Cca Requests Updates Please

Icanandwillsavemoney

10past6 wrote: »

Nothing

If you've sent a SAR, part of that request is they supply a CCA

Wait & see what they send back.

10past6 you are a legend, thank you.

Final question before bedtime.... what should I say to Mercers when they ring again?

nova

10past6 wrote: »

Have you received WRITTEN confirmation from the court the case has been struck out?

No not yet, l rang the court on the 7th day and the lady said cohens had'nt replied within the time scale set, therefore write in and it'll be struck out as the judges instruction. We wrote there and then and dropped it in by hand so now waiting confirmation.

10past6

Icanandwillsavemoney wrote: »

what should I say to Mercers when they ring again?

In writing only, then hang up

10past6

nova wrote: »

now waiting confirmation.

Ring the court tomorrow and request written confirmation. the case has been struck out.

nova

10past6 wrote: »

Ring the court tomorrow and request written confirmation. the case has been struck out.

Will do, Thanks you've been fab as usual, l feel as though my brain is a mass of tangled fibres!!! Still l can sleep tonight in the knoweledge that l must be creating more jobs in experian!!!
l'll let you know how l get on, l can here you saying "NO, please dont"!!!
Nova XX

10past6

nova wrote: »

l can here you saying "NO, please dont"!!!

:eek: :eek: :rotfl: :rotfl:

Icanandwillsavemoney

10past6 wrote: »

In writing only, then hang up

I am sooooo going to enjoy every call they make

Thanks again, I am looking forward to a pleasant sleep and I wish you and everyone else the same.

Thank you so very much.

Bazza66

lipstick wrote: »

Thanks Bazza have u heard from them since they couldnt find the CCA?Also do u count the 12+2 days from the day the letter is sent or the day the letter is received?

Thanks

I sent it "signed for" and allowed 12 days + 1 from the date they signed for it to be on the safe side.

My story was...

CCA request... got letter saying dealing with it but can still make an offer... 12+2 letter .... they said they had 12+2+30... few days later a 60% discount on debt.... after 12+2+30 they wrote and said they do not have the CCA and will close the file unless the CCA turns up.
Since then I have heard nothing and that was last September. :T:T

stapeley

Thanks again to 10past6 for his help on this thread . Just noticed thread has had nearly 59,000 viewings! Not bad for 14 months .

view

PLEASE WOULD SOMEONE READ AND GIVE ALL CONSTRUCTIVE CRITICISM / ADVICE

Many, many thanks to all
_________________________________________________________
5th March 2009


XXX XXXX
ADDRESS

Re: XXXACCOUNTNUMBERXXX


Thank you for your letter dated 26th February 2009 received Wednesday 4th March 2009.

I find it interesting that although your company signed for my letter sent recorded mail on the 24th of February 2009 and also acknowledged you received, you obviously chose to ignore the content of my letter you signed for which clearly stated “I do not acknowledge any debt to your company“and “Under all circumstances, the enclosed £1.00 is purely to be used for the purpose of receiving my copy of my credit agreement and for no other purpose or reasons whatsoever.”

I enclose another copy of this letter your office signed for.

You have therefore illegally and unlawfully used the £1.00 towards a debt that I do not acknowledge and was clearly stated to be only for the purpose of producing an enforceable CCA.

Furthermore, your and DEBT COMPANY recent letter sent to me dated 26th February 2009 does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 24th February 2009 of which your company signed for (Royal Mail has provided me with proof your company signed for this such letter). Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. A generic form does not constitute a true copy of a credit agreement and that which you sent does not contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

As stated in my original letter you acknowledge receiving, you have until 12th March 2009 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.


The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of my original request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You will enter into a default on 12th March 2009 and subsequently committed a criminal offence on 24th March 2009.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter that is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

MY NAME PRINTED

WITH COPY ALSO SEPARATELY SENT RECORDED MAIL TO:-

Debt company
address etc..