DCA CCA not returned what next?

moonlightpjs

hbslc wrote: »

Ok. I'm currently drafting my letter based on the final letter in Wellers post. I want to include the following paragraph:

"I understand that overdrafts are partially regulated by the consumer credit agreement. Therefore, I conclude that this account is unenforceable at law, especially as an overdraft was an integral part of the initial conditions of the bank account."

I also want to mention that notification of assignment of the account to the DCA was not recieved until 8th Jan 2008. 4 months+ after my intial letter requesting the original agreement.

Any comments?

Dont, please add that paragraph, you would be putting yourself in a situation that they could use to their advantage.

rayday2

Silly little question here, I requested a CCA as a DCA were making out there were payments missing, which they are not and it was going to cost me £5 a cheque to prove so for a £1 I requested a CCA its a catalogue I had from about 14 years ago but I have made regular payments all that time. Anyway I was housebound with ill children and hubby said he was being money saving and sent it normal delivery - mind boggles to his logic! Anyway I paid by cheque and it has cleared the bank, if I have to follow it up is it OK to change the wording instead of the bit about reaching your office say something like the cheque cleared my bank on .....

Told you it was a silly one!

moonlightpjs

Its not silly

To be honest, if it were me I would send it again, this time registered post then you have proof they have signed for it, this is of course if they havent replied to your CCA request, by doing it this way you will receive proof from Royal Mail that it was delivered, so you are in fact putting the account into dispute and should you need to report them its a lot easier providing a proof of postage and signature to the relevant bodies than producing your bank statements ITMS.

Also, they could and probably will say the £1 cheque was to be used against the debt, you have no proof that you have sent a CCA request, only proof that you have "paid" £1.

HTN and makes sense x

rayday2

That makes perfect sense, I think I will give it till Mondays post as this DCA are quite quick at responding, if I haven't had post then I will re-do what you said.

Men so helpful saving me less than a £1 when the account has £106 owing on it lol!

Thanks

moonlightpjs

You're welcome
Good Luck x

hbslc

No response from smile to my letter advising them that the overdraft is unenforceable. Do i chase confirmation that the default etc has been removed.

Also, Egg have sent me a copy of the original credit agreement not the actual one, and way past the 12 working days but not the additional calendar days. So its unenforceable but they haven't committed an enforce.

What next? Do i just respond saying it became unenforceable on XXXX? Do i ignore the letter & suggest they've committed an offence as it wasn't sent by recorded delivery?

stapeley

They do not have to send Orginal , a true copy is ok . They have supplied a copy within the 12 + 1 month . They can now enforce the debt . It is only unenforceable while it is not produced . It doesn,t matter if they sent it pigeon post , they have one .

rog2

stapeley wrote: »

They do not have to send Orginal , a true copy is ok . They have supplied a copy within the 12 + 1 month . They can now enforce the debt . It is only unenforceable while it is not produced .

It must be a true, signed copy of the original cca.

hbslc

its a photocopy / print of a scanned document. Is this true? I thought it had to be produced within 12 days otherwise it would be unenforecable. The +1 month is relates to wether an offence is caused?

rog2

hbslc wrote: »

its a photocopy / print of a scanned document. Is this true? I thought it had to be produced within 12 days otherwise it would be unenforecable. The +1 month is relates to wether an offence is caused?

Does it bear your signature, and does it contain all the information necessary to comply with the Consumer Credit Act requirements? - See weller's post.

The document should, indeed, have been produced within 12 working days of the receipt of your request, and, in order to enforce the agreement, egg would need to seek a Court Order. Providing that the agreement IS compliant, then they are, unfortunately, likely to be granted such an order, but it is worth checking out the document first.