Cca Requests Updates Please

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blueforyou wrote: »

They are still embarrasing themselves by saying any debt that becomes unenforceable after three years is STILL collectable. How will that work then?!

They can ask nicely for payment, if you say no they have to accept that, no threats or ultmatums etc, but can ask nicely again at any time, but you can still refuse;)

They cannot threaten anything, as they cannot legaly do anything, the second they make any threat it is an unlawfull act:D

But i bet the CRA's would allow them to keep wrecking your credit file:rolleyes:

The question is what is classed as asking nicely, and how frequently would they have to contact you before it was seen as herrassment:rolleyes:

blueforyou

I suppose that if they asked nicely - but you changed your telephone number, then they would have to write . However, if the use of the electoral role by these mis-fits is reduced (as in government thinking at present), then if you returned letters saying "gone away" they couldn't even write!.

Again, IF these people had acted within the law in the first place, they just might be being paid back what is legally owed!

On another note, It was good to see those 4 bankers confirm on TV yesterday that they don't have a banking qulaification amonst them. Makes you understand why others in the financial industry act the way they do...!

blueforyou

Something that you might want to add to any letters to DCA's you are in dispute with is this extract from the Consumer Services Association codes of conduct. I apoligise if you already know this, but it might be useful to bump up anyway.

para 18 Where a debt, or the sum owed has been disputed promptly supply information to the debtor in support of the claim. Where no information has been supplied by the creditor promptly obtain the required support, or failing that cease collection activities

I realise that this is not in Law, but it does illustrate that you are quite informed regarding any debt dispute.

I put this on to try and give something back to this site as it has been life-changing for me to have all of your wisdom and support. Thanks!

blueforyou

Hi if I wish to complain to Trading Standards and the OFT re DCA's, could anyone point me to the correct contact and address please?

Bazza66

What exactly is the definition of 12+2 days.

I know its 14 working days in total but when does that actually start?

e.g. I posted something last monday (2/2/09) and I know, because of signed record, that they got it on 3/2/09. Are the 12+2 up on 17/2/09?

I was never sure about this! :think:

Norfolk_Jim

rochdalecowboy wrote: »

Hi, I posted on here about 6 months ago for help with a credit card debt of £4500 to hfc bank which has been passed to marlin. I am now due in oldham court next friday(20/02/09), i put in a long winded defence which i obtained of this site with the main arguement being that despite several requests (with payment sent) i never received a copy of the credit agreement. The only paperwork i previously received was a copy of an application form, this had no mention of APR. I have today received there "witness statement" which is trying to throw out my defence, they have included a copy of the application form and several credit card statements from when i was using the card, they also use the rankine case to support there claim. I would be extremely grateful for any advice

Let us know how you get on, won't you?

Broken_hearted

Thats it I'm throwing in the towel. M&S have restarted interest so they can have a CCA request to shut them up.

blueforyou

Bazza66 wrote: »

What exactly is the definition of 12+2 days.

I know its 14 working days in total but when does that actually start?

e.g. I posted something last monday (2/2/09) and I know, because of signed record, that they got it on 3/2/09. Are the 12+2 up on 17/2/09?

I was never sure about this! :think:

Hello Bazza 66. Here is the extract regarding 12+2. You can see its 12working days. It is a policy that two days can be allowed for posting - although I can't find the law on that one just yet.


This info is from OFT leaflet 1002 "Consumer Credit Act 1974
Post-contract information requirements"



8 INFORMATION TO BE PROVIDED ON REQUEST
Fixed-sum credit agreements
8.1 Under section 77(1) of the 1974 Act, the creditor has a duty to give
information to the debtor on request in relation to fixed-sum credit
agreements. The request must be made in writing and accompanied by a
fee of £1, and the creditor must respond within 12 working days (unless
a similar request was made within the previous month).
8.2 The debtor can request a copy of the executed agreement (and any
document referred to in it), together with a statement showing:
• the total sum paid to date
• the total sum which has become payable but remains unpaid,
including the amounts in question and the date when each became
due
• the total sum which will become payable, including the amounts in
question and the date when each will become due (or if not
ascertainable, the basis on which this will be determined).

blueforyou

The CCA (as amended ) staes this:

“ working day “ means any day other than—
(a) Saturday or Sunday,
(b) Christmas Day or Good Friday,
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(c) a bank holiday within the meaning given by section 1 of the
Banking and Financial Dealings Act 1971.

caramia1812

I'm not sure if I am missing something here but are you all talking about Credit Card Agreements? If so, I honestly don't think I have ever signed one. I am currently wrangling with HBOS CC's so wonder if it would be worthwhile asking for a copy. I have had a year of reduced payments and no interest or charges added which I had to arrange with them myself and am back to square one again now that the year is up.