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Cca Requests Updates Please

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  • stapeley
    stapeley Posts: 2,315 Forumite
    It does not matter who owns it . You can only deal with the company demanding payment . That may involve going over the same ground . I have a standard letter ready for any new DCA THAT CRAWLS OUT OF THE GUTTER , in which I state a CCA was requested on
    and that the account is still indispute . I say ing the letter any further action will result in the company being reported ,(I do not bother, but it has required affect ).
  • oscar52
    oscar52 Posts: 2,272 Forumite
    stapeley wrote: »
    It does not matter who owns it . You can only deal with the company demanding payment . That may involve going over the same ground . I have a standard letter ready for any new DCA THAT CRAWLS OUT OF THE GUTTER , in which I state a CCA was requested on
    and that the account is still indispute . I say ing the letter any further action will result in the company being reported ,(I do not bother, but it has required affect ).

    Would that still apply with it being a new credit provider rather than a DCA.?

    Ie - if you had a dispute with HBOS before they were bought by lloyds - would you continue the arguement with lloyds, or have to start again? (not that it really matters with it currently being with FOS i suppose)
    No Longer works for MBNA as of August 2010 - redundancy money will be nice though.

    Proud to be a Friend of Niddy.
    no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    oscar52 wrote: »
    Would that still apply with it being a new credit provider rather than a DCA.?

    Yes it would.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • pepe2008
    pepe2008 Posts: 5,158 Forumite
    oscar52 wrote: »
    Would that still apply with it being a new credit provider rather than a DCA.?

    Ie - if you had a dispute with HBOS before they were bought by lloyds - would you continue the arguement with lloyds, or have to start again? (not that it really matters with it currently being with FOS i suppose)

    Have a look at post No 5 here,

    http://forums.moneysavingexpert.com/showthread.html?t=1280411

    send that.
    :D:D stay wonky :D:D

    ....one-way ticket to Portugal booked !
  • oscar52
    oscar52 Posts: 2,272 Forumite
    Rog, Pepe, thank you.

    I was fairly certain that it would be the case that I could tell RBS, prove it or Whistle.

    Pepe, problem with that letter (at least I think) is that although RBS now control the account (or will soon - cant remember the transfer date) the agreement to sell (and exchange of money) was prior to my CCA request. I know this doesnt make a difference to it being enforced, but essentially, RBS owned my account at that time.
    No Longer works for MBNA as of August 2010 - redundancy money will be nice though.

    Proud to be a Friend of Niddy.
    no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date
  • stapeley
    stapeley Posts: 2,315 Forumite
    It does not matter who takes over who . The same teams of collectors for RBS , will still be dealing with it . Does not matter if Joe Bloggs now owns the bank .
  • Red1983
    Red1983 Posts: 16 Forumite
    Hi all, thank you for all of your wonderful advice.
    I recieved a copy of my CCA today from Moorcroft, the OC is Egg, taken out in 2006, so I knew my chances were slim, but figured I had nothing to loose.
    So anyway received CCA today, taken out over the internet.
    However, looking over the agreement, there is no credit limit stated on the agreement, does this make it unenforceable?

    Much Love

    Red
  • Red1983
    Red1983 Posts: 16 Forumite
    Red1983 wrote: »
    Hi all, thank you for all of your wonderful advice.
    I recieved a copy of my CCA today from Moorcroft, the OC is Egg, taken out in 2006, so I knew my chances were slim, but figured I had nothing to loose.
    So anyway received CCA today, taken out over the internet.
    However, looking over the agreement, there is no credit limit stated on the agreement, does this make it unenforceable?

    Much Love

    Red


    I also forgot to ask: I sent a postal order with the first request for a CCA asking not only for the CCA, but for ALL information held on myself, from the OC to previous DCA to Mooorcroft (present DCA).
    Although they have sent the CCA, they also returned the 10.00 postal order and did not send me any other information just the CCA.
    Are there any clauses for not sending all of the other information, and as they haven't, do you think there is a reason for this? ie; they have lost all other information, and if so would this be a breach of the Data Protection Act.

    Love again,

    Red

    thank you so much for you advice, and once I am more competent with the matters at hand I shall be in more of a position to advise others. xxxxx
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Red1983 wrote: »
    I also forgot to ask: I sent a postal order with the first request for a CCA asking not only for the CCA, but for ALL information held on myself, from the OC to previous DCA to Mooorcroft (present DCA).
    Although they have sent the CCA, they also returned the 10.00 postal order and did not send me any other information just the CCA.
    Are there any clauses for not sending all of the other information, and as they haven't, do you think there is a reason for this? ie; they have lost all other information, and if so would this be a breach of the Data Protection Act.

    Love again,

    Red

    Hi Red - are you sure that you did not send a SAR (Subject Access Request) for which the statutory fee is £10 (only £1.00 for cca request)?

    No matter - if they returned the £10.00 Postal Order this does not excuse them, in any way, from their legal obligations under the Data Protection Act. The 'fee', in both cases, is a 'Statutory Maximum' fee chargeable - there is no obligation to charge anything, but they can not charge more than £10 (SAR) or £1 (cca).

    If more than 30 days have passed, since your request, then you need to seek advice from the ICO - https://www.ico.gov.uk/Global/contact_us.aspx - as they are, indeed, in serious breach of the Data Protection Act.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Red1983
    Red1983 Posts: 16 Forumite
    rog2 wrote: »
    Hi Red - are you sure that you did not send a SAR (Subject Access Request) for which the statutory fee is £10 (only £1.00 for cca request)?

    No matter - if they returned the £10.00 Postal Order this does not excuse them, in any way, from their legal obligations under the Data Protection Act. The 'fee', in both cases, is a 'Statutory Maximum' fee chargeable - there is no obligation to charge anything, but they can not charge more than £10 (SAR) or £1 (cca).

    If more than 30 days have passed, since your request, then you need to seek advice from the ICO - https://www.ico.gov.uk/Global/contact_us.aspx - as they are, indeed, in serious breach of the Data Protection Act.


    Hi Rog, thanks for this- Big Help!
    I did the SAR and the CCA request in the same letter, so I am assuming that although they can now enforce the debt via the CCA, can I now send them a letter of complaint stating that although I have recieved the CCA, I still have not received the other information requested, in which case whom do I report to? the 12+2+30 days ends on the 29th Jan.

    Thanks for your help

    Red:A
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