Lets All Ask For Our Cca!

nomoneynomoney

I know that they could take this action anyhow and I guess I just have to be prepared to deal with the consequences

rog2

nomoneynomoney wrote: »

I am really worried that if I send these requests that the creditors will decide to issue a statutory demand and then follow it upwith a bankruptcy petetion. I've read that if they don't supply the cca then the debt is unenforceable - but what if they do have it and decide to take further action. Has this happened to anyone????

IF, and I say IF, one of your creditors does decide to petition for your bankruptcy, the bankruptcy order would only be applicable in the UK. If you have no seizeable assetts, in the UK, then you would receive an 'indeterminate' bankruptcy period - meaning that you would be 'dealt with' on your return to the UK.
The main reason that I do NOT think that one of your creditors is likely to petition for your bankruptcy, knowing that you do not reside in the UK is that that particular creditor will have to pay the Court Costs (£590.00) plus associated solicitors' fees (probably a further £1000.00) up front, and with no guarantee of getting them back from you. Equally, that creditor would NOT gain any preferential status, by petitioning for your bankruptcy, and would have to 'stand in line' with your other creditors.
And finally - IF a creditor were to petition for your bankruptcy, then he would no longer be able to, legally, contact you directly to discuss your 'debt', nor pass the 'debt' on to any other dca.

nomoneynomoney

Thank you so much.
I've made the call to get the postal orders sent

stapeley

HI returned from hols , no CCA,s in post . Another copy of a application form , same as prevously supplied .So doubt if they can find one !

stapeley

Hows everyone gettin on with there requests?

stapeley

Recieved yet another copy on an application form , thats 3 copies DCA have sent me now. Still no AGREEMENT . Reading the application form , there is no mention of an acceptance by the applicant , to the OC selling on the account to a third party! On that point alone , I believe the OC have broken the terms of any agreement that maybe so implied by this application form !
I strongly believe a court would throw out any claim by a DCA , if they took this application form to court !

stapeley

All three CCA requests have now exceeded the time limit . One account sent back to OC , DCA no longer dealing with it . One sent only a copy of application form . Other one have gone to OC for CCA , but still waiting .

stapeley

Composing a reply to the DCA who sent 3 copies of a Application form.

Dear SIR/MADAM,

Thankyou for the third copy of an application form ,in response to my CC Agreement request . I will now presume that this is the only paperwork you have.
Can you please clear up afew questions I have ?

Firstly, could you please point me to the section on the form supplied where the APPLICANT agrees to the Original Creditor selling on the account to a THIRD PARTY .
Secondly, point out where the credit limit is shown, as required to conform with the CC ACT .
Thirdly , The signature of the O C . As again required by the CC ACT .

These are just a few point s where the form you have supplied in response to my request for a CCA fail .
I look forward to to your reply with great interest .

nomoneynomoney

Hi Stapeley
Hope you enjoyed your hols.I have a question

When the DCA sends the account back to the orginal creditor do I have to CCA request the original creditor or just send a copy of the original CCA request that I sent to the DCA.
When do I stop paying them. I've never payed the DCA and always paid the OC even though they tell me not to.
Cheers

stapeley

Why are you paying anyone ? Could be OC have not got a correct copy of a AGREEMENT . I would wait and see if they get in touch , and maybe keep senting a token payment ,keep a record . Same thing happened to me DCA no longer dealing with account , sent back to OC .