Cca Requests Updates Please

stapeley

If a DCA are pursuing a debt you are entitled to receive written conformation that the OC have assigned the account to them .That is sold to them or authorised collection by them . So just request a copy of the assignment authorisation. This MUST BE PROVIDED if they take you to court .

natters_2

Hi

My apologies if this has been answered previously, but there are alot of posts to check through and it would take me forever!

I have recieved a letter today from 1 of the dca's I asked for a CCA from and they say that they are unable to issue a copy of the original credit agreement and statements. That this does not influence the validity oftheir claim for the outstanding balance and that i have to write to the original creditor sending them a £1 fee aswell.

My question is - is this flannel and do I ignore it and wait for the 12+2+30 and send the next letter?

rog2

natters wrote: »

I have recieved a letter today from 1 of the dca's I asked for a CCA from and they say that they are unable to issue a copy of the original credit agreement and statements. That this does not influence the validity oftheir claim for the outstanding balance and that i have to write to the original creditor sending them a £1 fee aswell.

My question is - is this flannel and do I ignore it and wait for the 12+2+30 and send the next letter?

It is, indeed, flannel (I can think of a better word, but it would be 'moderated' out :rotfl: ).

It does not matter whether they are the original creditor or not - by virtue of the fact that they have asked you for payment, they are legally obliged to provide you with a true copy of the original executed cca within 12 working days of your request.

Neither does it matter that they have returned the £1 fee. This is a statutory maximum fee that a creditor/dca can charge you for their work in complying with their legal obligations under the terms of the Consumer Credit Act. They are not obliged to make any charge, but £1 is the maximum that they can charge.

Providing that you have proof that they received your request, then you can, quite simply, ignore their letter and treat the matter as though they have not complied with your request once the 12 working days (12+2) have passed.

There is no need to wait for the '+30' days, as the Act has been amended in that it is no longer a 'criminal' offence not to have complied with your request after one month has elapsed after the original 12 days.

So, and it is my guess that they can not, even if the dca produces the cca after the 12+2 days, then they would need the permission of the Courts to enforce it.

blueforyou

Thought you might be interested in part of what what Kamala Panday,
publisher, Credit Today said in the forward to the Credit Today awards 2008 brochure.

The scheme has never shirked from the eye
of publicity when it comes to standing up for
sectors of the industry that are soft targets from
the consumer vigilante lobby. Home credit is
one such stratum of credit but we stand by the
firm belief that it .... is a legitimate component
of the industry, popular with its customer base, and that a highly and possibly over-regulated home credit sector is far preferable to the
alternative – the loan shark.



Three points:

1. So, there ARE sectors of the industry that are soft targets (!) They made themselves soft targets by not following the Law in respect of the Consumer Credit Act.

2. Do you feel you should be called a consumer vigilante merely because you ARE following the same Act?.

3. They actually believe that Home Credit.... is a legitimate component
of the industry, popular with its customer base, and that a highly and possibly over-regulated home credit sector is far preferable to the
alternative – the loan shark. Possibly OVER –regulated?!!


For anyone needing a laugh, the entire document I referred to is available on the net. Do a Google, or PM me if you want me to send it. Its got some good pictures of some you may have spoken to on the phone! - knowing your enemy is a vital part of winning a war!

The full report also allows you to see how money is still seemingly available to sponsor these awards (Grovesnor park Hotel in 2008 with Lenny Henry, who knows where in 2009.


Thanks to MichelleM for the initial lead on this http://forums.moneysavingexpert.com/showthread.html?t=971567If

blind-as-a-bat_2

Ok here is an update for you

My OH was in court today, the claiment failed to appear

The case was struck out

They did have a photo copy of an enforceable agreement, allbeit not perfect, but good enough, we should not have won, but we did because they tried to falsify evidence they didnt actually have, and did not follow the procedure they should

We where lucky, but it says a lot.

If you stand up to them they can be beat, but dont expect it to be easy if it reaches court.

The last week has been hell if im honest and today was humilating in a way, but the right judgement was given, they abused the court proscess and lost because of that.

Which is the point, the creditors or DCA's are trying it on, push it as fare as your able, if there is anything they have done wrong, before backing down, right to the steps of the court if needs be.

The one thing i have learned from this is it is one big game of chicken, it may be pot luck if you win or lose, but it seems to be a case of who backs down first, not who is in the right or who is in the wrong.

The CCA regs where totally Ignored today, we won on breach of CPR rules alone, so dont just rely on the CCA act

blind-as-a-bat_2

I have just had a Pm re CPR rules

The main index is here http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm

As far as I know the most appropriate parts are part 16

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part16.htm

and

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part16.htm#id3585777

And

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part07c.htm

in particular this bit

1.4(1) Where the officer is to take any step, any rule or Practice Direction which requires a document to be filed before he does so will be treated as complied with if the data which that document would contain is delivered to the Centre in computer readable form in accordance with the Code of Practice.
(2) Data relating to more than one case may be included in a single document or delivery of data.
(3) CPR Rules 6.4(3) and 6.21(4) (copies of documents to be served by court) do not apply to any document which is to be produced by electronic means from data supplied by a Centre user.
(4) Paragraph 7.3 of the practice direction supplementing CPR Part 16 (statements of case), which requires documentation to be attached to the particulars of contract claims, does not apply to claims to be issued by the Centre.(5) The practice direction supplementing CPR Part 22 (statements of truth) is modified as follows:
(a) a single statement of truth may accompany each batch of requests to issue claim forms and may be in electronic form,
(b) the form of such a statement should be as follows: ‘I believe that the facts stated in the attached claim forms are true.’, and
(c) the signature of the appropriate person (as to which see section 3 of the practice direction supplementing CPR Part 22) may be in electronic form.

And in our case the decider was sec 27

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part27.htm

and

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part27.htm#id3585830

But may apply to small claims track only

This may not make much sense, but these parts of the CPR may make a lot of difference if I am understanding the judge today correctly

andyathers

Hello,could somebody help with this CCA.I requested it from American Express.I have attached the letter and CCA they sent(all details blanked out).
It doesnt look like a credit agreement to me.Hope someone could help.

Thanks Andy

andyathers

Hello the letter is above,here is the agreement

Bazza66

andyathers wrote: »

Hello,could somebody help with this CCA.I requested it from American Express.I have attached the letter and CCA they sent(all details blanked out).
It doesnt look like a credit agreement to me.Hope someone could help.

Thanks Andy

I am not versed on internet applications - the rules are different and they may actually be correct in what they say (I'm sure someone will confirm/deny that). But for now you could try the guys on CAG. There is a thread there for validating CCA's.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful-15.html

andyathers

Thanks I will post it on there too.