Cca Requests Updates Please

nova

Hi Ames, l dont know if this helps one jot! but egg passed on our debt to moorcrap when/while its with the FOS! awaiting a decision on mis sold ppi,l think l would send a cca request to the new dca but l think 10past6 is probably ya man for that or Ras.
nova X

10past6

Ames wrote: »

So should I just do another CCA request?

No

Send this letter instead

Following non compliance of my original CCA request, [Enter Creditor/DCA] are now in default of my Consumer Credit Act request / OFT Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default and any action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the OC/DCA for resolution of the default they have generated.

If [Enter new creditor /DCA] chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, FOS and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I look forward to hearing from you in writing.

Yours faithfully

PRINT ONLY - DON'T SIGN

Ames

I've already sent that letter, but they're still chasing and saying that Egg have told them that there's no problem with the CCA. But no-one's supplied it.

10past6

Ames wrote: »

I've already sent that letter, but they're still chasing and saying that Egg have told them that there's no problem with the CCA. But no-one's supplied it.

Providing you can prove you requested made a CCA request, and show a paper trail, you now have a choice

Continue to pay them forever and a day until the debt is cleared

Or

Refuse to pay until a CCA is produced.

It's now a case of who show's there hand 1st.

cocker100

Ames wrote: »

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?

Hiya,

If Egg haven't sent you the CCA, but they rekon they have, i'd contact Egg direct to see what they have to say.

If they insist that they have sent to one, then request it is sent again as you haven't received it.

They cant sell the debt on if they haven't complied with the CCA request and the account is disputed, so the fact that they have passed it through several DCA's suggests they think that they are in the clear.

There is the possibility that it has got lost in the post as creditors normally only send them out in the standard post and not recorded delivery. I know from personal experience that items DO get lost in the post, so it might be the case here.

Cocker:)

10past6

cocker100 wrote: »

i'd contact Egg direct to see what they have to say.

No need to contact them again, the member has sent 2 requests as per

Ames wrote: »

I've already sent that letter

10past6

ames

If you want to pursue your complaint, you could always raise it with the OFT, under the following OFT debt guidance

2.6
e. not informing the debtor when their case has been passed on to a different debt collector

2.8

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

Bazza66

Interesting letter from 1st Credit after my 12+2 days letter today.....

Re : Copy agreement/Contract
Ref : xxxxx

We attach an edited copy of the signed agreement in respect of the above account and would ask for your comments.

a) If you confirm that this is your signature we will of course send you a complete copy of the relevant document. We would also invite your proposals for settling this outstanding debt.
b) If this is not your signature we would ask you provide our office with a copy of your signature from an official document, (such as driving license/passport), to substantiate your claim. Please be assured that the matter will be investigated immediately.
c) Where an address is detailed that your do not reside in we would ask you to comment on whether you ever resided at the address and, if so, the period of your occupation.
d) If we believe that a fraud has taken place against you we will advise you. In these circumstances we would reommend that the matter is reported to the local Police and 1st Credit Ltd will of course co-operate fully to ensure the matter is thoroughly investigated.

Thank you for your assistance in this matter

Yours sincerely

<scribble>

1st Credit Ltd


---

Attached is scanned photocopy of my application form - interestingly the PPI is ticked ...ummm...

What loverly cheeky chappies they are. I ask for CCA and they ask for my comments!!!

Lets take each case in point.

a) I'm sure I should not have to confirm my signature in order to obtain ALL the documents.
b) I'll send them a copy of my signature - yeah right.
c) Errr I think the onus is on them to prove I was at that address?
d) How nice of them to assist in fraud - I must have seen them in a bad light and they are really nice people at the end of the day. Hold on a pig just flew past my window.

What response do you think is best. Obvioulsy there is a template for not a CCA and also one for having to provide a signature. Do I write the "non CCA" letter? The "wanting signature" letter or do I combine both?

Or indeed do I need to write back at all? They have failed to come up with a CCA so its still in default until they can prove otherwise?

Any thoughts?

Bazza66

Also today I got a letter from Lowell-life basically saying I have not contacted them (boo-hoo) about a bank account overdraft. They are now prepared to settle for half the amount as a F&F (they actually do go on to say I can pay 50% over 3 months or do nothing and pay the whole lot back when they will consider legal action). I guess they have finally realised that after my "Prove it" letter last August and me doing nothing until they can (despite several letters since) that they really dont have the paperwork to back up their claim.

And the Sun shone as well today ... What a lovely day its been .

PS a year ago I would have been petrified and panicky about the above 2 letters I got today but thanks to this forum I am alot more chilled about it all. Thanks to all.

10past6

If it was me, I'd write back to them and ask them to compare this

Bazza66 wrote: »

We attach an edited copy of the signed agreement

With this

Bazza66 wrote: »

send you a complete copy of the relevant document

If they match, could they forward the correct document to you.

You may also like to ask them where within the CCA request it states you must give your signature.

Finally, inform them that if they have doubts you are not the named customer, you will inform the Information Commissioners office as they've broken the DPA by sending statments to an unknown person.