Cca Requests Updates Please

rog2

banana1975 wrote: »

This morning I have received a letter from a company called ScotCall Debt Collecting Services stating that they are going to attempt a doorstep collection and I have to pay within 7 days.

I still have not received my copy of a CCA.

Do I now send them the CCA request? I thought that they could not pass on whilst the account was in dispute?

You are quite correct, banana, in that Connaught should not have passed your details to 'Scotcall'.
Not only was the 'debt' in dispute, but Connaught were, and still are, 'IN DEFAULT'.
Their letter, to you, stating that they were passing the account back to the original creditor, did not, in any way, absolve them from their obligations, under the Consumer Credit Act, 1974, to provide you with a true copy of the original executed cca within 12 working days of your request.
Connaught are, now, in breach of the Data Protection Act, and should be reported to the Information Commissioner (ICO).
In the meantime you should send Scotcall a copy of the 'IN DEFAULT' letter that you will find on post 8 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

In the event that Scotcall do 'visit you', please be aware that they would have no, nor should they imply that they have any, right of entry, peaceful or otherwise, to your house. The will, in effect, have about the same 'authority' as a paper boy - you are under no obligation to discuss the 'debt' with them, and they MUST leave immediately when you ask them to.

Have a look at, and download a copy, the section on 'Home Visits' in the OFT Guidelines on Debt Collection:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

nova

Hi Everyone!
l dont know if this is the right place to ask this but l have 2 lots of court papers from cl finance/cohens (2 different accounts). l didnt know the debt/s had been passed to them, the first l knew was the papers from mcol, so they didnt give me a chance to request the cca's. l could do the same defence for both claims but can someone give me some idea of what to say and what points to make.This l feel is a case of wasting court time and l know they dont like this.
Thanks as always XX

Itsallgonepearshaped

Hi all.

MBNAs 12+2 is up today on the cards I have with them and I received a letter from them with a proposed F&F settlement of 30% of the outstanding balance rather than any communication re the CCA. Defaults are due to go on my file on 30th March. Unfortunately I can't even afford any token payments this month but can I assume this offer is related to the fact they may not have a CCA or is it them just trying to get a bit more cash than they would get from selling my debt on? Has anybody else had this happen to them and what was the outcome of continuing with non payment ?

Thanks

blueforyou

Itsallgonepearshaped wrote: »

Hi all.

MBNAs 12+2 is up today on the cards I have with them and I received a letter from them with a proposed F&F settlement of 30% of the outstanding balance rather than any communication re the CCA. Defaults are due to go on my file on 30th March. Unfortunately I can't even afford any token payments this month but can I assume this offer is related to the fact they may not have a CCA or is it them just trying to get a bit more cash than they would get from selling my debt on? Has anybody else had this happen to them and what was the outcome of continuing with non payment ?

Thanks

Good question. Is the offer of a significantly reduced debt tacit admission of unenforceability?. I too would be interested.

cocker100

stapeley wrote: »

Bet they haven,t got one , did you ever get a notice of assignment from OC ?

Hiya,

Equidebt are now in control of my former MBNA credit card. This was initially sold on to Apex DCA for a few month. Apex then offered me a settlement figure of £2000 on an £8000 debt! Not bad, but I couldn't take them up on their offer due to being skint!:rolleyes: When I never accepted the F&F, they in turn flogged it on to Equidebt.

I got a letter of confirmation I was to start paying Equidebt from then on, but I cant remember the exact wording of it as I posted it off to DMP company straight away for them to deal with.

From reading through pages of posts on them (and MBNA) on the CAG website, it looks like the vast majority of people either receive no CCA or at least an unenforceable one!


Cocker:)

Icanandwillsavemoney

Hello again

I have received a default notice from Mercers. It says that they are acting as agents for Barclays Bankk PLC.

They have also called me tonight and I refused to confirm my date of birth. I told him that Barclays had received a CCA request and they had failed to supply me with the correct documentation and that the account was now in default. I also said that I had told them previously over the phone that I was giving them a formal request to not call me again.

They said that until I put it in writing I would receiving many more calls!!! I said that I would do that tomorrow and if I received one more after the receipt of my lter that I would have no qualms about reporting them for breaking the Communications Act (remember seeing that on here somewhere).

Phew after my little bit of bravery, I have a few questions - you are probably sick of them!!!

1. Barclays time ran out today for supplying the correct documention - did I do the right thing telling Mercers the account was in dispute?
2. Do I need to put it in writing about telephone calls stopping?
3. Should I as a coutesy, send Mercers the dispute letter?
4. What should I do about the default ltter I have received from Mercers?
5. Have I cocked this all up?

Thank you

cocker100

Icanandwillsavemoney wrote: »

Hello again

I have received a default notice from Mercers. It says that they are acting as agents for Barclays Bankk PLC.

They have also called me tonight and I refused to confirm my date of birth. I told him that Barclays had received a CCA request and they had failed to supply me with the correct documentation and that the account was now in default. I also said that I had told them previously over the phone that I was giving them a formal request to not call me again.

They said that until I put it in writing I would receiving many more calls!!! I said that I would do that tomorrow and if I received one more after the receipt of my lter that I would have no qualms about reporting them for breaking the Communications Act (remember seeing that on here somewhere).

Phew after my little bit of bravery, I have a few questions - you are probably sick of them!!!

1. Barclays time ran out today for supplying the correct documention - did I do the right thing telling Mercers the account was in dispute?
2. Do I need to put it in writing about telephone calls stopping?
3. Should I as a coutesy, send Mercers the dispute letter?
4. What should I do about the default ltter I have received from Mercers?
5. Have I cocked this all up?

Thank you

Hiya, I dont think that you have cocked anything up!!!:D

They cant default you if the account in question is still in dispute.

I've been looking at your previous posts, is this the account where they have sent you what they believe to be a CCA? If so, I would just send the 12+2 days letter and state that you believe what they have sent doesn't comply with a CCA request and the dispute remains.

Also within the the same letter, request all communications in writing only.

Send it to whoever is persuing you for the debt, but if you want to hedge your bets, send it to both.

Cocker:)

Itsallgonepearshaped

Icanandwillsavemoney wrote: »

Hello again

I have received a default notice from Mercers. It says that they are acting as agents for Barclays Bankk PLC.

They have also called me tonight and I refused to confirm my date of birth. I told him that Barclays had received a CCA request and they had failed to supply me with the correct documentation and that the account was now in default. I also said that I had told them previously over the phone that I was giving them a formal request to not call me again.

They said that until I put it in writing I would receiving many more calls!!! I said that I would do that tomorrow and if I received one more after the receipt of my lter that I would have no qualms about reporting them for breaking the Communications Act (remember seeing that on here somewhere).

Phew after my little bit of bravery, I have a few questions - you are probably sick of them!!!

1. Barclays time ran out today for supplying the correct documention - did I do the right thing telling Mercers the account was in dispute?
2. Do I need to put it in writing about telephone calls stopping?
3. Should I as a coutesy, send Mercers the dispute letter?
4. What should I do about the default ltter I have received from Mercers?
5. Have I cocked this all up?

Thank you

Hi.

I think Barclays and Mercers are one and the same. I sent my CCA request to Mercers but it was Barclays who came back with an application form and I've sent them the 12+2. Mercers haven't phones since but I've had a letter from a company called Calder Financial chasing it so not sure who they are. Anyway I've sent them the "account in dispute" letter so I'm mot expecting to hear from them again ...:D

kel123_2

Hi all

My slant on the 12+2 letter

Technically in order for the fos to get involved you need to have invoked the companies complaint procedure! By wording the 12+2 letter in such away to as to make it a formal complaint, you are meeting the fos criteria. If the complaint has not been addressed then after 56 days you must be sent a letter from the company saying that you are now entitled to bring in the fos.

So by missing this stage out you could iliminate a chance later on. does it work though - yes - 1k off my overdraft was nice (not a cca but the same principle, remember the fos intervention costs the company and fos can award compensation)

But it is up to the individual and how they feel - there seems to be no right or wrong way and what works for you was the correct way

Kel

Ames

Right I need advice again, sorry! I sent a CCA request last year and nothing happened. A few months ago they sold the debt on, I wrote to the new DCA explaining it was in dispute and they said they'd close the case. But then they wrote saying they've been in touch with egg who say there's no issue and so I've got to pay up. So what do I do now? I'm not going to believe them, since it's gone through about half a dozen DCA's I doubt egg know anything about it, and I'm not going to accept it without any evidence! So should I just do another CCA request?