12+2+30 days - No CCA from DCA

scoey2007

Hi there,

This is my first proper post although i've used this site for ages and it always yields results!!!

I have a couple of defaults on my credit file which I feel to be false and have taken the letters off this site but am still awaiting responses from the DCA's.

Can soemone please help me with the next steps after the 42 days is up???

Thanks!!!

:rotfl:

RAS

Hi

Can you clarify?

You sent the CCA letter recorded delivery , 12 working days + 2 plus the xtra 30 days ago.

You have no reply.

Were the defaults entered by the DCA or the original creditor?

scoey2007

Hi there,

The 42 days is almost up.

The defaults have been placed by the DCA's.

I haven't received a CCA from either of the DCA's - can they send anything else?

THanks

RAS

It is 12 working days not 12 days, so you need more like 48 days in total before you send the bog-of letter.

scoey2007

Thanks Ras,

Do you have a copy of the bog off letter? Or a link to a copy?

Thanks again

RAS

Hi

You need to wait until the full time is up then send this

hi had this template letter, hope its of use. i think it was supplied by weller :T



DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,