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Cca Requests Updates Please

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  • System
    System Posts: 178,342 Community Admin
    10,000 Posts Photogenic Name Dropper
    kel123 wrote: »
    If you sign it and send it back they have a true cca! How many days has it run since the first letter and yes! I hope I have the same out come
    I sent it on 31/3/08, I'm sure you will, I've had 2 from 2
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • kel123_2
    kel123_2 Posts: 476 Forumite
    So 6 working days - I think you still have to wait the full time scale and send the relevant letters as required just to be sure
    June 2005 = 48K of Debt:cry:
    Sept 2006 Started dmp = 56k of Debt (inc fees and charges) DFD April 2030:eek:
    May 2008 = <5k of Debt (CCA route -48K, paid off 3K) DFD April 2010
    Nov 2008 Lloyds found CCA for 14K loan:mad: New DFD Jan 2016

    Happy so far tomorrows another day:confused:
  • Hi i've just joined and am hoping someone can give me some sound advice as i have used your forums previously, i recieved a letter from ccs collect stating that i owed money to their customer cabot financial - i do not have a clue who they are - i sent them a copy of the cca letter complete with 12+2 days response time etc and enclosed my ponud postal order - they have now replied and said that they do not have the facility to obtain my credit agreement and to contact experian and that they 'enclo' yes that was the actual spelling my po - which they didn't where do i stand now? do they have to provide me with a cca?
    Any help would be great thanks
  • Ames
    Ames Posts: 18,459 Forumite
    I'm just about to start sending off letters, but after reading this thread I've got a couple of questions.

    One of my debts is for an overdraft, it was taken out purely as an overdraft, not as a bank account which later had an od attached (it was a student account). I signed an agreement for the overdraft. Can I still use the CCA to ask for a copy of the agreement? And then presumably if it can't be provided (the debt's been sold on two or three times) the debt becomes unenforcible?

    Can I send the CCA letters to DCA's even if I've been making payments on the debt? I thought that if I've been making payments then it's acceptance of liability and so they don't need a CCA. I've got another debt that's also been sold on several times, and so I doubt they can provide a CCA either. If they can't provide one and the debt becomes unenforcible can I claim back what I've paid on it?

    Thanks for any advice, I posted my own thread about this yesterday but no one replied so I'm glad I've found this one.

    Ames
    Unless I say otherwise 'you' means the general you not you specifically.
  • andrewman
    andrewman Posts: 79 Forumite
    If after your first letter to DCAs thats 12+2 days you can send a second letter same goes if they rejected your request first time round the letter i sent to Cabot sent via email was this one,keep usual copy,12+2 days applys. goodluck.


    Dear Sir/Madam

    Re:−
    Your Ref:

    I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

    1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

    2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

    3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

    Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by , I will have no hesitation in passing your details to the Office of Fair Trading.

    As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

    Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.



    Yours faithfully

    :cool:






  • kel123_2
    kel123_2 Posts: 476 Forumite
    Mookieplops

    did you send it recorded delivery? if so then they are trying it on! If you didn't sent it recorded delivery then perhapse you need to resend it again to make sure the correct people received it or they cannot say they received it and point to the wording saying we wouldn't write letters like that. I know some on here will not like me saying this but it's a game of bluffs and double bluffs and it's a judgement call as Kenny Rogers says in his song - 'You got to know when to hold them, know when to fold them, know when to walk away and know when to run'
    June 2005 = 48K of Debt:cry:
    Sept 2006 Started dmp = 56k of Debt (inc fees and charges) DFD April 2030:eek:
    May 2008 = <5k of Debt (CCA route -48K, paid off 3K) DFD April 2010
    Nov 2008 Lloyds found CCA for 14K loan:mad: New DFD Jan 2016

    Happy so far tomorrows another day:confused:
  • thank you i didn't send it recorded delivery, i will send it again and see what they say thank you very much
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    they have now replied and said that they do not have the facility to obtain my credit agreement and to contact experian and that they 'enclo' yes that was the actual spelling my po - which they didn't where do i stand now? do they have to provide me with a cca?

    What they have told you is utter rubbish and they know that. They must supply you with the original agreement, and if that involves contacting the original creditor to obtain it then that is what they must do.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • andrewman
    andrewman Posts: 79 Forumite
    received my requested information from cabot, most of it is unreadable, due to small print.can someone explain the following,i do not understand it.

    CHRGOFF purch fees,30 oct 100
    CHRGOFF ins prem,30 oct 25.72
    CHRGOFF prch unpd fin ch, 30 oct 40.20
    CHRGOFF prch prin balm, 30 oct 170.00
    total of new transactions 335.92 cr

    signed credit agreement signiture is mine dated 5 march 2003.:confused:
  • stapeley
    stapeley Posts: 2,315 Forumite
    Any forms sent to you must be in a legible form. Write to them demanding a legible copy . Or as I am doing , point out you find the forms they sent eligable. ,and wait . I do not believe anyone in their right mind would take a form of such poor quality to court ! Go to CAG website there is great advice on there .Even a step by step guide to the court procees . THERES A LINK ON THIS THREAD .
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