Cca Requests Updates Please

shinyhead

That's exactly what they want you to be CS79.

I'm no expert but it seems to me that they're trying to pressure you. To most people litigation is a frightening word in itself. Perhaps Rog2, Stapeley or Fermi could shed some light.

If you can however I would suggest you take the short application form they sent you to the CAB and check its legal standing. If they say it's not legal then you can tell them to shove it.

TakeittotheLimit.

The key word here is `application`I would hazard a guess that you sent off a mailshot application form(and thats what they`ve sent back) and in most cases they are unenforecable as they don`t have the correct terms on them.

fermi

This "application" may well not be valid and enforceable, but I have seen some are.

It is not always safe to assume that application = unenforceable.

stapeley

rog2 wrote: »

No, stapeley, they have dropped it because they could not legally enforce it.
It is often the 'smaller' debts which dcas attempt to chase without the correct authorisation or paperwork - often because there is less chance that an 'alleged debtor' will query what looks like a 'small amount'. Multiply bentall's £323 by a couple of thousand similar debts that Moorcroft would be 'chasing' at any one time and it soon begins to look 'worthwhile'.

Very well done, bentalls, for sticking to your guns.

Yes I agree that people often just pay these small amounts to avoid the hassle . Just read a thread where the person said they had a letter out of the blue from a DCA. They ended up phoning the company even though they were unsure where the alleged debt came from. Paid up a couple of hundred pounds with debt card . Two weeks later they had a phone call from a differant DCA they ended up paying them something too. ABSOLUTE MADNESS!

rog2

shinyhead wrote: »

If the 12+2 time limit is exceeded and in the meantime you get a CCJ summons and non-receipt is your defence argument, how do you stand if it arrives before the hearing?

You should state, in your defence, that you were either unaware of, or disputed, the debt. In order to clarify your position regarding the 'debt' you requested, as is your right under the terms of the Consumer Credit Act, 1974, a true copy of the original signed consumer credit agreement. The creditor/dca did not provide this, within the legally prescribed 12 working days, therefore putting themselves into a 'default' situation. Instead they commenced legal procedings, by the issue of 'this' county court claim. These proceedings were commenced AFTER the expiry of the 12 working days, that the act allows. The Creditor/dca has, since (give date) supplied a copy of the cca, but you have not, yet had time to verify if it is, indeed, a true copy of the original cca. (IF you agree that it IS a true copy of the original cca, simply state that the timing of the LATE provision of the cca, and the issue of the county court summons, has not yet given you sufficient time to assess, and make, any offer of payment).

If by the time you go to court and no cca has turned up, and by now its past 12+2 or even 12+2+30 and the claimant cannot produce either, does maintaining payments to OC or DCA go against you? Is the judge likely to accept that paying these has been an admission?

Once the 12 working days has expired (12+2) then the creditor/dca is 'in default'. If you have been making payments, then you should cease making payments at this stage. It is, now, up to the Court to decide whether or not the agreement is enforceable, and you should point out to the court that, by not providing the cca within the additional 30 days of 'putting themselves in default' the dca has, also committed a criminal offence.

Hope that helps.

shinyhead

Thanks Rog2 very helpful.

stapeley

Some would put in a counter claim for monies paid to the DCA .

ailsajayne27

do I just write to my creditors and ask for CCA? I'm on a DMP but am about to drop my payment due to pay cut so think it might get a bit hairy again! Would be good to know also will my CCA prove if I signed up for insurance on a loan or not? I normally refuse insurance due to work contracts (ie wouldn't be covered as would have come to end of contract rather than redundancy) so I want to know if I can get that retracted and get the money back! I can't remember if they told me I had to have ins to get the loan. This was in 2006, would it have been legal for them to say this to me? Am very confused

bentalls

Hi all... Had a reply from the CCA request to Clarity. They have provided the CCA now, and it all looks in order, which is fine. My question would be, they have not provided the deed of assignment (as also requested), so is there anything I need to do about that? Thank you

bentalls

*shameless bump*