Cca Requests Updates Please

stapeley

The time scale is 12+ 2 to be in dispute another 3O for default .

Bazza66

Slipperyslope wrote: »

Will send the 12+2 letter in that case.

Stupid quesiton though - the part of the letter which states "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" -

Is the date to be taken from when the CCA letter was sent or from the date that they defaulted?

Its 30 days since the 12+2. So 44 days since the date of your original CCA request.

Bazza66

Also remember to put on the letter

I do not acknowledge any debt to your company

I put this on all my letters I send to DCA's now.

stapeley

Does anyone know if Cabot purchase bad debts from hbos? Or act as agents ?

Bazza66

stapeley wrote: »

Does anyone know if Cabot purchase bad debts from hbos? Or act as agents ?

Looking at this thread

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/53161-bank-scotland-cabot.html

it appears they purchase.

blind-as-a-bat_2

stapeley wrote: »

Does anyone know if Cabot purchase bad debts from hbos? Or act as agents ?

you should be served with a notice of assignment if a company buys the debt, until that is served they cant collect, BUT the trick is what is classed as served.

If you have moved in the last few years it may have been [STRIKE]purposly[/STRIKE] accidently sent there. Or they will claim it has been sent, whether it has is anyones guess

Just refuse to talk to them until you have a copy, thats assuming its not subject to a default CCA from the OC, if so they cant assign it to anyone without breaching the CCA Act

Bazza66

blind-as-a-bat wrote: »

you should be served with a notice of assignment if a company buys the debt, until that is served they cant collect, BUT the trick is what is classed as served.

If you have moved in the last few years it may have been [strike]purposly[/strike] accidently sent there. Or they will claim it has been sent, whether it has is anyones guess

Just refuse to talk to them until you have a copy, thats assuming its not subject to a default CCA from the OC, if so they cant assign it to anyone without breaching the CCA Act

Thats useful info Blind-as-a-bat.

So am I correct in saying that if they cant prove I have recieved a Notice of Assignment from the DCA then they cant touch me for a debt? I have Lowell-life on my back for a very old (9 month short of 6 years) overdraft which I believe (and currently finding out) that HSBC had written off. They claim they had send a NofA but I have never recieved one. Guess they just trying it on - no suprises there then!

adamandmaz

Hi

Im having a bit of a nightmare with Mercers(original debt with Barclaycard), I am with payplan, 3 months now, but mercers still refuse to accept the monthly repayments to them.

They are constantly on the phone (8am this morning!) my partner has expalined to them our situation and they still refuse to accept this.

I rang payplan who advised me just to ignore them, as we only owe them a small amount £380.....the guy told me that they will just have to accept what we are paying them.

So I have sent them as from today a CCA request...

blind-as-a-bat_2

Bazza66 wrote: »

Thats useful info Blind-as-a-bat.

So am I correct in saying that if they cant prove I have recieved a Notice of Assignment from the DCA then they cant touch me for a debt? I have Lowell-life on my back for a very old (9 month short of 6 years) overdraft which I believe (and currently finding out) that HSBC had written off. They claim they had send a NofA but I have never recieved one. Guess they just trying it on - no suprises there then!

The thing to remember is in any legal action it is the claiment that must prove what they say is true, not the defendent that must prove they are lying. Although it is down to the defendent to bring the claiments claims into question.

Thats in an ideal world and a judge may allow leeway as civil cases dont have to be proved beyond doubt, but the long and short of it is, although overdrafts dont require a CCA, theye still come under the act,s rule,s that you must default and be served a default notice before the debt can be demanded in full or assigned to a third party, that third party then must serve you with that NOA before they attempt to collect, if the OC cant prove the first, and the assignee the second then they will strugle in court, and it may well pi$$ the judge of enough to throw it out, but its not as strong position as a them not having a valid CCA would be

blind-as-a-bat_2

adamandmaz wrote: »

Hi

Im having a bit of a nightmare with Mercers(original debt with Barclaycard), I am with payplan, 3 months now, but mercers still refuse to accept the monthly repayments to them.

They are constantly on the phone (8am this morning!) my partner has expalined to them our situation and they still refuse to accept this.

I rang payplan who advised me just to ignore them, as we only owe them a small amount £380.....the guy told me that they will just have to accept what we are paying them.

So I have sent them as from today a CCA request...

They are also breaching the OFT guidelines http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

But getting any complaint acted on is the fun bit, but you could always have a word with TS about there actions and give it a go