Cca Requests Updates Please

Coffeetime

Coffeetime wrote: »

yes bazza i did, not had a reply as yet.

Thanks very much for your time & help.

The second scan is on the reverse of the application form, at least it is on the copy they sent back .

Just been on there & had some feedback :T heres the link to my post.

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/188640-received-two-ccas-they.html#post2031059


Got some more reading to do, its such a mine field & thank goodness for sites like these \7 the members that input. Many Many thanks.

ReginaII

Bazza66 wrote: »

Thats a really interesting point 10past6 - I didnt realise that.

So even though you send letter with "I do not acknowledge debt to your company" you are still effectively resetting the clock for 6 years statute? Surely by stating you DO NOT acknowledge you exempt from this?

This is new to me - not sure how many other people are aware of this as well - alot of us do keep writing back telling them to "b*g off" basically.

Worth bearing that in mind. So you suggest after 12+2 - if no CCA then just file their letters away and never write back!?

I'd be interested in a definitive answer to this one as well, am on the cusp of writing to Allied International Credit (following a very nasty phone call) to request a copy of the credit agreement.

blueforyou

ReginaII wrote: »

I'd be interested in a definitive answer to this one as well, am on the cusp of writing to Allied International Credit (following a very nasty phone call) to request a copy of the credit agreement.

Hi Regina,

AIC are in my experience the worst to deal with. They are verbally abusive in that they talk over you etc, and ignore letters unless you use recorded delivery. Stick with it, they are a loose outfit and can be beaten.

ReginaII

blueforyou wrote: »

Hi Regina,

AIC are in my experience the worst to deal with. They are verbally abusive in that they talk over you etc, and ignore letters unless you use recorded delivery. Stick with it, they are a loose outfit and can be beaten.

Hi Blueforyou,

Thanks for the heads up, he was the most hideous man I've ever come across, talk about trying to bludgeon someone into submission. I definitely think I'm in for something of a rough ride!

Bazza66

Toffee_Penny wrote: »

Bazza do you mean to Monument? No I haven't sent a cca request, I thought this was covered with the SAR thing.

A SAR and CCA are 2 different things.

I would send a CCA request as your next action and take it from there.

10past6

Bazza66 wrote: »

A SAR and CCA are 2 different things.

Under an SAR request, they ARE obliged to send you a copy of the CCA, take a look at point 13 below

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

Cashpig74

If you are rmaking phonecalls, then record them. You do not have to inform the recipient that the call is being recorded providing you are not intending to disclose it to a third party.

If you can record it, then you have evidence if needed of what was said - of cos it boils down to the INTENDED word.

1. record the phone call for you own use. No permision required. No intention to show anyone else, no reason before the call is made that you will need to inform a third party therefore the call is recorded with the intention of keeping it for yourself.

2. things can change. If you think that call can be useful at a later stage, use the contents back at the company you called as evidence.

3. you could try to use it in court. i do not see how it would be turned down as the intentions when recording it were genuine at the time.

check out this for clarity - ive not read it all mind, just a few sections.

http://www.retellrecorders.co.uk/legal/home.htm

Gemmzie

Sent CCA to DCA on 20th, no reply and 12+2 is up. Current standing order is still to original creditor, so we're safe to cancel that? Didn't setup payment to DCA as they asked for DD only on their letter, so we just CCA-ed them. Anything else we need to do?
Original creditor is current account and mortgage lender so want to be sure they can't go nuts. Thanks in advance.

Bazza66

10past6 wrote: »

Under an SAR request, they ARE obliged to send you a copy of the CCA, take a look at point 13 below

I apprecate that but under a CCA if they fail to send a CCA then it does not put the account into default after 12+2 days whereas a SAR does not. Or does it? My understanding was a SAR was just a request for any information they are holding about you whereas a CCA request is specific to a CCA and can enter the account into defaul after said time.

Bazza66

Cashpig74 wrote: »

If you are rmaking phonecalls, then record them. You do not have to inform the recipient that the call is being recorded providing you are not intending to disclose it to a third party.

If you can record it, then you have evidence if needed of what was said - of cos it boils down to the INTENDED word.

1. record the phone call for you own use. No permision required. No intention to show anyone else, no reason before the call is made that you will need to inform a third party therefore the call is recorded with the intention of keeping it for yourself.

2. things can change. If you think that call can be useful at a later stage, use the contents back at the company you called as evidence.

3. you could try to use it in court. i do not see how it would be turned down as the intentions when recording it were genuine at the time.

check out this for clarity - ive not read it all mind, just a few sections.

http://www.retellrecorders.co.uk/legal/home.htm

I think you do have to disclose that you are recording the conversation if you wish to use it in court (i.e. 3rd party) you do not have to disclose if you used it only for your own use (I really dont know who would want to do that?)