Cca Requests Updates Please

fermi

As stapely says, if it doubt check on CAG. They have covered all the important groundwork already.

I haven't had a chance to look properly at the legibility issue, but the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 say:

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the [background medium upon which the information is displayed].

momo1975

just a quick update for you. i sent my 12+ 2 letter yesteray advising that they are in defaulkt they recived this today - i sent royal mail and checked online and royal mail confirms they have been recieved so i printed this out to attach to my letter in cause for furture reference they deny it or something.

Anyways times ticking on now so i'll let you all know in a few weeks if they do ( i hope not!) reply.

thanks for all your help you have all been great!

stapeley

It is a longhall is it CC debt ? more details please .

momo1975

Right re the below, i have today recieved this letter from 1st credit:

I refer to your letter dated 7th april 2008

we have asked our client on a number of occasaions to provide a true copy of the relevant agreement. we have sent another reminde to them today to remind them that your request remains outstanding.

in our opinion the failure of crditor to produce an agreement does not mean that the agreement becomes illegal or void. we therefore consider that we are fully entitled to action and pass on your personal data and this would not be in breach of Data Protection or OFT guidelines.

We therefore decline your request to remove your data from our files.

No interest has been added to your account since it was purcahsed by 1st credit Ltd

We are fully aware that you are not obliged to make payments.. Should you choose to cease making payments we will consider this to be in breach of the arrangement you ahve made with us. Please clarify your intentions.

Mr R A Kingdon
Strategy & Audit Controller.

Well......"In Our Opinion" What does this mean? "Please clairy your intentions" What does this mean? Do they know they are gonna loose this?

momo1975 wrote: »

just a quick update for you. i sent my 12+ 2 letter yesteray advising that they are in defaulkt they recived this today - i sent royal mail and checked online and royal mail confirms they have been recieved so i printed this out to attach to my letter in cause for furture reference they deny it or something.

Anyways times ticking on now so i'll let you all know in a few weeks if they do ( i hope not!) reply.

thanks for all your help you have all been great!

rog2

momo1975 wrote: »

in our opinion the failure of crditor to produce an agreement does not mean that the agreement becomes illegal or void. we therefore consider that we are fully entitled to action and pass on your personal data and this would not be in breach of Data Protection or OFT guidelines.

We are fully aware that you are not obliged to make payments.. Should you choose to cease making payments we will consider this to be in breach of the arrangement you ahve made with us. Please clarify your intentions.

Total rubbish, from 1st Credit, as usual, momo. It does not matter if they were the original creditor or not, they still have a legal obligation to provide you with the true copy of the original signed cca and their inability to do so will have rendered any 'agreement' that you have, with them, null and void.

You have, in the 12+2 letter, already stated your intentions. It is up to 1st Credit to state their intentions in regard to repaying you what you have already paid them.

momo1975

thanks Rog, i thought this was what someone was going to say just wanted reassurance i guess, well i'll see what happens now i ait gonna respond to them cause its them who are now at faulkt for not providing what has been requested, i'll see what happsns on te 1st nay when times runs out for 1st credit!

rog2 wrote: »

Total rubbish, from 1st Credit, as usual, momo. It does not matter if they were the original creditor or not, they still have a legal obligation to provide you with the true copy of the original signed cca and their inability to do so will have rendered any 'agreement' that you have, with them, null and void.

You have, in the 12+2 letter, already stated your intentions. It is up to 1st Credit to state their intentions in regard to repaying you what you have already paid them.

momo1975

fermi - i may well do this but i tihnk i will wait till they cant supply the agreement and get it cancelled THEN i will sue them for the money i have paid them!

fermi wrote: »

Can't do any harm to try. Some people here (notably weller711) have had monies refunded.

But the points in this link should be considered before you do more than just request:

Will you get payments back because of the lack of a credit agreement?

stapeley

Anyone had deallings with ROS solutions? they have phoned me three times now . I just tell them I am dealing with this by letter only . They are acting for DCA ,who are inturn acting for SAINSBURY . I wrote to both informing them the application form they sent me was eligable . Plus had no notice of assigment or account statements from them .

shinyhead

Hi Stapeley,
Who is the DCA acting for sainsbury? Take a look at the back of the envelope of any letter that you might get from your DCA or ROS and check the sender's/return address. Might find it's the same.

stapeley

I know who DCA are , just wondering if anyone know of ROS ?