Lets All Ask For Our Cca!

fermi

I asked this on another thread, but didn't get an answer.

Can you tell me where in the CCA74 or subsequent regulations you are entitled to request a copy of the "deed of assignment"?

The CCA74 itself simply states:

"shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it"

plus a statement of account

when it lays out the documents that can be requested under sections 77/78.

Just curious as to where it mentions "deeds of assignment"?

The debtor should receive a "notice of assignment" when the debt is assigned, but that is a different thing to the "deed" which is a legal contract.

stapeley

Does not matter what you call it , you are asking for any details of ASSIGNMENT . Example , I A.N OTHER have sold your account to A . Guttersiht. Or B.O.G SHIEGHT are acting on behalf of lOW DOWN AND SCUMBAGS . Some people have ended up sending money to people who have no right to it !

stapeley

Not saying they have to . Its only if they don,t produre a true signed copy of an AGREEMENT that it becomes unenforceable , and even if they do it has to be correct in its details . With respect you are nit picking on wording now !

fermi

stapeley wrote: »

Not saying they have to .

Thankyou. That was the point I was trying to clarify.

The requirement for a correctly signed and executed agreement containing the correct terms in order to enforce the agreement wasn't being questioned.

fermi

stapeley wrote: »

With respect you are nit picking on wording now !

With respect, no. If you are requesting a document and implying that they are obliged to supply it then you have to be sure what you are requesting.

stapeley

As very few of us are lawers , my ideas and advice is just a guide .I,ve said before everyone should check details for themselves ! I,m also sorry for my bad spelling and typing . I was kicked out of Kings College Cambridge .

Loretta

dragonstgeorge wrote: »

HI All,

I have been following this thread with a lot of interest and agree with most of everything that has been said previously.

It is our legal right to ask for the CCA to confirm the debt is ours - not debt avoidance - if the DCA were working within the law regarding debt collections they would only purchase debt with a CCA so they know its collectable - sounds like a good business plan! However, as we know DCA's do NOT work within the law so therefore they should expect people to request the CCA's and then comply with the law if it is not available. (Wishful thinking I know!)

Just to let you know my situation as well - I paid over £6k to a DCA in Jan 07 as they threatened me with a statutory Demand - I did not know my rights and panicked into paying this to prevent this going to court. However, I have since found out more from this site and am now doubting if the debt was genuine as I was paying another DCA for what I think is the same debt! So I requested a copy of my CCA from the DCA I paid but they were unable to supply this (no surprise there) and have now requested the money to be refunded, I have sent a copy of Wellers letter to them - no response - sent another copy demanding payment and also including the case ref number from where I have reported the DCA to the Office of Fair Trading. I have also filed a complaint with Trading Standards.

I will let you know how this progresses as I can see puprle(?) is in a similar position too.......

If any one has any other ideas on how to recover paid to the DCA I would welcome any suggestions!

Good luck to you all and remember it is only money and there are MANY more things in life more important that this!

I am half way through reading this thread and finding it very interesting.

I have no knowledge of any of this so please don't think that I am giving advice but surely if you now realise that they do not have a signed cca and cannot prove the debt and you have been paying them and they threatened you with a Statutory Demand, now you are trying to get your money back from them and they will not hand it over why can't you issue a Statutory Demand against them?

I am sure someone will tell us it is not as simple as that but if they have taken money from you that they were not entitled to and you know you are entitled to your money back you could spend a very long time on these morons because they will not want to give it back and I thought that this might speed it up and concentrate their minds and if you sent them a Statutory demand surely someone higher up rather than the morons might deal with it and know that you have found out what your rights are

stapeley

HI , if life was that easy ! What we are saying is a debt is often passed on to a DCA , or in many cases sold to them . That company does then have a right to pursue the debt . They can ask nicely for you to pay up the whole amount . Or agree an arrangement with you for stage payments . If you do not pay or can not pay what they ask , they can then ask for a court to decide what you should pay . If you do not defend this action a court will find against you and may agree with the amounts requested by the creditor .This can be done without the creditor producing a true sign AGREMMENT.
If you choose to pay money to a company that asks for payment towards a debt ,without you asking for proof they own the debt is up to you . If you also do not ask if they have correct paperwork before paying anything again its up to you . To then expect to get monies back from these people is at best, expecting a miracle ! You are more likely to see ELVIS working at your local chip shop !

What is true is that if you request a true signed copy of the CCA , from either the DCA or the OC . The debt becomes unenforceable , until they produce it . If after the time scale 12 days + 1 month , a AGREEMENT is not provided ,then it becomes enforceable only by the court !

stapeley

This why so many DCA just keep on asking for money ,and never do take you to court . They no that without a true and correctly signed Agreement the account is unenforceable .

moonlightpjs

stapeley wrote: »

What is true is that if you request a true signed copy of the CCA , from either the DCA or the OC . The debt becomes unenforceable , until they produce it . If after the time scale 12 days + 1 month , a AGREEMENT is not provided ,then it becomes enforceable only by the court !

Actually, sorry but thats not strictly true a DCA/OC can at any time produce a CCA and if it is a true CCA then the debt then becomes enforcable again. It doesnt mean that only a court can enforce it. This is why it is so important to report them if they committ an offence by not providing the CCA within the given timescale, ie 12+2+30 days, as if you do report them they stand to be fined, a black mark against against their credit licence and the *possibility* of the debt being written off.