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Cca Requests Updates Please

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  • Gemmzie
    Gemmzie Posts: 14,876 Forumite
    10past6 wrote: »
    Gemz

    Your CCA request needs to go to whoever is managing your debt now, if that's CL, then that's who it needs to go to.

    If they're refusing to let you set up a SO, go through there complaints procedure before reporting them.

    It did go to them, they've not replied. Just wanted to check next steps and possible fallout from original creditor.
    No longer using this account for new posts from 2013
  • 10past6
    10past6 Posts: 4,962 Forumite
    Gemmzie wrote: »
    It did go to them, they've not replied
    Hi Gemz

    If you have proof you sent a CCA request, and they've ignored it, that's up to them, you're under NO legal obligation to pay them until they produce a valid CCA.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Icanandwillsavemoney - Mercers are Barclaycard in disguise, they are an in-house collection team.
    I had a similar problem and just kept sending them a copy of the 12+2 default letter. I never received a meaningful reply to any letter I sent Barclaycard/Mercers. I made an official complaint and ended up complaining to the Ombudsman who sided with Barclaycard who promptly, and against the Act, sold my account on. This then led to CCA requests to RMA & Moorcroft - none of whom could supply a CCA. I haven't heard from Thames, who have the account now, for over 6 months as they cannot provide what probably doesn't exist.

    As an additional comment to Mercers/Barclaycard. Calder Financial Services are also Mercers under another name. So, at some point, you may start receiving mail from CFS when Mercers has exhausted itself. Same row of desks, one up. ;)

    Mercers are one of the worst I am also dealing with. Ignorant of everything you send. Totally. Unless it's a legal sounding letter challenging enforceability of a BC pre application form they attempted to pass of as a 'Credit Agreement'. Even then they continue to argue the toss.
    Any help, opinions, views I may hold those are my own. Respect them as you would expect the same in return. Offered freely, is gleaned from a lifetime of experiences, knowledge gaining. Passed on to benefit others. I may be direct, ask you questions but those are to help you. Up to you if you choose to take it. I won't judge you either way.
  • Hi all,

    Here is the reply I got from a dca (aktiv krapital)when I asked for a cca, I think you will enjoy it!

    We do not believe that we fall within the definition of a creditor contained within Section 189 of the Consumer Credie Act 1974.
    This is because the Act defines a creditor as the person providing credit under consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignmentor operation of law.
    In our case, we purchased on the right to recover the outstanding balance due under the agreement. We did not purchase the duties under the agreement and these were retained by the original creditor who sold the debt to us.
    However, as far as we are able, we do wish to provide the information that you require and which is required inder the Consumer Credit Act 1974, in effort to resolve this matter.
    To this end, we have contacted the original creditor with a view to obtaining the relevantdocuments.
    Unfortunately due to the age of your account the original creditor has advised no documentation is available.
    We note from our records that you have been paying monthly payments to this account from Jan 2008 until Feb 2009.
    These payments act as an admission of your liability towards this account.
    Therefore please continue with your monthly payments.

    How about that then chancers or what???
    I would welcome anyone's comments (try to keep them clean)

    This will be short. Oh, really?? If they purchased the debt they have to have that piece of paper. And it no longer becomes the property of the OC, along with all pertinent documentation. Whitewash! So, if they've not got it and so on. Insert whichever applicable wording where necessary. ;)
    Any help, opinions, views I may hold those are my own. Respect them as you would expect the same in return. Offered freely, is gleaned from a lifetime of experiences, knowledge gaining. Passed on to benefit others. I may be direct, ask you questions but those are to help you. Up to you if you choose to take it. I won't judge you either way.
  • Gemmzie
    Gemmzie Posts: 14,876 Forumite
    10past6 wrote: »
    Hi Gemz

    If you have proof you sent a CCA request, and they've ignored it, that's up to them, you're under NO legal obligation to pay them until they produce a valid CCA.

    We have a Post Office receipt for the postal order only by the looks of things because our Post Office is completely useless. This isn't enough is it? My mum can't even remember if it was sent Recorded (I suspect not)

    (:mad: you want something done right..!)
    No longer using this account for new posts from 2013
  • 10past6
    10past6 Posts: 4,962 Forumite
    Gemmzie wrote: »
    This isn't enough is it?
    Gemz

    If you have the counterpart, try one of these numbers to see if it's been cashed


    01246 542091

    01246 542500
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Gemmzie
    Gemmzie Posts: 14,876 Forumite
    No counterpart, just its receipt but that does have a reference number and who it was addressed to.
    No longer using this account for new posts from 2013
  • 10past6
    10past6 Posts: 4,962 Forumite
    Gemmzie wrote: »
    No counterpart
    Did you send a postal order Gemz?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Gemmzie
    Gemmzie Posts: 14,876 Forumite
    10past6 wrote: »
    Did you send a postal order Gemz?

    Yes. We have the printed receipt saying we sent a £1 postal order to CL Finance with reference number and that's it.
    No longer using this account for new posts from 2013
  • 10past6
    10past6 Posts: 4,962 Forumite
    Gemmzie wrote: »
    Yes. We have the printed receipt saying we sent a £1 postal order to CL Finance with reference number and that's it.
    Ah, got ya :o

    OK, that's what you need to quote when you ring the number quoted above.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
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