CCA Questions. iNFO REQUIRED ASAP

mm2000

Last July I sent off my £1 and reqested RMA Resolve send me a copy of cca and statement of account. Nothing has arrived since but I had still been making monthly payments upto last month. Have I done myself any harm in not ceasing payments earlier. Today I have sent them a letter advising them I am placing the debt in dispute and will not be making any further payments until they can conform with my request. I have also, today, sent a letter to Lancashire Trading Standards, reporting the case. What can I expect from the Trading Standards.
One last thing, as I'm having a spot of bother with another Credit Card Company, can I request a copy of my CCA from them also or is this just for DCA's.
All help and advice gratefully received.

Sea78

Not sure about his - just bumping to see if anyone else knows

moonlightpjs

You can stop payments after the 12+2 days has passed if they havent supplied a CCA - you dont need to warn them but it wont harm matters if you do, they will be aware of this - though they may act dumb :rolleyes:

You may find that Trading Standards will not get involved until the 12+2+30 days have passed and the DCA are still chasing the debt. If this time limit has expired then go ahead and report them.

And yes, you can request a CCA from the OC as well as any DCA - in fact I would advise it, if you do this the OC cannot legally pass the debt onto another DCA and if they do they will have committed an offence. You are, in fact, putting the account into dispute with the OC and until they provide you with a true CCA - the account cannot be passed on. They can only pass it on if the CCA is a true, signed, executed CCA and you dont make any payments.

Edit: Sorry didnt notice that you requested a CCA last July -in that case report them if they havent provided one and stop payments straight away. You may find that they send you a letter saying you disputed the debt but still paid but pass this onto to TS along with all other correspondance.

mm2000

Update.
I've heard nothing from Lancashire Trading Standards (LTS) on this. Are they supposed to contact me or do they just "deal" with RMA Resolve. RMA have still not supplied the requested cca or the balance of account that I requested last July. RMA did however telephone yesterday whilst I was at work, even though I'd already informed them countless times in the past not to try contacting me by telephone but to write only. They want me to ring them back today. (Yeah, like that's going to happen). Who do I report them to now as it looks to me that LTS have done nothing so far.

mm2000

mm2000 wrote: »

Update.
I've heard nothing from Lancashire Trading Standards (LTS) on this. Are they supposed to contact me or do they just "deal" with RMA Resolve. RMA have still not supplied the requested cca or the balance of account that I requested last July. RMA did however telephone yesterday whilst I was at work, even though I'd already informed them countless times in the past not to try contacting me by telephone but to write only. They want me to ring them back today. (Yeah, like that's going to happen). Who do I report them to now as it looks to me that LTS have done nothing so far.

Sorry to have to shamelessly bump this so soon myself but I need a plan of action as soon as possible. Any help?

stapeley

I believe the OFT do not know their ar--e from the el--w when it comes to this matter. But hopefully if enough people complain they will get their act together ! You should have stopped playing anything once you put in your CCA REQUEST. Keep all records of your letters and payments etc. I would guess they don,t have a CCA ,but as you kept paying they were quite happy . As the account is indispute they should not make attempts to recover the debt.

Leixlip1

When I contacted Preston City Council Trading Standards about RMA they told me what I was doing was "not technically correct". I queried this and they then apologised and said I was correct and they would contact RMA about their non supplying of a CCA etc and let me know the outcome.....5 months on and I'm still waiting but RMA obviously sold the debt on as I'm now dealing with Moorcroft....who also cannot produce a CCA.

stapeley

Thats good news . Why would RMA sell a enforceable debt ? As you requested a CCA from RMA it put the account into dispute . Under the CCA , they should not pass any details to a third party . Inform Moorcroft of this ,and report RMA again .

stapeley

Complaint form available at https://www.financial-ombudsman.org.uk

Leixlip1

I have no faith in the FOS. They have just responded to a complaint I made about Barclaycard/Mercers.
My complaint was not upheld - in the FOS reply they admit that letters sent by Mercers were "misleading" i.e. they contained references to letters allegedly sent to me which they admit did not exist (they were actually messages on statements); the FOS state that Barclaycard have not sold my debt on despite me supplying them with two letters from Barclaycards Snr Customer Relations Manager which clearly state the debt has been sold; admit they made a repayment agreement with me which I kept to but they decided to cancel without telling me....I could go on but according to the FOS I am the one in the wrong! C'est la vie
Today I received a copy of a barely legible application form from Barclaycard - not quite good enough!!

stapeley

I tend to agree ,but if enough people complain they may get the message ! I am fully prepared to go to court against a DCA who have bought a account from SKY . They sent me three copies of a APPLICATION .I pointed out that no where on the form is there a section where the applicant agrees to the OC sellindg on the account to a third party ! If they are prepared to call that an AGREEMENT so be it . On that one point alone the so called AGREEMENT has been broken !