Cca Requests Updates Please

shinyhead

Hi,
When was the caalogue account opened? If before April 2007 then you can simply wait the 12+2 days and then if you wish can send the 'default' letter. Does this 'CCA' have any dates on it and do they bear any relation to the truth?

If you're being harassed then you can complain to the OFT. A more effective solution is to get call-barring enabled on your phone. You can then block their number(s) It costs less than 4 quid a month but what price for getting back in control of your phone? You can do the same with callers who withold their number. (No I don't work for a phone company!)

blind-as-a-bat_2

The good news is there stuffed as they cant use legal measures to enforce the alledged debt ( as long as it was taken out pre April 2007 as shinyhead says).

The bad news is they will still hound you even though it is deemed unlawfull for them to do so.

They will over time try passing it to a DCA but thats easy to deal with.

But all threats are empty now, but no less annoying

Unless you can get trading standerds or the like to do something then your at a stalemate.

Have you sent the "dont ring write " letter? If so you should keep a log of all calls which you can then use as evidence as unlawful herrassment.

Or just get your number changed if you can, then just save any communications they send in writting for future use if needed

dmd12577

just a quickie,
sent my CCA to la redoute, they sent back letter with a copy of something i would have signed stating this was enough info under the sec 78 along with 3 months worth of statements, account was opened back in 2000. so i then wrote back saying i was asking for a true copy of an executed agreement not something i merely would have signed or an example of it and that statements were not all up to date etc. i have had no reply from laredoute, but another debt agency Moorcroft saying they are acting on behalf of laredoute and giving me notice of intended litigation. these are the 2nd collectors sent from laredoute as i already cca'd scotcall earlier on in august but they sent it back to laredoute. so i know i have to cca moorcroft aswell now but can someone tell me have la redoute done something they shouldnt have done and passed it on after receiving a request for cca and not supplying the proper documentation?

dmd12577

another one i have going is with aktiv kapital. these are the only ones that have said they are under no obligation to provide me with what im asking but they do own my debt but have not provided me with anything to say they are entitled to pursue me for it in the form of either a notice of assignment or deed of assignment. ive had numerous rows with a guy who when provided with certain facts gives the reply IS THAT RIGHT YEH which is getting rather annoying now haha ive sent them the 2nd default letter stating they are the ones pursuing me so have to provide me with what i want, which they have stated they cant find from the previous OC but still make phonecalls 3x everyday even after me asking over phone and in letters for everything to be put in writing. ive called consumer direct to which they have now given me a ref number and told me to write one more time and after the 12 days to get back in touch if they still havent done it and they will take it from there which i cant wait till 9am 2morro cos thats the limit up. plus anyone else who is having trouble with these people, go on their website they have a code of practice they follow and go take a look, on it you will find the CSA credit service agency....and print out their complaint form cos it clearly states that under collections, they have to provide debtors information regarding their account and if informations cant be provided then cease collection activity. i have brought this to aktivs attention but they choose to ignore this also. not very nice people to deal with really when all you ask is for some info they are obliged to give. Ok had my blow off today about these people sorry if ive bored ya hehe

sweetgem1

Thank you to shinyhead and blind-as-a-bat. The account was opened in 2000, so does that mean the account is unenforcable? There are no dates on the 'CCA', for all I know they just made it last week! Should I write to them again, if so saying what?
They have already passed it on to a company called reliable collections but I think they are part of the same company because I was getting communications from both parties for a while so I don't think the debt has actually been sold.
Where should I go from here? Whats my next step legally?

sweetgem1

dmd12577 wrote: »

another one i have going is with aktiv kapital. these are the only ones that have said they are under no obligation to provide me with what im asking but they do own my debt but have not provided me with anything to say they are entitled to pursue me for it in the form of either a notice of assignment or deed of assignment. ive had numerous rows with a guy who when provided with certain facts gives the reply IS THAT RIGHT YEH which is getting rather annoying now haha ive sent them the 2nd default letter stating they are the ones pursuing me so have to provide me with what i want, which they have stated they cant find from the previous OC but still make phonecalls 3x everyday even after me asking over phone and in letters for everything to be put in writing. ive called consumer direct to which they have now given me a ref number and told me to write one more time and after the 12 days to get back in touch if they still havent done it and they will take it from there which i cant wait till 9am 2morro cos thats the limit up. plus anyone else who is having trouble with these people, go on their website they have a code of practice they follow and go take a look, on it you will find the CSA credit service agency....and print out their complaint form cos it clearly states that under collections, they have to provide debtors information regarding their account and if informations cant be provided then cease collection activity. i have brought this to aktivs attention but they choose to ignore this also. not very nice people to deal with really when all you ask is for some info they are obliged to give. Ok had my blow off today about these people sorry if ive bored ya hehe

You didn't bore dmd12577, in fact I was wondering where you were getting the default letters? Did you write them yourself or are there templates somewhere?

dmd12577

if im correct Reliable collections is an in house collections agent for either fashion world or simply be or one of their sister companies under JD Williams sweetgem1. My experience with some catalogues which makeup most of my debt have taught me that they will send out just a bog standard credit agreement they have to hand stating this is what you would have signed. since you took it out in 2000 the rules still apply to the 1974 act not the new ammended 2006 and they have to provide you with a true executed agreement under sections 77-79 under running account credit. i have no letters to hand im not on my own pc where ive got tons but im sure one of these guys here will show you the right letter to write back to them. goodluck x

GeorgeUK

Hi dmd

You sent the CCA request to laredoute, but was it unenforcable when Moorcroft got in touch? (ie 12+2 working days had passed) If so then the debt was officially in dispute and they should not have passed on the debt to Moorcroft. There are letters you can send which i believe are on page 2 of the letter template thread. (Also post 8)

sweetgem, you should have a look at post 7 and possibly also the detailed info on CCA requests.
http://forums.moneysavingexpert.com/showthread.html?t=963087

details - http://forums.moneysavingexpert.com/showthread.html?t=578486

dmd12577

got this from another link...Send this letter after the 12+2 days if you have not received a CCA but they are still bothering you.

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (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.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


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 also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

dmd12577

I dont think it was enforceable no George... i sent my first cca to scotcall who was collecting on behalf of laredoute on the 5 aug 2008, then to la redoute on the 19th aug, then 12th sept i got letter with an example agreement then i replied on the 18 sept, and have had moorcroft take over and theirs is dated 30 sept. I was thinking that since id wrote to laredoute to say they havent given me what i wanted they should at least be dealing with it themselves but i guess not huh ill just have to get the stationery out again haha