Cca Requests Updates Please

shinyhead

I sent out a load of CCA requests last week. One was to Marlin Financial Services.

Got this reply in the post today:

'Sections 77-79 of the Consumer Credit Aact 1974 states that should a true copy of the Agreement not be received within 12 days after the request then the Default cannot be enforced. This account is a terminated Agreement therefore sections 77-79 are not relevant to this action.'

It goes on to say that they've requested the information and will forward upon receipt.

I think I'm being fed Bull***t here, unless anyone knows different?

rog2

shinyhead wrote: »

'Sections 77-79 of the Consumer Credit Aact 1974 states that should a true copy of the Agreement not be received within 12 days after the request then the Default cannot be enforced. This account is a terminated Agreement therefore sections 77-79 are not relevant to this action.'

Simply not true, sh. If the account were, indeed, terminated then they would not be able to 'enforce' it anyway.
Do not be fobbed off by their statement that they are requesting the information - this is an almost standard 'ploy' by dcas to divert your attention away from the fact that if they do not provide you with a true copy of the original signed consumer credit agreement within the 12 working days, then they are in default and would need to apply to the courts to 'enforce' the agreement. At this stage you should simply state, in your defence, that you had requested the cca, and Marlin failed to provide it within the 12 working days, as prescribed by the Consumer Credit Act, 1974.
It does not matter if Marlin were the original creditor or not, in order to enforce a consumer credit agreement they must provide you with a true copy of the original cca.
After the expiry of the 12 working days (+2 to allow for postage) send them a copy of the letter, courtesy of weller711, that you will find on the following link:

http://forums.moneysavingexpert.com/showthread.html?p=7511761

You may need to edit it to suit your particular case. In the meantime, keep a copy of all correspondence that you receive, from Marlin - this could be needed, as evidence, should they commence legal action.

shinyhead

Thanks very much for that rog2, It was just as I suspected but it is very reassuring to have it confirmed.

Will now wait and see what happens next with them.:beer:

rog2

shinyhead wrote: »

Will now wait and see what happens next with them.

Don't wait - you need to send the letter, to put them into 'default. :beer:

shinyhead

Yes, thanks again, I shall be doing that once the 12+2 is up and then of course after 12+2+30 if necessary.#

What I meant about waiting is to see if they carry out a first strike.

kel123_2

I think MFS are 100% correct?

'Sections 77-79 of the Consumer Credit Aact 1974 states that should a true copy of the Agreement not be received within 12 days after the request then the Default cannot be enforced.

100% true. No arguments

This account is a terminated Agreement therefore sections 77-79 are not relevant to this action.'

Thank you and come to Daddy. Terminated means ended????? therefore again 100% true - if there's no agreement how can sections 77 to 79 apply. So why are they trying to collect money on a terminated agreement. If this is not the case then they are breaking the codes of practise by misleading and can therefore be reported to their associations.

shinyhead

Thanks kel and rog2 for your inputs.
I wondered that when I read the letter -if the agreement is terminated then that means there is no longer an agreement to pursue or enforce. Hmmm...Interesting.

momo1975

hi guys, ( and thanks to shineyhead for pointing me in the direction of this thread)
so my 12+ 2 days have expired and 2 of the DCA have sent me leters back saying that they have recived my request and will be in contact me in due course. the other hasnt. all 3 letters have been rec by them as they were sent recorded delivery.

so i need to send the letter after 12+2 or should i wait and send it as 12+2+30 and then the cant do anythign about the debt? is it important to send the first letter at 12+2?

thanks momo

kel123_2

I think they are trying 'bullsh1t baffles brains' but this poor attempt opens doors. I am by nature sarcastic and I would try sending them a letter thanking them for terminating the agrement and therefore in line with the data protection act ask them to distroy all records that they hold on me and all records other third parties that hold on me about this account! but again thats me, at the very least it would 'rattle the tree to find out what drops'

Good luck
Kel

kel123_2

momo

It's personal judgement. I think that you have to tell them that they are now in default (12 working days) but others believe that there is no need. So it's up to you!