cca requested after a ccbc was letter was received

wristaction

Hi just looking for some help, I received a dca letter from lowells saying I have 14 to reply or they would apply to the ccbc for judgement. I sent a prove it letter, and recieved a letter back just saying the date creditor, ect..
so sent a CCA request letter on the 6th of jan, and received a reply on the 18th just saying they have recieved it and requested them from their client (which is them ofc) and forward them on receipt. I'm just wondering what to do now. I dont own a house or anything of real value, Im currently at uni studying I have no idea if this could affect me (bankrutpcy ect) if I go on to get a job, just want some general advise on how to deal with these trolls. the dept is over £5000 and what they say is it defaulted in jan 2012 I have no means to pay even if I wanted to just wondering what I do now if they dont produce the CCA cheers.

sithemadmonkey

Put the kettle on, make a cup of tea and put your feet up! They can't do owt until the credit agreement (or a reconstituted version, or whatever) is produced. Ignore the 14-day thing, it's just an empty threat.

Marktheshark

They are turning up the heat, write back stating they are out of time to provide the CCA and they are placed on legal notice that the CCA demand is outside the required timescale.
Finish by saying that this notice now forms part of the record of the parties as they have entered legal stages and will be produced as evidence.

fermi

wristaction wrote: »

Hi just looking for some help, I received a dca letter from lowells saying I have 14 to reply or they would apply to the ccbc for judgement.

So, have you received just a letter before claim?

Or have you received actual court papers from CCBC (County Court Bulk Centre)?

An actual court claim N1 form would look similar to:

tomtontom

Did you actually borrow the money OP? You don't mention whether this "dept" is money you borrowed, spent and agreed to repay, or nothing to do with you?

wristaction

Hi thanks for the replies, no fermi it was a letter from lowells just with LETTER OF CLAIM at the top, and just saying it had not heard from me regarding the matter, and would be be taking me to CCBC in respect of the debt, if I dont reply in 14 days without further notice.

I goggle letter of claim, and got mostly that I would be taking to court and ruled in their favour regardless of proof ect.. so hence the proof it letter ect. I do believe now that their just worded it to appear like this knowing that if I googled it I may get confused with a legal doc. its nothing like the offical doc you show just generic lowells letter head.

yes the debt is mine, and yes I do owe it. but morals aside I dont want to pay these creatures that bought it for peanuts and use their scumbag tactics to try and get you to pay, so if I can give them the finger I will.

anyway back on track, I just wonder what I do now, as most the threads I have read are yrs old, and I dont think the 12 days thing applys now does it? or at least the 30 days they commiting a crime? so what do I send now and can anyone link me to a up to date template. thanks all

sourcrates

wristaction wrote: »

anyway back on track, I just wonder what I do now, as most the threads I have read are yrs old, and I dont think the 12 days thing applys now does it? or at least the 30 days they commiting a crime? so what do I send now and can anyone link me to a up to date template. thanks all

Hi,


The law was changed in 2008 to remove the "criminal offence" for non compliance, but, failure to comply still renders an account unenforceable, until they do reply, usually take approx. 2 months, the 14 days are just a guideline.


Template here :




Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours faithfully,

YOUR NAME

wristaction

Hi I have already sent that letter on the 6th and received a reply saying they are asking it's client and will forward them when received. But that was like over 20 days ago? Do I need to send them another one like the 30+12+2 one but updated without the criminal offence part? If so is there a link for that one? Cheers

sourcrates

wristaction wrote: »

Hi I have already sent that letter on the 6th and received a reply saying they are asking it's client and will forward them when received. But that was like over 20 days ago? Do I need to send them another one like the 30+12+2 one but updated without the criminal offence part? If so is there a link for that one? Cheers

Not yet, as I said before, it can take up to 2 months sometimes to get a response.
If after this time you don't hear anything, just send a reminder, no template, just a simple reminder note will do.