Cca Requests Updates Please

Broken_hearted

Nothing so far.

blueforyou

Can anyone point me in the direction of where within the CC act 1974 (as amended) it states the 12+2 time limit for receipt of cca and noa? I'm able to spend some time in the next few weeks putting together a "joined up" guide to what is said (and used successfully!) on this site and the actual letter of the law. I do this for my own benefit (as I can see a court case looming) but also provide help to others on this forum.

I've spent today looking thru this and other sites as well as the legislation itself, so any help appreciated!

Ricky38_2

Hi there,

In Nov 2006 I was being hassled by capquest in their usual pleasant way over a debt of £920.
I eventually decided to ignore them.
In May 2007 I started getting letters from a solicitors firm in Edinburgh
( I live in Scotland so the law may be different) threatening court action, which I ignored.
In late June 2007 I received court papers for the above debt citing capquest as the pursuer, I filled in the court papers and sent them in.
The court date was July 2007 so after this date I called the court who directed me to the solicitors to find out the outcome.
I was informed that a ccj had been granted and they would pursue the debt, I made arrangements to pay £40 per month at 12.25pm on the Friday and by 1.05pm on the same day I was served with an inhibition order by sheriff officers, they must have applied to the court of sessions within hours of gaining the ccj judgement.
I paid the £40 for 7 months then decided to contact my local council debt advice centre who were shocked at the over the top way that capquest had reacted to such a small debt ( especially the inhibition order ).
They said that they couldn't tell me not to pay any more to the debt but I got the message and stopped paying and I heard nothing more.
I had been reading this site for a while and decided to ask capquest for a copy of my consumer credit agreement, anyway after much hassle it turns out that they don't have it.
They have sent me a letter asking me to contact them on a freephone number to discuss my account (I am reluctant to do this)
I have a ccj and an inhibition order against my house and have paid £280 towards this debt .
What do I do now?
Do I phone them?
Can I get all the above removed from my name and address?
Can I get my money paid, back?
Will I be able to extract Consumer revenge and sue them as they did to me?
Could I have your advise please.

Ricky

cocker100

Hi all,

I've been on a DMP for well over a year now, and on the whole things are progressing quite well. However, Lloyds TSB are one creditor who have not played ball and have been threatening court etc etc etc and have not accepted the repayment plan offered.
So on 1st October sent them a CCA request with £1 fee contained within a heavily worded complaint letter. They have cashed the cheque (not from my bank account) and deducted it from the total balance owed on the credit card, however still awaiting any sign of CCA. There only reply was to say that they had received my letter and that they would respond within one month. Well, this was in October and i've heard nothing since.
I sent another letter in December demanding answers, but no reply. I also threatened to stop the payment from the DMP if they never complied with my request. This hasn't budged them either. So i've now arranged for this payment to stop from next month.
What is the best letter to send to them next. I want to confirm that I have stopped the DMP payment, but also to send an offical default notice to them for non compliance of my CCA request.
Also, what is my next move? I do want to settle my debts, but at my own pace at what I can afford. However, the more annoyed I get with them, the more I want to pay less back! The credit card started in 1999 and I am beginning to think that they haven't got a CCA any more, or at least cant trace it.
So what happens next?
Any advice greatly appreciated.

Cocker:)

Bazza66

cocker100 wrote: »

Hi all,

I've been on a DMP for well over a year now, and on the whole things are progressing quite well. However, Lloyds TSB are one creditor who have not played ball and have been threatening court etc etc etc and have not accepted the repayment plan offered.
So on 1st October sent them a CCA request with £1 fee contained within a heavily worded complaint letter. They have cashed the cheque (not from my bank account) and deducted it from the total balance owed on the credit card, however still awaiting any sign of CCA. There only reply was to say that they had received my letter and that they would respond within one month. Well, this was in October and i've heard nothing since.
I sent another letter in December demanding answers, but no reply. I also threatened to stop the payment from the DMP if they never complied with my request. This hasn't budged them either. So i've now arranged for this payment to stop from next month.
What is the best letter to send to them next. I want to confirm that I have stopped the DMP payment, but also to send an offical default notice to them for non compliance of my CCA request.
Also, what is my next move? I do want to settle my debts, but at my own pace at what I can afford. However, the more annoyed I get with them, the more I want to pay less back! The credit card started in 1999 and I am beginning to think that they haven't got a CCA any more, or at least cant trace it.
So what happens next?
Any advice greatly appreciated.

Cocker:)

Did you send your original CCA request by registered post? If you have then you have proof that they have recieved your request and because of the 12+2 days have passed the account is now in default and they cannot chase the debt.

If you didnt send it Registered Post then I suggest you do so again and send it registered. That was you will have proof they have recieved your request and by law they must action it!

blind-as-a-bat_2

blueforyou wrote: »

Can anyone point me in the direction of where within the CC act 1974 (as amended) it states the 12+2 time limit for receipt of cca and noa? I'm able to spend some time in the next few weeks putting together a "joined up" guide to what is said (and used successfully!) on this site and the actual letter of the law. I do this for my own benefit (as I can see a court case looming) but also provide help to others on this forum.

I've spent today looking thru this and other sites as well as the legislation itself, so any help appreciated!

most legaslation acts and statute can be found here, with some effort http://www.opsi.gov.uk

not actually sure where the 12 days is stated myself to be honest, but i do have copys of most of the relavent documents.

You may find tying them all together harder than you think though, and depending on the judge you get, they may be ignored completly anyway thats UK justice for you:rolleyes:

cocker100

Bazza66 wrote: »

Did you send your original CCA request by registered post? If you have then you have proof that they have recieved your request and because of the 12+2 days have passed the account is now in default and they cannot chase the debt.

If you didnt send it Registered Post then I suggest you do so again and send it registered. That was you will have proof they have recieved your request and by law they must action it!

Hi Bazza,

Thanks for your reply,

The original request was only sent standard 1st class post. At the time I thought it wouldn't matter and i'd heard of cases where the recorded tag was ripped off by dodgy posties to save time delivering their mail, so thought I wouldn't pay the extra for recorded.:o
I know they received it however, because I paid the fee with a cheque from my partners bank account and the cheque has been cashed. She is not included in my DMP, so still has a cheque book.
Is the fact that we have proof that the cheque was cashed enough evidence?

andyathers

Hello I requested a CCA from tesco finace, they sent this yesterday.Im no expert but it seems ok.Thnaks

Leixlip1

cocker100 - yes. A cashed cheque is proof of your CCA request.

blind-as-a-bat_2

andyathers wrote: »

Hello I requested a CCA from tesco finace, they sent this yesterday.Im no expert but it seems ok.Thnaks[]

It contains all the proscribed terms, and is set out/includes all that is required by the regulations as far as i can make out, so yes it fully enforceable