Cca Requests Updates Please

melie3

not sure if i need to start my own thread, but 6 months ago i asked for my CCA with marlin dca. i never heard anything then they start writing me letters again. i made a formal complaint to them for not supplying the CCA. today ive received a letter from them stating the 'Rankine vs American express' case. i see this case is nothing like my own finances, im not in finacial services, i havent squirmed out of any debt, and indeed dont intend to, i simply requested my CCA as they have kindly added £1700 onto my debt, and want £500 in repayments every month. im quite scared now, as i cant see how i can deal with these people, without the good ol CCCS fighting my corner(i did have CCCS but due to mortgage arrears, i had to pull out, but glad to say only now £700 in arrears, so will be there sometime early next yr)

has anyone any advice, i sure could use right now from you guys

blind-as-a-bat_2

Yes, ignore them, they cannot enforce any agreement while in default of a CCA request.

The rankine case is bad law, and is a flawed judgement, in fact the judge refered to to sections of the cca ACT that don actually exist apparently

Any costs added while the account is in dispute are unlawfull, so they can add what they like, but will have to be removed if they wished to take you to court, or the claim would be void as the amount would be incorect as it included amounts they wheere not entitled too.

Of course while the default of you CCA request continues, this is a full defence in law

swt61

stapeley wrote: »

No one will say 100% , it is down to the Judge if goes to court . All you can do is stay firm and insist it does not comply . They will try to baffle you , but even the DCA are unsure about enforceability. They will try to bully you, but in many cases they withdraw the case at the last minute .

O.k Thanks Stapeley:D

Simon

themagics

we applied to court when marlin issued a stat demand the judge set it aside as the amount they were asking for was £1000 more than the original debt we are still waiting for a response from them

blind-as-a-bat_2

melie3 wrote: »

not sure if i need to start my own thread, but 6 months ago i asked for my CCA with marlin dca. i never heard anything then they start writing me letters again. i made a formal complaint to them for not supplying the CCA. today ive received a letter from them stating the 'Rankine vs American express' case. i see this case is nothing like my own finances, im not in finacial services, i havent squirmed out of any debt, and indeed dont intend to, i simply requested my CCA as they have kindly added £1700 onto my debt, and want £500 in repayments every month. im quite scared now, as i cant see how i can deal with these people, without the good ol CCCS fighting my corner(i did have CCCS but due to mortgage arrears, i had to pull out, but glad to say only now £700 in arrears, so will be there sometime early next yr)

has anyone any advice, i sure could use right now from you guys

Quote this in a letter back to them

Taken from Sir Andrew Morrits Judgment in the Court of Appeal in the Wilson & First Counties Trust case :

“In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift,of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid;”

dino246

Had one of my cca request returned by D/c with £1-00 refund and advising me that account had been returned to Lloyds. Should I send another CCa to lloyds aor just the second letter to the D/c saying the 12+ 2 days are up ?

blind-as-a-bat_2

No need for a second CCA section 175 of the CCA act states they should have passed it on to Lloyds

175. Where under this Act a person is deemed to receive a notice or payment as agent
of the creditor or owner under a regulated agreement, he shall be deemed to be under a
contractual duty to the creditor or owner to transmit the notice, or remit the payment,
to him forthwith.

As to who you send the 12+2 notice to i would say Lloyds, but amend to reflect the above and there agents failure to follow it

Bazza66

Quiet on this thread at the mo so....

Got a letter from DLC saying they have just tracked me down at my new address so now cough up.

Do I

a) Send "Prove it" Letter
b) CCA Request them?
c) Do nothing.

Oh and their "client" is Hillesden Securities so I have no idea what/who the debt is for!

stapeley

It should be a I do not acknowledge any debt ...... prove it .

Ukevas

if you send (a) you will just end up sending (b) anyway... so just dig on with b..

You could do ( c ) but the you would not be in this DFW forum :P

as for quite.... I aint herd a peep from my DLC's since a sent off for the CCA's....

even sent them the 12+2 and still they dont want to talk no more.... ( For Now ) lol