Cca Requests Updates Please

10past6

kel123 wrote: »

So it is the way you feel more comfortable with!

I agree

kel123 wrote:

HOW DO THEY KNOW IF YOU DO NOT TELL THEM?

A CCA request clearly states:

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

Why does anyone need to remind them there in dispute?

If a creditor / DCA has any difficulty understanding a CCA request, add this to the end of your request letter:

If you're having difficulty understanding the above details please seek legal advice.

holley

Oh thanks folks for the replies and copy letter that one was brill, i'll keep you all posted on how it goes

blueforyou

10past6 wrote: »

There's no need to complain, unless they're giving you harassment since your request.

Thanks 10past, but they are harrassing me still, and I have followed all of our letters etc. Would a letter to Trading Standards, then' contain copies of all correspondance and something on the lines of "I believe (DCA name) are acting illegally as they have failed to produce etc"..

Thats what I was thinking of, but wondered if anyone had actually written to Trading standards.

10past6

blueforyou wrote: »

Thats what I was thinking of, but wondered if anyone had actually written to Trading standards.

I know of one particular DCA who are being investigated at present by those agencies empowered to act.

What you have to do first is write to the Creditor / DCA in question heading your letter “Formal Complaint” you MUST go through the companies own complaints procedure first before seeking external assistance.

kel123_2

Having registered a complaint, If after 56 days there has been no resolution, you can officially take it to the fsa. the company concerned must tell you of this option! You are then (if the fsa concur with you) entitled to compensation. Now!!! by not invoking their complaints procedure you are in hessance cutting this out. Lloyds had to pay me over 1K (still waiting for charges to be refunded in may 'maybe this year maybe next) oK I didn't get it in my hand it just came off the bill and they have not contacted me for this account since. Usual in place durring this time, No pay, no interest, no moving it on etc - but they will try!

Weekend_warrior

I could do with some help please,
I recently wrote to some dca's asking for signed copes of my cca's.
I had been paying all these dca's a small monthly amount each.
2 supplied my cca, 1 said it can't supply and has sent debt back to oc,
2 have totally ignored my request (even though I have proof of signed for delivery)and 1 has said it can't supply the dca but still wants my monthly payments to continue.
As plenty of time has passed for replies could someone please advise
me as to which reply letter I should write in each of the above cases.
There are no court judgements on any of my debts.

rog2

Weekend_warrior wrote: »

I could do with some help please,
I recently wrote to some dca's asking for signed copes of my cca's.
I had been paying all these dca's a small monthly amount each.
2 supplied my cca, 1 said it can't supply and has sent debt back to oc,
2 have totally ignored my request (even though I have proof of signed for delivery)and 1 has said it can't supply the dca but still wants my monthly payments to continue.
As plenty of time has passed for replies could someone please advise
me as to which reply letter I should write in each of the above cases.
There are no court judgements on any of my debts.

Hi ww, and welcome to DFW

• For those DCA's who have returned a 'compliant' cca, then you need to start addressing the situation - this could include making offers of payment that you can afford, or maybe even a 'Full and Final Settlement Offer' You can get loads of advice from National Debtline - www.nationaldebtline.co.uk/ or CCCS - www.cccs.co.uk/ There are plenty of options open to you.
• With regard to the dca who replied that they have returned the account to the original creditor, you probably won't hear anything else. However, if you receive any request from another dca, regarding the same 'debt' then that dca will also be in default. Let us know if this happens and we will point you in the direction of the 'in Default' letter.
• With regard to the 2 dcas who have 'ignored' your request, they are now, in default. You have no need to continue making payments. If they wish to enforce the agreement, now, they must seek permission from the Courts, who will want a very ood reason as to why they have ignored their legal obligations under the Consumer Credit Act, 1974. If they continue to harass you for payment, you may need to report them to Trading Standards and the Information Commissioner - www.ico.gov.uk/complaints.aspx

Weekend_warrior

Thanks Rog2, much appreciated.

I was thinking it would have been better to send a letter to each of
the 2 dca's who have ignored my request for cca's telling them the reason
(If I have one) for with-holding my monthly payments to them.
Is there a follow up letter I can send them saying that they are now at fault?
Also the dca who can't provide the cca and still wants their monthly payments
I would prefer to send them a letter stating why I am now stopping payments to them.
I want to keep everything above board and have plenty of paperwork to prove I'm in the right.

W.W.

rog2

Weekend_warrior wrote: »

I was thinking it would have been better to send a letter to each of
the 2 dca's who have ignored my request for cca's telling them the reason
(If I have one) for with-holding my monthly payments to them.

There really is no need, WW. These dcas are more than likely counting on you to keep up dialogue, thereby allowing them to divert your attention away from their legal obligations.
As mentioned by 10past6 - it is not up to you to remind them that they are in default.

They know the law, but just hope that the debtor does not.

Edited - I had assumed, possibly incorrectly, that you had already sent the '12+2 day' letter. Please read this post in conjunction with my later post.

Bazza66

rog2 wrote: »

There really is no need, WW. These dcas are more than likely counting on you to keep up dialogue, thereby allowing them to divert your attention away from their legal obligations.
As mentioned by 10past6 - it is not up to you to remind them that they are in default.

They know the law, but just hope that the debtor does not.

Hi Rog2,

So you are saying also that once you send off for a CCA request you then do not follow up with anything else? Not even the 12+2 letter?

Differences of opinion (whether right or wrong) are confusing the hell out of me now and am sure anyone new reading all this will be equally confused.

Is it just personal preference at the end of day if you continue after the initial request? But the initial request is actually all you need to send?

Time for a :beer: