Cca Requests Updates Please

andyathers

Hello all and a happy new year.

I have about 10 creditors and want to send off a request for the CCA,could I ask a few questions please.I am with Payplan but most creditors have been awful.I have tried my best to do the right thing but they are not playing ball .


1. What is the first letter to send (cant find it on here).
2. What is the process after that if they fail to provide.
3. Some of my debts are with DCA but they are in house ones, do I send the CCA request to the original Creditor.

Thankyou

pepe2008

andyathers wrote: »

Hello all and a happy new year.

I have about 10 creditors and want to send off a request for the CCA,could I ask a few questions please.I am with Payplan but most creditors have been awful.I have tried my best to do the right thing but they are not playing ball .


1. What is the first letter to send (cant find it on here).
2. What is the process after that if they fail to provide.
3. Some of my debts are with DCA but they are in house ones, do I send the CCA request to the original Creditor.

Thankyou

Go to www.nationaldebtline.co.uk and there is a template for the first letter on there and it is downloadable.
Send the request with £1 postal order ( Not Cheque!! ) to whoever CURRENTLY holds the debt.

Check out the above site and it gives you all the info.

NEVER sign anything to a DCA!!! The signature can be 'lifted' and re-applied.

mousehunt

pepe2008 wrote: »

If you sent your original CCA request to Lowell Portfolio and the first 14 days ( 12+2 ) expired while it was with them, then they arre responsible for providing the CORRECT CCA.....from Capital One, signed by you and Cap 1.
If the 14 days expired while with them, then they should have notpassed it on! Any other DCA that had the Account before them can be ignored, its Capital 1 that counts.

Try the 'sticky' DFW Dictionary, most links are on there. If not, 'search' them...or someone will be along with one...they are all in this thread somewhere.............not a lot of use I know

Thank you for your help it is really appreciated.

The 12+2 expired before Red Collections and the other Lowell took over the chasing at the moment letters are arriving from Red Collections and the other Lowell for the same amount.

I beleived that they should not have passed it on but I needed some clarification and which letter I need to send to them because they have not provided a correct CCA and they have passed the information on to another part of the company to continue the chasing.

As it stands at the moment, we are trying to get the PPI and some of the charges back directly from Capital One, they have made offers, but want to pay them directly to Lowell. Not sure what do there either - can we ask that the refunds be sent directly to us, and then we use the CCA to negotiate with Lowell on a reduction of the outstanding balance. Have read through so much over the last days I am not sure which is completely right and I do not want to do something wrong at this stage - just want them of our backs and get towards the debt free stage.

Thanks again for all your help

Sue

pepe2008

ask for the refund direct for you, but dont hold your breath. the charges were made to the Account in the first place.

Send the 30 day letter to Lowell Portfolio with a cover letter explaning that they are getting it served to them becasue the CCA request time limit had expired whilst they had ownership of the Account and therefore they were not allowed under the Terms of the Act to hand it on to another party.

You can send letters to the other dcas explaining the situation, this hopefully shoul encoursge them to stop their own action. you can also threaten to report ANY of them to the Office of Fair Trading or the Financial Ombudsman if they continue to Acct outside the Terms of the Act ( CCA)

if this is all a bit diff, or if you cant find templates to use, PM me, I have limited time, but I'll try to help.

mousehunt

Thank you so much for all of your help. I have found this letter

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,
Reference Number: ...........

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with ................... and has been since DATE.When .................failed to provide a true copy CCA within the
sTATUTORY 12+2 DAYS.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As ...............are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to ........... for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.
If ................................chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully

I am going to send this to Lowell Financial tomorrow.

Is there a specific way/letter/template to sent to the office of fair trading Financial Ombudsman to complain about Lowell?

Thanks again for all of your help, you are all stars on here

BlueIsTheColour

pepe2008 wrote: »

They would have got it, dont worry.
Quite often, when there are loads to one address a 'manifest' is signed detailing the individual Postal Item numbers rather than individually signing each one.
Recorded should be just £1.08......36p for 1st and 72p for recorded.

I had no acknowledgement for 2 months from BC. And when enquiring about delivery, you will prob get 'this item was out for Delivery on.....' and if then nothing is O/S it means that you can assume delivery.

Send it to the Collections Department at 1234 Pavilion Drive, Northampton, NN4 7SG.

Thanks Pepe, thats exactly what happened, although I stupidly paid for Special delivery to make sure it got there, having had trouble with recorded before.....

I guess its just a waiting game now, I have also complained about them to FO so will be interesting to see what happens...

Absolut_Wench

Thanks to everyone on this thread for their helpful advice as regards the DCAs who are busy hounding my brother.

Is there any redress for someone who believed a DCA when they said "you owe us £XXXX" and paid up without consulting his big sister first? :mad:

My brother and his wife were being bothered by a DCA early in the year about an old debt (I never found out what is was, or who it was with) and they fell for the DCA trick of offering a discount on the debt if they coughed up immediately. I think it was roughly £500 :mad:

Anyway, when I found out (several months after the event) I could have slapped him for being so daft. I have since found out (from his credit record) that the DCA was our old friend Activ Kapital, but I have no record of on whose behalf they were collecting the debt.

Is there any way of finding out from AK what the alleged debt related to, and checking if it was genuine? Or should we just leave it, and call it an expensive learning point?

They are terminally short of cash after recently having a baby (her!) and a big operation (him!), so any chance of a refund would be grabbed with both hands.

Many thanks in advance.

stapeley

Broken_hearted wrote: »

Problem is whether it has been sold on or not. No-one has contacted us all we have is some snotty oink from BOS saying they have and refusing to put anything in writing. If Halifax have to pay a fine and the money back to whomever they may have sold it to they have no-one to blame but themselves.

The point I HAVE TRIED to make to you is that IF a creditor does not ensure that the proper procedures are followed ,be it incorrectly executed paperwork , In your own words "they have no-one to blame but themselves". I believe they do not want to admit they can not find a copy of the CCA for your account . I therefore see no reason for you to feel morally obligated to pay any new company that comes out of the woodwork demanding payment .

GeorgeUK

Wench, the only way he may get money back is if the debt was not his in the first place. He could send a subject access request to the DCA and they will need to provide a copy of all the information and documents they hold that relate to him. This costs £10 though.

If he has had bank charges, has he reclaimed these yet?

BlueIsTheColour

Well have had a letter from Royal Mail today confirming that my letter to BC was delivered on 31st so thats good enough for me, was worth the complaint! Lets see if we hear from them by the end of next week.....

Daft question alert, if I dont hear from them by then, what can I then do? :rotfl: My Mum has suggested that she may be able to lend me the money to help clear some debts, assuming they dont have the enforceable-ness what would be realistic to offer them as F&F on it? My balance is just under £6k

Thanks everyone for all your help in this thread:T