Cca Requests Updates Please

Coffeetime

Thanks for the quick reply rog2,
I just want these cleared up & gone, & start rebuilding our lives & credit rating.
With the help of a family member & the DCAs playing ball hopefully we can do that.

Whats your thoughts on paying off one DCA & not the others?

Will it put me in a better position with the others....... these have accepted ect.

Or will it push them for more money from me.

4 in total, all have been offered F&F & all refused, 3 with DCAs & one with OC.

I CCA'd the DCAs (two of the debts with one dca) they sent what they call a cca but cant read ect, Still fighting them & the response above.

Im going to CCA the OC next, they wont accept less than 90% as F&F. Thought id start with the DCAs first.

10past6

rose28454 wrote: »

Also is is 12 working days or just 12 days?

Working days, and allow an extra 2 for postage = 14 days.

Bazza66

I intend to post this to 1st cretins tomorrow. I would love anyones ideas on it first (10past6 - I know you say dont write but I just feel compeled to and since they last got a letter from me a couple of weeks ago the 6 years clock will only be delayed for another couple of weeks).

Thanks in advance

----

Dear Sir/Madam

Re: Reference Number xxxxxxxxxxxxxx

I do not acknowledge any debt to your company.

Thank you for your letter dated 4/03/2009 the contents of which are noted.

In your letter you make reference to confirming my signature before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I confirm my signature before you comply with my request.

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

Also, thank you for your recent letter sent to me dated 11/03/09, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time 1st Credit purchased this account, along with any other documents mentioned in the credit agreement on the 2/2/09 and my £1 fee was enclosed.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. You have also failed to submit other related documents as per the original CCA request.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until 23/2/09 to provide me with a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974 therefore this account remains unenforceable at law and whilst the dispute remains you are not permitted to ask for any payment, nor am I obliged to offer any payment to you, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I also require from 1st Credit :

- All payments made to date to 1st Credit for this account should be refunded in full, including interest at the rate of 8% per annum.
- The removal of all defaults entered by 1st Credit. Note this is to be a complete deletion and not merely an amendment.
- I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.
- After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force 1st Credit or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

Therefore you have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Please also note that I would not be entering into any further correspondence with 1st Credit until you fulfil my original request or you fail to comply with my requests.

Yours faithfully

MR xyz

PS Please also note I am not obliged to sign any of my letters which you request me to do so.

cocker100

cocker100 wrote: »

Hi all,


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:)

Hi all,

Anyone got any more ideas on this.

1st Credit rekon I need to also SAR Goldfish to get all this info. Also, what about the ppi?

Surely, now that they own the account, it should be their responsibility?

Any thoughts????


Cocker:)

Bazza66

cocker100 wrote: »

Hi all,

Anyone got any more ideas on this.

1st Credit rekon I need to also SAR Goldfish to get all this info. Also, what about the ppi?

Surely, now that they own the account, it should be their responsibility?

Any thoughts????


Cocker:)

I think 1st cretins can only give you statements etc since they took over the debt. I think they maybe correct in saying you have to go back to original creditor for all the info. I have gone back to HSBC for bank charges even though Lowell-life claim they have the debt.

<edited> This may be incorrect but once you put in a claim for PPI then the account goes into default until the ppi is resolved.

cocker100

Bazza66 wrote: »

I think 1st cretins can only give you statements etc since they took over the debt. I think they maybe correct in saying you have to go back to original creditor for all the info. I have gone back to HSBC for bank charges even though Lowell-life claim they have the debt.

<edited> This may be incorrect but once you put in a claim for PPI then the account goes into default until the ppi is resolved.

Cheers Bazza.

Jsut been trawling the CAG website and they seem to suggest the same. Looks like that's £10 down the drain then and back to square one.

The PPI thing is what is really interesting me now. 1st Credit rekon that the ppi is nothing to do with them, so a successful reclaim would mean a full refund to me rather than them!:D

The more I look into this though, the more I get bogged down with masses of information. The whole multiple agreements thing is like a spiders web of detail. Very confusing, but very useful. Now i've been reading about compound interest on credit card ppi. That makes the refunds much much higher!!!!!!!!!!! I only thought you got 8% statutory interest on it!

Cocker:)

UNCLE_BUCK

Hi all,

i am very new to this site, but before i ask my question i would first of all like to thank the many people who unselfishly take the time to post info and answer questions on a regular basis, for what would appear for no other gain but to help others, :T

ok...having trawled through his thread can someone tell me... is the non production of a valid cca only useful if your debt has been sold on to a dca, or can the no valid cca be of any benifit when dealing with the oc.

thanks in advance

GeorgeUK

Many people have dealt with the original creditor for this Buck. If they do not have a properly executed CCA, then if you refused to pay, they could take you to court - where they would need to produce a properly executed copy of the CCA for the court to enforce the debt.

Without the properly executed CCA, the debt cannot be enforcable.

There is a twist to this however. If i were to transfer all my debts to a credit card that i opened a long time ago, then requested a copy of the CCA - if they were unable to provide a copy, i could argue that the debt was unenforcable. The could argue that this is fraud. If you have made transactions recently to the account and are still using it, you will need to be careful so that it does not look like you are deliberately trying to dump your debt onto them.

UNCLE_BUCK

thanks george, that has been useful, i have recently switched (balance tx) about 5k to a card i have held for approx7 years. over last 4 years have repeatedly done this with this company for 0%. but have now realised im on the debt train and have contacted payplan to set up dmp. i realise that to the cc company this would look dodgy even tho it was not my intention when i swicthed in dec 08.
may wait a while, get the dmp set up and running and ask for the cca after a year or so, what do you think?

stapeley

The chances are if you transfered balances you will not gain any thing by a CCA REQUEST . Things were tightened up after April 2007 so I very much doubt you could claim the accounts were unenforceable .