Cca Requests Updates Please

stapeley

rayday2 wrote: »

How long have you been on a DMP?

There is no backing out involved in DMPs, companies may ask for more but that does not mean they get more.

Agreed , but letters and threats are still being recieved by people on DMP . Is it not the case that accounts are still being sold to differant DCA ,even when the debtor is on a DMP or not ?

stapeley

I was responding to someone who had requested a CCA , and was now being pressured by the DCA.

momo1975

hi rog2,

I have just got back from a few days away. Ok have read your reply, however they didnt even date the letter let alone send it recorded delivery so if it is or is not a cca i can still send them the 12+2+30 latter as they have no prof they have sent anything.....

What do you think?

momo1975

rog2 wrote: »

Generally speaking, momo, 'An Application Form does not a Consumer Credit Agreement make'.
I say 'generally speaking' as fermi has, quite correctly, pointed out instances where an application form can constitute a cca. However, in order for that application form to constitute a cca, it must contain certain information, which you can read about in the following link:

http://forums.moneysavingexpert.com/showthread.html?p=7869437

If you are in any doubt, I would strongly suggest that you phone NDL - 0808 808 4000, CCCS - 0800 138 1111, or a Debt Adviser at your local CAB, for clarification.

stapeley

They do not have to send it recorded delivery. The time limit thing is a bit of a red herring . If they have a true copy of a CCA , you have to decide if it meets the requirement in the CC ACT , then they are able to go to court to prove it if needed . Being afew days or weeks late providing it will not strenghten your case much . If you have no way of paying the debt , have you much to lose by contesting it . Only you can decide that .

System

Ok what do I do here? I sent a cheque of to Alliance and leicester credit card service requesting CCA,

They sent it back with a note wrote in pen saying.

Please find enclosed your cheque. Due to insufficent details we can not cash the payment.

I used the same letter I always use IE

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my agreement on request. I have enclosed a payment of £1.00 which represents the fee payable under the consumer credit act.

I understand that my credit agreement should be supplied within 12 working days.

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

I do not acknowledge and debt to you, your company, or to any organisation that you, or your company, claims to represent.

I look forward to hearing from you.

Yours faithfully

stapeley

Have they sold the debt on to a DCA, therefore have no records ?

compulsivespender79

Hmm, interesting! That would suggest to me that they do not have a copy of your CCA; what was the nature of the debt (CC/Loan/OD)?
I would write to them again, enclosing copies of your original letter and the handwritten note you got back. Something along the lines of; "I asked for my CCA, and according to this note you can't supply it. Can you confirm in writing whether this is the case?" (Not in those words though!)
Where did you send your original request to? Head Office?
As to where you stand, if they are unable to comply with your request then the debt is unenforceable, and you are not obliged to offer payment. Tread carefully though, this CCA could pop up at any point in the future.
Fermi or Rog2 will be able to advise you better than I - my response is just my gut feeling!

System

stapeley wrote: »

Have they sold the debt on to a DCA, therefore have no records ?

I sent it to Debt Clear Recoveries as thats who is on my DMP, they sent it back in an Alliance and Leicester envelope

andrewman

on march 31st i sent moorcroft a CCA request with the required fee,they got it on the 1st of april, i have proof of delivery and copies of receiving persons signiture, I should have received a reply by 22nd april, but as of yet no cca even thoygh they say they are getting it from my original lender, if so then why has my debt been sold to moorcroft without all the paperwork. I have no funds until monday to send a reminder to them, i did try to send a second notice via internet but their site email is not working.

stapeley

Proof of delivery is fine and the time limit game is okay ,but when it comes to them having a CCA ,thats your main concern . The OFT should deal with these offences ,the court will not if you recieve a summons. Having SAID THAT , a CCA should be supplied before court action is taken.