Cca Requests Updates Please

Bazza66

Did you send the 12+2 days letter first?

classy

Bazza66 wrote: »

Did you send the 12+2 days letter first?

The letter I sent gave them 12 working days to supply the credit agreement- hope this helps

classy

stapeley wrote: »

Did you send a default letter after the 12+30 days?

No I don't know what this is , sorry

Bazza66

classy wrote: »

The letter I sent gave them 12 working days to supply the credit agreement- hope this helps

Thats the original request for them to produce the CCA. After 12+2 (working days) you need to send the following...

http://forums.moneysavingexpert.com/showpost.html?p=11635945&postcount=6

Bazza66

Has anyone ever taken a DCA to small claims to retrieve any payments already made to the DCA when they have failed to provide a valid CCA?

I was looking at https://www.moneyclaim.gov.uk/csmco2/index.jsp to issue a small claims against Lowell who have not responded after my 12+2+30 letter.

Absolut_Wench

Apologies for the long-ish post, but I'd appreciate some help/advice.

I'm helping my brother with letters to a DCA as he is being bothered via phone for an old debt. I'd appreciate any advice, as I've never done this before and would hate to mess it up for him.

To start, thanks for the template letters :beer: I'd never have known where to start without them.

His story:

Took out a credit card with HSBC in 2006.Brother was living with his then girlfriend, they took out a joint bank account/credit card, everything was lovely. Then they split up and she went mental with the credit card and joint bank account. They went their separate ways, bro buried his head regarding the debts, and eventually moved house as he had met a new lady (now his wife).

Didn't hear anything from HSBC until about six months ago, when a DCA phoned to offer a 'special discounted rate' to pay off the bank account overdraft/charges run up by the ex-girlfriend. Brother and his wife panicked and paid off the debt immediately ... I could have banged their heads together when I found out, several months later! :rolleyes:

Fast-forward to June this year, when he received a letter (plus half a dozen phone calls) from Apex Credit Management offering a discount on a HSBC credit card debt. This was the first he'd heard regarding the credit card debt.

He asked my advice, and I suggested telling them to contact by letter only, the next time they called. Then I got onto MSE and found the template letters.

We wrote the first letter, not acknowledging any debt and requesting the CCA and deed of assignment. The 12 + 2 days passed with no reply, so we wrote the second letter reiterating the request - no reply received within the deadline.

Almost three weeks after the deadline had passed, my brother received the CCA. I believe its genuine. There is no deed of assignment, but a sharp note from the DCA demanding he phones them immediately to discuss the repayment of this debt.

So, my question is, what next? He knows he owes HSBC money, but disputes the amount. He has received no information to suggest Apex are authorised to demand repayment - is this where the deed of assignment comes in? Reading fermi's post (copied below), I think they need to provide this information before he gives them a penny.

fermi wrote: »

If a DCA buys (is "assigned") a debt instead of acting on behalf of the original creditor, then under the Law of Property Act you must be served with a "notice of assignment". If that has not been done then the DCA has no right to collect the debt.

If the DCA is simply acting as the "agent" of the creditor then they don't need to, but it should be clear that they are only collecting on their behalf.

In addition, as they haven't provided the required information within the defined timescale, are they prohibited from enforcing the debt?

I am in the process of reclaiming charges on both accounts and PPI on the credit card. In the event he wins these reclaims, he is happy for the refunds to be applied to the outstanding debt.

So ... I'm not sure what to do next

Many thanks.

frazzmunch

received replies to cca requests to moorcroft and imperial solutions i sent on 22nd.....moorcroft have put account on hold (they want to know what information i will be providing when giving evidence to court!! don't think i'll be doing anything of the sort!!) and imperial solutions are 'no longer dealing with account'.....:j

EDIT...just checked my bank account and imperial solutions cashed the £1 cca cheque!!

money_back_3

fermi wrote: »

If a DCA buys (is "assigned") a debt instead of acting on behalf of the original creditor, then under the Law of Property Act you must be served with a "notice of assignment". If that has not been done then the DCA has no right to collect the debt.

I had a mbna cc which they sold to DLC i have a notice of assignment but can some one tell me if they need the cca with there name on to make the debt forceable. DLC brought the debt in 2004.

This dca are doing my head in, they must be one of the worst to deal with.

Bazza66

My understanding is that the CCA will be under the OC (original creditors) name.

If they cannot supply it then they cannot enforce the debt. Have you sent the CCA request letter? If not I would send one off. Make sure you send a postal order for £1 and NOT a cheque. Not wishing to say anything incorrect here but I understand some DCA have been known to scan you signature off your cheque for their use.... alledgedly

blind-as-a-bat_2

Absolut_Wench wrote: »

Apologies for the long-ish post, but I'd appreciate some help/advice.

I'm helping my brother with letters to a DCA as he is being bothered via phone for an old debt. I'd appreciate any advice, as I've never done this before and would hate to mess it up for him.

To start, thanks for the template letters :beer: I'd never have known where to start without them.

His story:

Took out a credit card with HSBC in 2006.Brother was living with his then girlfriend, they took out a joint bank account/credit card, everything was lovely. Then they split up and she went mental with the credit card and joint bank account. They went their separate ways, bro buried his head regarding the debts, and eventually moved house as he had met a new lady (now his wife).

Didn't hear anything from HSBC until about six months ago, when a DCA phoned to offer a 'special discounted rate' to pay off the bank account overdraft/charges run up by the ex-girlfriend. Brother and his wife panicked and paid off the debt immediately ... I could have banged their heads together when I found out, several months later! :rolleyes:

Fast-forward to June this year, when he received a letter (plus half a dozen phone calls) from Apex Credit Management offering a discount on a HSBC credit card debt. This was the first he'd heard regarding the credit card debt.

He asked my advice, and I suggested telling them to contact by letter only, the next time they called. Then I got onto MSE and found the template letters.

We wrote the first letter, not acknowledging any debt and requesting the CCA and deed of assignment. The 12 + 2 days passed with no reply, so we wrote the second letter reiterating the request - no reply received within the deadline.

Almost three weeks after the deadline had passed, my brother received the CCA. I believe its genuine. There is no deed of assignment, but a sharp note from the DCA demanding he phones them immediately to discuss the repayment of this debt.

So, my question is, what next? He knows he owes HSBC money, but disputes the amount. He has received no information to suggest Apex are authorised to demand repayment - is this where the deed of assignment comes in? Reading fermi's post (copied below), I think they need to provide this information before he gives them a penny.



In addition, as they haven't provided the required information within the defined timescale, are they prohibited from enforcing the debt?

I am in the process of reclaiming charges on both accounts and PPI on the credit card. In the event he wins these reclaims, he is happy for the refunds to be applied to the outstanding debt.

So ... I'm not sure what to do next

Many thanks.

First things first the DCA must provide a notice of assignment, not deed, to prove they have a right to collect the debt, if a CCA has been provided then together with the NoA then yes they can collect the debt BUT, if your disputing the amount that also puts the account in desput, and under the OFT guidelines for debt collectors that also means they cannot collect the debt until that dispute is sorted.

If you started reclaiming before the date on the NOA (if you get one) you can claim that NOA and therefore the Deed of assignment to be null and void as it was made while the account was in dispute if started while the debt was with the OC