Cca Requests Updates Please

rog2

Red1983 wrote: »

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

You should report them, in the first instance, to the ICO as they have failed to provide you with the information you requested.

Since the 'cca' that they sent you may not be compliant with the Consumer Credit Act requirements it is certainly worth talking to National Debtline (0808 808 4000) or CCCS (0800 138 1111) to check out the legality of what they have sent you. They may well reccomend that you talk to the FSA or Trading Standards.

Red1983

rog2 wrote: »

You should report them, in the first instance, to the ICO as they have failed to provide you with the information you requested.

Since the 'cca' that they sent you may not be compliant with the Consumer Credit Act requirements it is certainly worth talking to National Debtline (0808 808 4000) or CCCS (0800 138 1111) to check out the legality of what they have sent you. They may well reccomend that you talk to the FSA or Trading Standards.

Ok, this is great, thank you.
What will happen after I report them for failing to supply the SAR request, and what does this mean legally speaking in my favour?
Sory to be a pain, thanks again.

Red:A

blueforyou

Cabot have sent a CCA for the original debt, and a letter that they claim is a notice of assignment from Barclaycard/Littlewoods enabling them to pursue & enforce the debt.

Firstly, the CCA was not recieved until 13th january 2009, with the original request (12+2) letter and the follow-up 12+2+30 letters sent on 5th and 24th November respectively.

Secondly, what they purport to be confirmation of thier entitlement to collect the debt is not signed at ll, contains none of the information I've read on this thread it should do and is titled (in pencil!) "representation of a letter dated in October 07". Surely not any kind of assignment at all?

I believe that Cabot have failed in terms of time and enforceability documentation.

I can now send the the third letter, or I am thinking of re-requwsting the assignment paperwork from them.

Does anyone have advice/comment/experience of a similar situation?. Any outcomes you want to share?

Thanks!

stapeley

Is the CCA they sent okay ? Containing the prescribed terms ? I received a application form 10 months ago , I wrote and informed them it did not comply. Although they insist it does , they have not carried out their numerous threats of court action .

BlueIsTheColour

Well it was the cut off day today for BCard to reply to my final request and so far I have heard nothing.....and coincidentally I havent heard from Mercers this week either....Fingers crossed it stays that way!

creditcritter

i am starting to recieve some cca`s now , some i think contain the prescribed terms one in particular dose not what is the least costly way of having them checked

blueforyou

stapeley wrote: »

Is the CCA they sent okay ? Containing the prescribed terms ? I received a application form 10 months ago , I wrote and informed them it did not comply. Although they insist it does , they have not carried out their numerous threats of court action .

Helo Stapely. The CCA - from the OC seems to be OK. However, the notice of assignment that allows Cabot to pursue and enforce the debt is very dodgy. What I've done is sent a copy of the so called assignment to National Debtline for another opinion.

Can I just say, this site is fantastic, and to those who occasionally suggest that people like me are just trying to avoid payment _ YES, I am. But only because people like those in the finance "profession" have slipped up, despite their wealth, resources and "experience". Maybe this will be a hard lesson they deserve and may actually improve their standing in society if they act gracefully. Some hope...

blueforyou

Hello creditcritter.

I have sent a document for checking to National Debtline as a test as they do say "contact us with queries"!. I understand that they must be very busy, but I'll post what happens.

creditcritter

blueforyou sounds good might give them a call & ask same .

pepe2008

Hi guys!
After sending me three! blank T&Cs, Barclaycards have sent me 'my' Morgan Stanley CC Agreement....NOT!!
What I have got is somebody elses, same surname diff initial ( unenforceable cos its not signed by MS btw ) FULL FINANCIAL DETAILS....Banks, 3 CC Nos, place of work ( both applicants, income etc etc etc !!!!!!
What to do here, I dont believe that I shuld just send it back ( Good job I'm honest!!! )