DCA CCA Request

abitworried

Hi

I am in the process of request CCA's from some of my DH's creditors and we received the following response from one of them today, could anyone please give me some advice as to whether this is true or not?.....

"We are not the original creditor and did not provide you with the original credit facility. We purchased your outstanding debt balance and the right to collect that balance including interest in accordance with your original agreement. We did not purchase your actual agreement so we have no obligation to provide you with a copy of that agreement under Section 78 (1) of the Consumer Credit Act 1974 (CCA)."



Many thanks in advance.

RAS

What sort of credit is it that you are requesting the CCA for?

abitworried

It's a Sainsburys Credit Card.

RAS

Simple then

No CCA = no debt = do not pay.

They are obliged to provide this whether or not they are the original creditor.

wriggly

Section 78(1) says "The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of 15 new pence, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a) the state of the account, and
(b)the amount, if any, currently payable under the agreement by the debtor to the creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor."

Since they are the creditor, they appear to be obligated to give you a copy of the agreement (assuming you paid your 15 pence).

For your info, Section 78(6) says: "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."

abitworried

So the above statement is an outright lie then? How can they get away with that? Thanks for the reply by the way! x
P.S I sent them a quid uncrossed postal order and they've kept that!!

RAS

When did you send the CCA request?

wriggly

I'd suggest you check the details with CAB, but I don't see how anyone could purchase the right to collect a debt without purchasing the actual agreement. Otherwise, how would they be able to enforce the debt in court? Of course, I am not a lawyer...

abitworried

letter I sent was dated 12th feb....

RAS

So the 12 working days is up. And the 2 extra days will be up early next week.

You could send them a default letter next week, but you could also wait another 30 days and send them a complete bog off, not paying letter.

RAS

One bogoff letter courtesy of weller.

Allow 12 working days after they received the letter and then another 30 calendar days after that expired before you send this letter. Since you are after your money back, I would give me one or two days "grace", so that there are no loop-holes.

Alter the letter to include both dates and best of luck.

And make sure you have stopped any payments.

ras




Dear Sir/Madam

Re:−
Your Client Ref:



I refer to my letter dated (enter date) which was delivered via Recorded Delivery to your offices on (enter date).

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the (enter date) I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time (enter DCA name) purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on (enter date) and (enter date) respectively.

As you are no doubt aware, Section 78(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.

Therefore on (enter date) this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to (enter DCA name).

I require the following action from (enter DCA Name) :

1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by (enter DCA name). Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.



4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force (enter DCA name) or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.


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 look forward to your reply within 14 days to resolve the matter amicably.


Yours faithfully