Asked for CCA - they want more details. Help!

stapeley

Ignore letter, send the request again properly , recorded delivery and the £1 p/o. If it ever went to court , which i doubt, you must show you you followed the correct procedure ! good luck.

rog2

Slavo wrote: »

Sorry to dig this post up again, but I am in a very similar situation.

However, the creditor requests my previous 3 addresses. They state that this information is required in order that they are not in breach of the data protection act.

This is in reply to a request for a CCA. I must point out however, I have not been entirely organised and have not kept proof of postage, nor have I sent any postal order.

What should I do? Should I re-send one with a postal order and proof of postage, and keep all receipts?

Or wait the 12+2+30?

Should this information be sent, or should I ignore this letter.

Kind regards,

Slavo

Hi Slavo - I repeat the same advice as for the previous poster - do not send them anything.
It is legally up to them to prove that you are, indeed, the 'debtor' that they are looking for - NOT the other way around.
Their letter, to you, is proof that they have received your request for the cca. If you wish to be absolutely sure then, by all means, send them the postal order, with a covering letter:

'I do not acknowledge any debt to your company, or any other organisation that you claim to represent.
Further to my letter of xx.01.08, requesting a true copy of the original signed cca, I enclose a Postal Order for £1 being the statutory fee that you are able, though not obliged, to charge for providing me with the information that you are legally bound to provide under the terms of the Consumer Credit Act 1974.
I remind you that you are legally obliged to provide me with this information within 12 working days of my original request, whether you are the original creditor or not.
I also remind you that, according to the Office of Fair Trading Debt Collection Guidelines - July 2003, updated December 2006 - Section 2.8, it is considered as an unfair practice to 'send demands for payment to an individual when it is uncertain that they are the debtor in question'.
Therefore any further correspondence from you, other than the provision of the true copy of the original signed consumer credit agreement, statement and deeds of assignment, which I have already requested, will be reported to the Trading Standards Office.
Yours Sincerely

Slavo'

They are chasing you - it is possible that they are 'phishing' - either way it is up to them to prove that you are the debtor they are looking for. It is not up to you to prove that you are not.

OFT Debt Collection Guidelines can be seen here:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Please ensure that you send this letter by recorded delivery.

Good luck