Cca Requests Updates Please

stapeley

debtman2007 wrote: »

Hi Stapely,
sorry, is that the letter i need to send?

no , look back on thread there will be a link to the default letter .

Bazza66

debtman2007 wrote: »

Need some more advice on what to do next.

The CCA request has now passed the 12+2+30 stage. IS there another letter i need to send them?? not sure where i go from here.

Thanks

Debtman - have a look at this post

http://forums.moneysavingexpert.com/showpost.html?p=11635955&postcount=7

Not sure how the criminal offence bit is now since its been dropped. hopefully someone will be along to answer this.

Bazza66

cocker100 wrote: »

Hi all, need some advice as to my next move!

Sent a CCA request off to 1st credit DCA a while back. They eventually sent me back an edited version of it. Replied saying that I required UNEDITED version. To date have got nothing else back and the 12+2+30 days are up in one weeks time. I've stopped paying them and have now received a letter saying that cos I have not paid they are starting legal proceedings.
Anyway, the edited thing that they have sent me is the original application form with banking details and ppi option box omitted. It all looks really basic and hardly contains any terms and conditions. However, there is no signature for the creditor anyway on it, only a date stamp and this is not in the box where they are meant to sign.
Does this look like it might be unenforceable in court? I want to reclaim ppi payments on this card as it would completely wipe out the defaulted balance.
Any advice greatly appreciated as always,

Cocker

Have a look at this post for validity of a CCA.

http://forums.moneysavingexpert.com/...&postcount=664

swt61

Hi all,

i ahve been reading this thread with great enjoyment to see some of the results & advice that people have been getting here !

I have started my own CCA Requests from the following companies:-

Apex credit mangement sent 15/10/08 delivered 16/10/08 letter from thenm on the 19/10/08 sayoing that I need to direct it to the O.C which was HBOS.

So HBOS cca request sent on the 21/10/08 delivered 21/10/08

Westcott sent 15/10/08 delivered 17/10/08 letter from them on the 22/10/08 saying I need to ask the original creditor Lloyds tsb. So sent letter to Lloyds Tsb on the 27/10/08 no delivery proof as yet.

G.E capital bank request sent on the 21/10/08 delivered 23/10/08

Bls Collections sent 15/10/08 delivered 17/10/08.

Scott & mears sent 15/10/08 delivered 17/10/08

Nat west credit card sent 16/10/08 delivered 16/10/08

Blair Oliver & scott 2 x accounts sent 15/10/08 Delivered 16/10/08

Robinson Way? (G.E Money) sent 15/10/08 delivered 16/10/08 letter received on the 21/10/08 saying that they asking the original lender for a copy of the agreement & have placed a temp delay pending receipt of the documentation & will contact me in due course.:rolleyes:

So far that is all the correspondance that I have received apart from another letter today from Apex asking for payment or it will be passed to their solicitors so i have drafted a letter now from this forum stating that if the continue to contact me I will report them.:mad:

The 12+2 days are now up on most of them and nothing so far :-)

I will keep you all posted with any updated info.

By the Way I have been a a DMP with payplan paying off all these loans some of them for over 8 years as they are really old debts, But know after reading alll this info hear I think I need to try and Bite back afetr all the nasty tel calls etc we have had over the years with some of these DMC people.

Respect to everyone who helps us all out here,:T

Thanks,

Simon

shinyhead

Apex are talking through their bottoms about you having to request from HBOS. I suggest that you send Apex the next letter telling them it's in dispute. Some DCA's will try and wriggle out of their responsibilities but if they are the ones chasing the debt then it's they who have to cough up a CCA. Passing to solicitors is a good scare tactic but if they should follow through and try for a CCJ then the fact they can't produce a CCA is a solid defence.

Same with good old Wescott.

Doing a CCA request to the original creditor would let you see if one actually exists or not.....

Bazza66

swt61 wrote: »

Hi all,

i ahve been reading this thread with great enjoyment to see some of the results & advice that people have been getting here !

I have started my own CCA Requests from the following companies:-

Apex credit mangement sent 15/10/08 delivered 16/10/08 letter from thenm on the 19/10/08 sayoing that I need to direct it to the O.C which was HBOS.

So far that is all the correspondance that I have received apart from another letter today from Apex asking for payment or it will be passed to their solicitors so i have drafted a letter now from this forum stating that if the continue to contact me I will report them.:mad:

Interesting one from Apex - if they have been assigned the debt then I would have thought they would need to provide the CCA. If they are acting on behalf of OC then they should not have written to you after CCA request. I would be interest to see what the OC says and how that one pans out.

Congrats on the rest - I remember when I started doing my CCA requests and seeing the letters come back with "We cant and case closed" and what a weight of my mind it was.

debtman2007

Bazza66 wrote: »

Debtman - have a look at this post

http://forums.moneysavingexpert.com/showpost.html?p=11635955&postcount=7

Not sure how the criminal offence bit is now since its been dropped. hopefully someone will be along to answer this.

Hi all,

I received this letter from 1st Credit. This is for the 1st account of two i have cca'd

---

FINAL RESPONSE

Dear Mr ,

Re: Complaint
Ref :

Thank you for your letter of the 10th Oct. A copy of our complaints precedure has been sent under separate cover.

We wish to apologise unreservdly for the manner in which the matter has been conduxted.

We are fully aware that we cannot enforce a debt until teh CCA request has been adhered to,

As soon as we have recieved the copy agreement from our client it shall be forwarded to you and in teh meantime we have placed a hold on the account.

it goes on mention about complaining to the financial Ombudsman.

sincerely

Audresy Shim-Quee
Compliance Officer

Bazza66

debtman - I would still send the 12+2+30 days letter. he CCA Act 75 still states they commit an offence but I dont think anyone would ever actually follow it up. Either way it states everything and that they have defaulted. Remember its in DISPUTE after 12 days but DEFAULT after 12+30 days.

I got a similar letter back from Lowell-Life and still sent the 12+2+30 days letter. It wasnt until I sent that that I got a letter back saying the account will now be closed and I will not hear from them unless, by miracle ,the CCA turns up which I dont think they would even bother chasing.

Now in a formal complaint situation with them but thats a different matter to CCA requests but I will keep you posted.

Bazza66

Bazza66 wrote: »

he CCA Act 75 still .....

The CCA Act 94! :mad:

Bazza66

Bazza66 wrote: »

The CCA Act 94! :mad:

74!!!!!

Time for bed me thinks!