Cca Requests Updates Please

stapeley

Thanks to everyone for the input .Sorry not all questions are answered, we do our best.

Red1983

banana1975 wrote: »

Hi

I have also received a letter from Connaught stating that they are passing the debt back to original DCA. What letter do I send in regards to this as you mention that they have obligations.

Thanks

Jo

Hi Jo, I do have the letter, but still trying to figure out how to attach it. Bare with me chic and I'll get it to you asap

Red

:A

Red1983

banana1975 wrote: »

Hi

I have also received a letter from Connaught stating that they are passing the debt back to original DCA. What letter do I send in regards to this as you mention that they have obligations.

Thanks

Jo

Ok Jo, I dont know how to attach a doc on here, so I have just copied and pasted the letter that I send in regards to DCA trying to pass on to another DCA.
Take from it waht you need, and I hope it helps.


To Whom it may concern,

Thank you for your letter dated 20th January 2009 the contents of which are noted.

In your letter you make reference to requiring my signedauthorisation / signature before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77/78request.

If it is for Data Protection purposes then we can happily supply you with documentation to substantiate our identity to you, and have enclosed a copy of one of our utility bills to satisfy your request.

However, please note that to date you have happily sent correspondence containing extensive sensitive private information to our address and have been accepting payments from us for some time now. I have to ask if you are concerned that you are corresponding with the correct persons? If our identity pertaining to this account and address are in question, then how is it you have been receiving payments from us for so long? And have been so forthcoming in obtaining payments for this account?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

I would also like to bring to your attention the OFT guidelines sec 2.7, 2.8.

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:

b. disclosing debt details to an individual when it is uncertain that they are
the debtor in question, for example, disclosing details to 'the occupier' of
an address.

f. passing on debtor details to debt management companies without the
debtors' informed prior consent

You have therefore failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 14th January 2009 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment, along with the SAR, In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Intrum Justistia purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974, and this is now also enforced by the New Directive brought in on the 26th May 2008 via Trading Standards to enforce prosecutions for non compliance of the CCA 1974 S77/78.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. These time limits expire on 29th January respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement;


Therefore on 29th January 2009 this account will become unenforceable at law and no further payment will be made by myself to the account, until the true copy of agreement is received. As you have failed to comply with a request for a true signed copy of the said agreement, and for the SAR and other relevant documents mentioned in it, and failed to send a full statement of the account (which again I reiterate I have never received from you) and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974.

Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. Further, that disclosure under the Data Protection Act is not, and can not be processed without express consent. This consent is expressly withdrawn until such time as a true copy of the alleged executed credit agreement is provided. As no such properly executed, enforceable agreement has yet been proven to exist, any attempt at serving default, or disclosure of my data to any third party, will have no legal standing, and will be vehemently challenged.

If the simple requested information is not received by the 29th January, then please be assured that complaint procedures will begin with but not limited to the FOS, OFT, TS, and the ICO.

Note: The period in which to satisfy these matters began on the 16th January 2009, this deadline ends on the 29th January, then 30 days after this date – the 28th February 2009, once you signed for the recorded delivery.

Please also find re-enclosed the £10.00 postal order that you resent to me, I have also made a record of the returned Postal Order for future reference if I am forced to deal with future authorities.

:A
Let me know how you get on.

Red

banana1975

Thanks for that RED1983 not sure which bits I need to include but will certainly be writing to Connaught again. Had not thought that they had no right to be taking payments.

On another note. I have received a letter from Cabot today stating that the original lender has been delayed in obtaining my CCA and as a "gesture of goodwill" they have placed my account on hold. What do I do now???

[Deleted User]

I got a letter from vanquis today 8 days after 12+2 expired. The letter is as follows:
"I can confirm that you intitially applied for one of our cards using the online application form on 27 febuary 2008 at 23:27. Based upon our criteria at that time we were pleased to be able to offer you a vanquis card on that occasion. I can confirm that the above application was subsequently authorised on 28th feb 2008 at 14:32 and an account was opened shortly thereafter .
Please note that the necessarry consent would have been given by you at the application stage by agreeing to be bound by the terms and conditions for further clarification please refer back to the application which clearly states and I quote "Please read the summary box, full terms and conditions and privacy statement before applying." In order to progress with the application any further it would then be necessary for the applicant to tick the appropriate boxes. please be advised that this is called a digital signature, and note that failure to give your consent in this manner would result in the inability to proceed any further with the application. Given the above, please be advised that I am therefore unable to forward you a "hard copy" of your application. However please find enclosed a copy of the terms and conditions that were initially sent with the "welcome" pack and card. "

The letter is addressed to a Mrs Drinkupretty when I have always been a Miss! The terms and conditions have no reference to my name and addresse on them, and they sold it on to a dca 2 weeks ago because I keep getting harrassed over impact collections even though I told them the account was in dispute.

stapeley

Afraid the rules were changed and online applications are covered now . You can check that new company have obtained a deed of assignment from the OC . But in this case you need to negotiate with them , but pay only what you can afford .

stapeley

Now received a copy of a card request form robinson way . That makes four copies of same form ! all from different DCA,s . Will just write again pointing out that this does not comply with my request . Also none of the previous DCA,s have supplied a notice of assignment , or shown they have authority to act on the OC behalf.

Red1983

banana1975 wrote: »

Thanks for that RED1983 not sure which bits I need to include but will certainly be writing to Connaught again. Had not thought that they had no right to be taking payments.

On another note. I have received a letter from Cabot today stating that the original lender has been delayed in obtaining my CCA and as a "gesture of goodwill" they have placed my account on hold. What do I do now???

Hi Jo,

My suggestion is that you wait for the expiry of the 12+2 days, if they still haven't sent you the CCA, then you can send them the 2nd letter as they have still defaulted, wether they inform you they are working on it, or whatever other rubbish they may inform you of, they have still defaulted under the act and they know it. Most creditors do this as do the DCA's, and my bet is, is that they are hoping we are just sending out the letters and hoping for the best thinking that we will not take the matter further. How wrong they are.
Don't be afraid of them, you have just as much rights as they do if not more, unfortunately its just very hard finding what those rights are.
And If we don't give up, we will win.

Hope this helps, give me a shout if there is any thing else you need

Red
:A :A

Broken_hearted

The end of another week and indeed month with nothing of use from Halifax.

[Deleted User]

stapeley wrote: »

Afraid the rules were changed and online applications are covered now . You can check that new company have obtained a deed of assignment from the OC . But in this case you need to negotiate with them , but pay only what you can afford .

What is a deed of assignment and how do I go about seeing if they have one?