Cca Requests Updates Please

blueforyou

Here is a new tactic, anyone had this one?. A DCA has returned my letter asking for CCA, adding that my request "does not comply with current legislation".

They also ask how I now intend to pay...

The DCA is transcom, and thier"client" is Arrow Global" who I believe are MBNA

For the record, they are WRONG about legislation and this is not a scare tactic that works on me.

Two options
1. Ignore completely
2. Tell them they are wrong, and ask again to "prove it".

Any thoughts?

Bazza66

blueforyou wrote: »

Here is a new tactic, anyone had this one?. A DCA has returned my letter asking for CCA, adding that my request "does not comply with current legislation".

They also ask how I now intend to pay...

The DCA is transcom, and thier"client" is Arrow Global" who I believe are MBNA

For the record, they are WRONG about legislation and this is not a scare tactic that works on me.

Two options
1. Ignore completely
2. Tell them they are wrong, and ask again to "prove it".

Any thoughts?

I assume you hav requested a CCA. Are the 12+2 days up? If so send them that letter. Once they are in default they cant enforce anything.

A CCA request is legislation and no DCA can avoid it.... and they know that! Its just a scare tactic!

Miss_Marple_2

Wolfsbayne wrote: »

I need some help for my father regarding reliable collections (JD Williams). I advised him to get a cca and soa for the account which has been supplied (surprisingly quickly). The cca has been filled in by the JD Williams representative as my fathers details match their signature and my father hasn't signed anything on this form (I know there doesn't have to be a signature).

The cca (in my impression) is a post 2004 one in that it mentions a late payment charge of £12.00 and all the new required terms are there. Until 2005 the late payment charges were much higher which is why I believe this is a new cca (although there has been one or two higher charges since 2005, there appears to be no consistency) The account was actually opened in 2002 so as far as im aware this cca isn't valid (primarily because I believe they signed it themselves last week) as the terms weren't in force at the time of the account being open - can someone clarify? Also, where does he stand if he's had admin charges higher than the stated £12?

Reliable collections are an absolute nightmare, they're now sending letters saying 'we know you definitely live at that address' of course he does, he's been sending them letters from that address for the past year or more! They also made contact by phone and by letter after the cca request was sent (which I thought was illegal).

Also is there a link about the 2004 changes so we can stick a paragraph in about it? Im also in need of an unenforcable cca letter for myself but can't seem to find a template anywhere.

My CCA request 'journey' is with JDWilliams as well.

I told them that they had not supplied a 'true copy' of the CCA because there were certain clauses in it that were not in place at the time the account was opened. I told them that I would not point it out to them, but if they had bothered to read it in conjunction with the transaction list they sent, they would see for themselves what one of the problems was ( there were others).

I told them that it saddened and disappointed me that they had tried to pass it off as a 'true copy'. I'm not sure why I said that - but it made me feel better.

At the moment, they have agreed to stop asking for the money, but are saying that any non-payment will be registered with credit reference agency - I've told them why they can't do that, and I am waiting a response.

I will let you know how I get on.

My advice to you is to keep going - they are in default as they have not supplied a true copy - so send them the default letter ( if you haven't already done so) citing the fact that for a CCA to be a 'true copy' it must have been in place when the account was opened, and that this one is not.

I'm wondering if they are actually aware of this fact - they seemed so confident that they had supplied a 'true copy' and responded very quickly to my previous requests, yet I've had no reply in 2 weeks to my letter telling them it needed to have been in place at the time the account was opened.

Their legal team are obvioulsy not as clued up as the guys on here - so thanks to everyone who posts advice - I really appreciate it

blueforyou

Thanks Bazza - I thought so. The CCA request and the 12+2+30 was up at least two months ago.

pebbles88

cocker100 wrote: »

Hi,

As far as I am aware, if they are still in dispute of the CCA request, they cannot default the account or inform any of the credit reference agencies about the account.

This is most probably a scare tactic. Politely inform them that if they do any of the above, then you will report them for breeches of the regulations.

Cocker:)

Hiya,

i certainly hope it is a scare tactic. they are still playing silly !!!!!!s, even halifax has backed down and are helping me now!

i have already sent them the default letter. so i assume a letter complaining about them still chasing me and saying i will report them to the oft will be sufficient??

banana1975

I have today received what Cabot Finance are telling me is the CCA for my RBS Advanta Credit Card which I applied for 06/02/1997.

It looks like an application form but does state at the top that it is a credit agreement. It is very hard to read the small print as it is a very poor copy taken from the archives.

My question is what should the CCA have on it to make it legally binding? I do not have a scanner to upload my agreement on to here to get someone to look at.

The form mentions that I was going to do a balance transfer and mentions additional card holders but does not state what my credit limit will be. I think that it is stating an APR but I cannot read it. It look like one of the forms that come through the door and state apply for our CC now. It states an APR fixed until January 1998 but this is just on the flyer.

What is the difference with them supplying a copy of your application form rather than the CCA - if this one?

Sorry for sounding vague but I was really hoping that they would not be able to produce due to dates so looks like I will be having to offer them a monthly payment but if I can avoid it then that would be brilliant as my credit rating is already up the creek!

Bazza66

banana1975 wrote: »

I have today received what Cabot Finance are telling me is the CCA for my RBS Advanta Credit Card which I applied for 06/02/1997.

It looks like an application form but does state at the top that it is a credit agreement. It is very hard to read the small print as it is a very poor copy taken from the archives.

My question is what should the CCA have on it to make it legally binding? I do not have a scanner to upload my agreement on to here to get someone to look at.

The form mentions that I was going to do a balance transfer and mentions additional card holders but does not state what my credit limit will be. I think that it is stating an APR but I cannot read it. It look like one of the forms that come through the door and state apply for our CC now. It states an APR fixed until January 1998 but this is just on the flyer.

What is the difference with them supplying a copy of your application form rather than the CCA - if this one?

Sorry for sounding vague but I was really hoping that they would not be able to produce due to dates so looks like I will be having to offer them a monthly payment but if I can avoid it then that would be brilliant as my credit rating is already up the creek!

Sounds like an application form to me and also with it being illedgeable they would not be able to enforce it.

The prescribed terms should be as in this post :

http://forums.moneysavingexpert.com/showpost.html?p=17056149&postcount=1551

I personally think yours is not enforceable from what you say but without actually seeing it I cannot guarentee that.

bignozer

blueforyou wrote: »

Here is a new tactic, anyone had this one?. A DCA has returned my letter asking for CCA, adding that my request "does not comply with current legislation".

They also ask how I now intend to pay...

The DCA is transcom, and thier"client" is Arrow Global" who I believe are MBNA

For the record, they are WRONG about legislation and this is not a scare tactic that works on me.

Two options
1. Ignore completely
2. Tell them they are wrong, and ask again to "prove it".

Any thoughts?

Arrow Global took me to court back in October 2008 they were given 28 days to produce my signed cca, having been back to court in Feb 2009 4 months later still no cca provided by dca the judge in no uncertain terms told their solicitor not to appear in his court again with out providing the documents requested by the court. The judge instructed them they had until 4.00pm on the 12th of March to provide the signed cca or the alleged debt to be struck out. One week and four days to go. :T :T

Coffeetime

Hello all, im after a bit of advice & guidance if you can.

I sent three cca requests & have reached the 12+2 days. They have replied with the usual "requested from o/c ect ect.

So do i now send them the 12+2 letter & is there a template?

I phoned one of the dca's about the letter they sent asking which statements i required.

I informed them "what i wanted was written in the original letter" & stated that they had also passed the 12 days.

She replied that as the account is already in default that the 12 days doesnt count.

Is this just a delaying tactic?


Thanks in advance

Bazza66

Coffeetime wrote: »

Hello all, im after a bit of advice & guidance if you can.

I sent three cca requests & have reached the 12+2 days. They have replied with the usual "requested from o/c ect ect.

So do i now send them the 12+2 letter & is there a template?

I phoned one of the dca's about the letter they sent asking which statements i required.

I informed them "what i wanted was written in the original letter" & stated that they had also passed the 12 days.

She replied that as the account is already in default that the 12 days doesnt count.

Is this just a delaying tactic?


Thanks in advance

Firstly - never enter into phone calls with DCA's - always put everything in written form.

Secondly - they should know what statements to send you - you should not need to be asked.

Thirdly - Yes it probably is a stalling tactic and probably trying to see if you know the law or not. Stick with sending the 12+2 letter.

The template I use for 12+2 days is below althought the criminal offense after 30 days is no longer applicable so you may need to amend accordingly.

Hope it helps

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Your address


Their address


23 February 2009

Dear Sir/Madam

Re:− Reference Number xxxxxxxx

I do not acknowledge any debt to your company.

I wrote to you by Recorded Delivery on 2 February 2009 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1 postal order as the fee payable. This letter was delivered and signed for on 3 February 2009.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 19 February 2009.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (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; and
(b) If the default continues for one month he commits an offence.


As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (19 February 2009).





Data Protection Act (Data Protection Act 1998)

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

your name - PRINT!!! NEVER SIGN!!!