CCA request

Robocop16

Hi

I have received a reply from Restons Solicitor (along with my £1 postal order returned) attaching a statement of the account which shows payments are being received through DMP!!
It also states I would have had a copy of contract / Terms amd conditions at the time the account was opened and hence they see no reason why I would now require an additional copy!
They go on to say there is no requirement to provide a copy of the DEED OF ASSIGNMENT nor does the client intend to provide this!

This account of from October 2002!

HELP WHAT NEXT

sourcrates

Robocop16 wrote: »

Hi

I have received a reply from Restons Solicitor (along with my £1 postal order returned) attaching a statement of the account which shows payments are being received through DMP!!
It also states I would have had a copy of contract / Terms amd conditions at the time the account was opened and hence they see no reason why I would now require an additional copy!
They go on to say there is no requirement to provide a copy of the DEED OF ASSIGNMENT nor does the client intend to provide this!

This account of from October 2002!

HELP WHAT NEXT

They are correct about the deed of assignment, only a court can see that, its the notice of assignment you should of asked for.

As for the copy credit agreement, its the same as post #51# above, they are just been awkward, it is your right to see this information, at any time, under the terms of the consumer credit act, they have shot themselves in the foot because you have made a perfectly legitimate request, which they have refused, the account is now unenforceable until they do comply, you may want to write and let them know that you know this important fact.

If they should start a claim against you, you have a good defense.

Robocop16

Thanks for that does look as though the template I used asks for Deed of Asigment.

So if I write back asking for Notice Of Assignment and point out the account Is unenforceable until they meet my request and see what they come back with.
Thanks for the help

Robocop16

Idem has replied to the same letter saying they will try and get this information to me within 12 days !!!129335;!!!8205;!!!9794;!!!65039;

sourcrates

Robocop16 wrote: »

Idem has replied to the same letter saying they will try and get this information to me within 12 days !!!129335;!!!8205;!!!9794;!!!65039;

See, Restons are trying to avoid their obligations.

sourcrates

Robocop16 wrote: »

Thanks for that does look as though the template I used asks for Deed of Assignment.

A deed of assignment is a document put before a court containing many debts to be assigned or sold, of which yours is only one in a long list.

You don't have an automatic right to see this as it contains other peoples information as well as yours.

What you do have a right to see is a copy of the notice of assignment, which is a letter sent to you personally informing you of the legal assignment of your debt to a 3rd party.

Robocop16

Next one received from Cabot .
We do not have this information however we have requested the relevant details from the original lender.
I acknowledge the 12 day time limit before this credit agreement becomes temporarily unenforceable.
We hope that within 40 days we can comply with your request. In the unlikely event we are unable to obtain this information dyer 40 days we will write to you again!

So do I just sit right in this one and again it makes Restons look bad?

Many thanks

Robocop16

So received a 2nd Letter from IDEM in which they have produced what looks like a copy of the original loan agreement with my signature on and a statement of payments.
Now to arrange my own payment plan rather than paying DMC fees

Robocop16

So I have received a response from Fairfax for 3 accounts as follows

Please find enclosed Postal order for £1.00 as this is no longer required.

Your account has been placed on temporary hold while we contact the client.

We will back back i touch when we have more information.

Why would they return my postal orders but still chase the CCA

sourcrates

Robocop16 wrote: »

So I have received a response from Fairfax for 3 accounts as follows

Please find enclosed Postal order for £1.00 as this is no longer required.

Your account has been placed on temporary hold while we contact the client.

We will back back i touch when we have more information.

Why would they return my postal orders but still chase the CCA

Some creditors do this on occasion.