT IN DISPUTE

Date:

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original consumer crediticon Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**
You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

This limit has expired.

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

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.




I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

happy_bunny_2

Have you sent the CCA requests yet?

If it takes longer than 12 days, its unenforceable in court until they comply. Their problem.

I wouldn't use that template, I would just write a letter as Chanz4 says.

Basically, you request a CCA, nothing back after 2 weeks, write and ask where it is. Then, give it a few more weeks then chase again.

If they ask for payment meantime, just reply stating you wont be paying anything unless a valid CCA appears.

dobbollah

i sent the letters recorded 1st class today.....

happy_bunny_2

Sounds good. Just wait what comes back