Cca Requests Updates Please

Marthasdad

Wow!!!!!!!!!

That's a fantastic letter!

I'm not sure of the history here as I've not been following all of the thread, but is looks to me as though you have them bank to rights!

I sent a CCA letter to a DCA 7 months ago (for a debt I knew nothing about) they replied saying they were requesting the CCA from the lender and I've heard nothing since - can I "borrow" this letter as I think I need to close off the issue with that DCA as well?

Well done!!!

GeorgeUK

A few thngs quickly GJ - unless you are disputing the balance (which it appears you may be), the debt does not officially go into dispute until 12+2 days have passed.

It is also no longer a criminal offence for them to not supply a copy of the CCA after a further 30 days - this was amended in 2008.

On 26th May 2008, The Consumer Protection from Unfair Trading Regulations 2008 came into effect. Part 5 Schedule 2 states:

20. In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it.

CCA74 s78
(6) 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

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GeorgeUK wrote: »

A few thngs quickly GJ - unless you are disputing the balance (which it appears you may be), the debt does not officially go into dispute until 12+2 days have passed.

It is also no longer a criminal offence for them to not supply a copy of the CCA after a further 30 days - this was amended in 2008.

Thanks GeorgeUK. Ok, so I should allow up to and including the 14th and remove the 30 days offence info.

disputing balance - I am aksing for a CCA, is this the same thing (sort of?)

Thanks for your help
GJ x

GeorgeUK

Disputing balance is not the same as asking for a copy of the CCA. If they fail to provide a copy after the 12+2 working days then the debt is in dispute and unenforcable.

lipstick

Thanks Bazza66

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GeorgeUK wrote: »

Disputing balance is not the same as asking for a copy of the CCA. If they fail to provide a copy after the 12+2 working days then the debt is in dispute and unenforcable.

Ok, sorry for the confusion GeorgeUK I am asking for a CCA - the document they sent me is, as far as the advice from this forum has shown, is not excutable.

I thought the next step was to send the letter (above) ?

Is this wrong? I have not sent the letter yet.

If it is wrong, what is the next step?

Thanks again
GJ x

Bazza66

GoldenJill wrote: »

Ok, sorry for the confusion GeorgeUK I am asking for a CCA - the document they sent me is, as far as the advice from this forum has shown, is not excutable.

I thought the next step was to send the letter (above) ?

Is this wrong? I have not sent the letter yet.

If it is wrong, what is the next step?

Thanks again
GJ x

GJ,

General rule i have is

1) You send the initial CCA request
2) After 12+2 days if they have still not sent you a CCA you send the 12+2 letter.
3) After this the account is in default.

If at any time they after your initial CCA request they send (what they believe) a CCA then you have to tackle it accordingly.

a) If its a valid CCA then you have to pay
b) if its not valid then you write to them to say it is not valid because of XYZ (there is a template on here for this one).

There are of course other scenerios but these are the ones that crop up the most from my understanding.

I'm sure GeorgeUK or others will add anything further.

10past6

GoldenJill wrote: »

If it is wrong, what is the next step?

No offence, but I'm amazed how difficult you're making life.

You requested a CCA, they have not complied, so be it end of story,

You're making it so difficult for yourself Jill, that's some letter you
intend sending, if it was me, I'd leave it as it stands, they are well aware of the legislation, it's not for you to remind them.

Bazza66

If you wish to write to inform them the CCA is invalid you could try

http://forums.moneysavingexpert.com/showpost.html?p=18723297&postcount=1825


There does seem to be 2 camps on here as to whether you need to write to after the account goes into default. Some say once in default thats the end of it until a valid CCA turns up and others say write back saying CCA is invalid because XYZ.

For the later then you are only informing them what they should already know. I guess its your own decision which method you choose.

Even the 12+2 has been commented on (by rog2) as to whether you actually do need to send it. Did you look into it any further rog2?

Itsallgonepearshaped

GeorgeUK wrote: »

A few thngs quickly GJ - unless you are disputing the balance (which it appears you may be), the debt does not officially go into dispute until 12+2 days have passed.

It is also no longer a criminal offence for them to not supply a copy of the CCA after a further 30 days - this was amended in 2008.

Hi George,

I've been using copies of letters I've found on this forum which currently say it is an offence after the 30 days. Do you know if ther are there any templates around which take this change into account so I get the wording right ?

Cheers