Cca Requests Updates Please

shinyhead

hi mm1975. Glad you found the thread.
Acknowledgement of your CCA request letter does not re-set the clock as it were. But keep these as they provide further confirmation that your request has been received. It seems nice of them to respond but I'm sure it's simply to try and throw you off.
If, as you say, the 12+2 working days limit has expired then I suggest you send the next letter off that puts them into default. Some say the additional letters are not necessary as the time limits are automatic and the agencies you're dealing with should know that. But I would as it's nice to pile a bit of pressure back onto these people for a change! If you looked down the thread you'll see I'm now waiting for 12+2.

I'm still not completely sure how it works if a valid CCA turns up eventually. Can anyone shed some light? (Let's assume that it's less than 6 years so statute barring can't then be quoted).

rog2

shinyhead wrote: »

I'm still not completely sure how it works if a valid CCA turns up eventually. Can anyone shed some light? (Let's assume that it's less than 6 years so statute barring can't then be quoted).

The 12+2 letter, whilst not essential, is particularily useful if the creditor/dca is still 'chasing' or trying to divert your attention away from the fact that you have, as is your legal right, requested the cca.
It is, however, essential to send this letter if, as is so often the case, the dca passes on your information to a third party, usually another dca, who will take up the cudgel.
If a true copy of the original signed cca turns up, even after the expiry of the 12+2+30 days, the agreement can be enforced only if a Court Order is obtained. Should it happen, then the 'debtor' should inform the Court that he had requested the cca, but that it was not provided within the time span allowed for by the Consumer Credit Act 1974. Whilst the final decision as to whether, and how, the agreement is enforceable will rest with the court, it is more than likely that the court will consider the agreement to be 'irrideemably unenforceable'.
Basically speaking, the creditor or dca would have to have a pretty good reason to convince a Court that the agreement should be enforced.

andrewman

I sent cabot the second letter informing them of their requirement to supply me a true copy of credit agreement. This was emailed to cabot on saturday, hopefully they will acknoledge receipt on monday, i have an hard copy incase they say not received, hard copy of emails contain details of who email is from, who it was sent to,and date+time of sending. Lets see if they come up with more excuses like last time,i am going to enjoy challenging them on points of law. hope everybody else takes the advice given on this forum,do not let DCAs push their luck and try and ignore your request. goodluck to all.:D

bentalls

Afternoon all... Does the DCA have to send a copy of the deed of assignment if requested? Clarity have sent the CCA as asked, which all looks in order, but no deed of assignment. I'm not quite sure how to proceed now...

rog2

andrewman wrote: »

I sent cabot the second letter informing them of their requirement to supply me a true copy of credit agreement. This was emailed to cabot on saturday, hopefully they will acknoledge receipt on monday, i have an hard copy incase they say not received, hard copy of emails contain details of who email is from, who it was sent to,and date+time of sending. Lets see if they come up with more excuses like last time,i am going to enjoy challenging them on points of law. hope everybody else takes the advice given on this forum,do not let DCAs push their luck and try and ignore your request. goodluck to all.:D

You should, even must, back up your email by sending them a hard copy, am, and make sure that it is 'signed for'.

rog2

bentalls wrote: »

Afternoon all... Does the DCA have to send a copy of the deed of assignment if requested?

Yes they must, bentalls. This subject was dealt with, in some detail, on this forum a few months ago - I'm trying to find a link, to point you in the right direction.

bentalls

Thanks, Rog2, I thought I had seen something on it, but I'm b*ggered if I can find it!

rog2

bentalls wrote: »

Thanks, Rog2, I thought I had seen something on it, but I'm b*ggered if I can find it!

The following thread has some information, although I'm sure there is more:

http://forums.moneysavingexpert.com/showthread.html?t=715871

Also found the following, on the consumer action group website:

http://www.consumeractiongroup.co.uk/forum/legal-issues/133108-deed-assignment-2.html#post1445644

There is a lot of confusion, although the general consensus, even by the courts, is that a creditor/dca who has 'purchased' a debt, must prove their right to pursue the said debt, by providing, on request, a copy of the deed (notice) of assignment.

I will dig deeper.

bentalls

You are an absolute star - I really appreciate your help, thank you!

momo1975

hey guys thanks for the advice, I'll send the 12+2 letter tomorrow via recorded delivery and let them know that they are in defualt, and I'll keep u all updated! cheers momo1975