Cca Requests Updates Please

view

10past6 wrote: »

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.

Thanks 10past6

I am just trying to do the right thing.

Yes, they sent me what they consider to be a CCA. I have since received letters from the Debt Collection Agency and also the catalogue company after they sent me the 'non-excutable' CCA saying they will take me to court and 'thank you for my £1 payment'. I am stil getting phone calls from them (up to 5 a day) so they are ignoring my requests for non phone contact and still saying their generic CCA is excutable.

Therefore, I am not trying to make my life difficult, I am simply trying to ascertain what next I need to do !!!!!!!!!

Sorry, but you comments do not help, I am completely drowning and, as others will point out also it can be hard to know the exact steps to take, even after trawling the posts on this site.

All I am trying to do, is respond to their continual letters and phonecalls after they provided what seems to be an unenforceable CCA.

Any really good advice you can give however, is always and will always be appreciated.

Many thanks Bazza66 for your help.

10past6

It's not for you, us, or the creditor to decide whether your CCA is enforceable or not, only a court has the power to do that, all we can do is give our opinion.

They stated the document is a valid CCA, on the advice of the members here, we believe it' not a valid CCA, you can do no more other than let a court decide.

I stand by what I posted, your making life difficult for yourself by continually writting to them.

If you sent the the telephone harassment letter, it clearly states in that letter if the calls do not cease, you will take further action, if the calls have not ceased, then take the action stated within the telephone harassment letter, don't waste your time on these muppetts any longer.

GeorgeUK

Jill, I would wait until the 12+2 days have passed, then send the 12+2 day letter so that the debt is then officially in dispute. I would include a paragraph about the payment not being against the balance, but for the CCA fee. This will only really be an issue if you have made no payment towards the debt for some time as it may restart the statute barred clock.

If any letter mentions the 30 day period or them committing a criminal offence, just remove that from the letter. It is okay to quote it as part of the Act, but it has little meaning now.

I agree that you should make official complaints to the regulatory bodies if they are flouting the rules. They should not be phoning you if you have requested that you only be contacted in writing, especially if you have sent a letter requesting this and warning of what action you will take if they continue.

After the 12+2 days have passed and you have sent the letter, if they still pursue you for payment, then you should report them to TS.

Broken_hearted

anyone have the numbers
how many creditors backed down and wrote off the debt
how many went to court
and how many are just sitting in limbo

rog2

GoldenJill wrote: »

Therefore, I am not trying to make my life difficult, I am simply trying to ascertain what next I need to do !!!!!!!!!

All I am trying to do, is respond to their continual letters and phonecalls after they provided what seems to be an unenforceable CCA.

Any really good advice you can give however, is always and will always be appreciated.

Hi GJ - I fully understand how you feel. The 'cca request' route is NOT a 'quick fix' as many of us here can testify through personal experience.

The biggest problem is that creditors and dca's don't like to learn that they can no longer enforce a debt and will, understandably, try every approach, often without the support of Law, in order to hang on to the hope that a 'debtor' will eventually throw in the towel and part with money that he/she need not, legally, hand over.

There is no 'simplistic' approach, and we rely all too often on the creditor/dca bowing out gracefully when we send them the 12+2 day 'default' letter - ut if we are honest with ourselves then we probably know that most won't.

That's why it is important to report 'errant' creditors and dca's to the relevant authorities - they have the 'teeth' to deal with these chancers at a higher level than we can.

Equally, and unfortunate as it may be, sometimes we must let the matter progress to the Courts, because, as 10past6 says, it is the Court who can give the final judgement as to the validity of any claim.

Nobody likes to go to court, but at least you would have the grounds for a very sound defence. The creditor/dca knows this and will, often (but not always), back out at the last minute. Just remember that the Court is there to ensure that the Law has been respected and does have the power to come down on the claimant if that claimant has NOT fully complied with the Law.

Have you taken the 'cca' to one of the Debt Charities, or your local CAB for an independent opinion on whether or not it is 'enforceable'?

rog2

Bazza66 wrote: »

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?

I still believe that the 12+2 letter is a 'courtesy', telling the dca/creditor what they should, and probably do, already know.
However, it does provide evidence, should it be needed at a later date, that the 'debtor' has followed the 'cca request' process correctly and diligently, so I would reccomend that people continue to send it after the 12 working days have expired.
There is no need, however, for the 12+2+30 day letter as recent amendments to The Act have removed the clause which turned the non provision of the cca into a 'criminal' offence.

Itsallgonepearshaped

Hi all,

Been reading with interest the latest posts and I've got a very quick question. Once you've sent the 12+2 letter is that it ? The 12+2+30 day letter doesn't have to be sent anymore ?

Thanks

rog2

Itsallgonepearshaped wrote: »

The 12+2+30 day letter doesn't have to be sent anymore ?

Quick answer - no.

Itsallgonepearshaped

rog2 wrote: »

Quick answer - no.

Thanks Rog. Sorry to be a pain but I've got one more thing to ask !. On the 12+2+30 letter I ws going to use it's got a bit about removing defaults, refunding all payments in full, ceasing all manual or automatic processing of data etc. Does someting along these lines this now need to be added into the 12+2 letter should they not come up with an enforceable CCA ?

stapeley

Broken_hearted wrote: »

anyone have the numbers
how many creditors backed down and wrote off the debt
how many went to court
and how many are just sitting in limbo

I can not remember anyone on this thread being taken to court and losing .There are some that having been issued court papers , found the case withdrawn days before it was due in court . Many have been told no further action was to be taken to recover debt . The vast majority(not aware of this site ) just do not respond to court papers and have CCJ issued in there absence. I am happy to sit in limpo for six years .