Cca Requests Updates Please

10past6

MS_Dolphin wrote: »

What makes you believe what they have sent is not the T&C's applicable at the time?

My template letter in post 2388 confirms it.

MS_Dolphin wrote: »

Also, where can I find a list of the specific things they have to include in their response?

Look at my post 2376

cocker100

Hi all,

Just an update from me on how things are progressing with this lot.

Received my SAR request from 1st Credit. It only took them just over a week! However, not really what I was expecting. There was no true copy of the credit agreement with it or any statements, charge applied, ppi or anything. All they have sent is 5 pages of all the records on the account since they bought it from Goldfish. This included information on all phone calls to me, all letters received and sent(not copies, just a log), all payments made and communication between internal departments of 1st Credit. All this in 5 pages of logs which were hard to understand.

They rekon they have requested another unedited version of the CCA from Goldfish and will sent it on later, but also rekon that the 1983 regs allow them to omit certain things even when requested through a SAR.

They also say that I need to send a seperate SAR request to Goldfish to receive all the other info. (i.e. statements, charges applied, ppi details etc etc etc)Is this true? Surely, as they now own the debt, they must comply as it is all the same account?

They also rekon the ppi is a seperate agreement and any queries made regarding this must be made directly to Goldfish and also state that the account was purchased in good faith from Goldfish so this isn't an issue with them and the total debt remains payable.

Any thoughts on this.

Cocker:)

10past6

cocker100 wrote: »

It only took them just over a week! - Any thoughts on this.

They have 40 days to comply, sometimes they send information in dribs and drabs, allow them the 40 days to comply.

cocker100

Me again,

Received another letter today from Equidebt confirming receipt of my CCA request. They say that they have placed the account on hold until the matter is resolved and that all collection activity will stop.

They have requested the CCA from MBNA and will be in touch shortly. Its now 8 days into the 12+2, so they better be quick!!!

I must admit, they have been ok with me. They only called once and have always accepted the DMP payments. Just want the CCA to barter with the full and final. They have already offered 50%.

Cocker:)

Merlinexcalibur

Received another letter today from Equidebt confirming receipt of my CCA request. They say that they have placed the account on hold until the matter is resolved and that all collection activity will stop.

If only they were all so 'obliging'.

rose28454

10past6 wrote: »

Your CCA goes to who you're paying NOW.

What they do with it, how long it takes to obtain the document is no concern of yours, unless they enter default.

The act states they have 12 days to comply, if the don't they enter default, simple as ABC

Just received a letter from Aktiv Capital regarding my Capital One debt in responseto my cca request dates 27,2,9. It says " We acknowledge receipt of your recent correspondence the content of which has been noted. We can conform that we are currently in the process of obtaining the original documentaton on your behalf. A full response will be issued shortly" What should I do now? Also is is 12 working days or just 12 days?

Bazza66

rose28454 wrote: »

Just received a letter from Aktiv Capital regarding my Capital One debt in responseto my cca request dates 27,2,9. It says " We acknowledge receipt of your recent correspondence the content of which has been noted. We can conform that we are currently in the process of obtaining the original documentaton on your behalf. A full response will be issued shortly" What should I do now? Also is is 12 working days or just 12 days?

Just wait until the 12+2 (working days) are up and send the next letter if they have not complied with your request.

Coffeetime

Yesterday a DCA sent a letter informing me that

"unfortunately *****(dca) has not been able to provide you with the requested information within the relevant time period. We have worked hard...... blah blah, original lender hasnt located it.......

Although we are dependent on the original lender for the information, the relevant time period has now expired. However we shall continue to request the information from the original lender................ We hope to receive the relevant information soon."

So looks like these cannot come up with a valid CCA, do i now resend my F&F that they refused at the beginning of the year?


Whats your thoughts on this one?

rog2

Coffeetime wrote: »

So looks like these cannot come up with a valid CCA, do i now resend my F&F that they refused at the beginning of the year?

Entirely up to you, Ct. Without providing you with a true, compliant copy of the original cca, the dca can not enforce the agreement without first going to the Courts (at which time he will have to both produce the cca and give a pretty convincing reason as to why he did not produce it within the legally prescribed period after your request).

Personally speaking, I would be inclined to let the dca 'suffer' in the same way that they have made you suffer.

rog2

cocker100 wrote: »

I must admit, they have been ok with me. They only called once and have always accepted the DMP payments. Just want the CCA to barter with the full and final. They have already offered 50%. Cocker:)

Then try 30%, but only if they produce the cca.