Cca Requests Updates Please

plim26

Hi, still not working the catalogue is Vertbaudet. Just looked on another thread and they said that if catalogues were taken out after Dec 07 then you cant go down the cca route. does anyone know if that is true?

plim26

Hi, have just found out that I opened the account in july 2007 if that helps at all

pebbles88

Merlinexcalibur wrote: »

Thanks for the SAR correction. I was meaning, really, to not do anything until others had advised. I know what you mean, though, about 'nastys'. SAR is not something I've done you see so was a bit unsure. Sorry for the confusion.

Well I killed this thread didn't I. Cursed!

HIya,

please dont think i was meaning to be rude ... i was just saying that I had been advised on here to go down the SAR route if they refuse to send the proper cca IYSWIM You havent killed the thread either

Merlinexcalibur

No, you weren't rude. Sometimes I get carried away, but have to remember I only know certain things you see. No worries. I didn't think that anyway. I get cross with myself more than anything.

if catalogues were taken out after Dec 07 then you cant go down the cca route. does anyone know if that is true?

Erm I think so. Sorry for being ambigious about this but if I am not certain tends to feel like I am treading on egg shells if you know what I mean?

rog2

pebbles88 wrote: »

... i was just saying that I had been advised on here to go down the SAR route if they refuse to send the proper cca IYSWIM

That is quite correct, pebbles. Under an SAR they must sendyou everything that they hold on file - including the original cca.

rog2

natters wrote: »

"The Cabot Financial group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender.
Cabot Financial does not accept the statutory fee required under section 77 and/or 78 of the consumer credit act 1974 and as a result Cabot has returned the fee of £1.00 that you have sent."

My understanding is that is all hogwash and as they are asking for payment - they are required to send the information.

Natters - your understanding is quite correct. By virtue of the fact that Cabot Financial are chasing you for money they must accept their full responsibilities under the Act - this includes their obligation to provide you with a true copy of the original executed consumer credit agreement, within 12 working days of receipt of your request.

Failure to do so, irrespective of the fact that they have returned your £1.00 'statutory fee', within this period, means that they will be in default.

Send them the 12+2 day letter, once the period has expired. Without the cca they can do nothing to legally enforce the agreement.

Their letter is, in my opinion, deliberately misleading. For a dca to mislead a 'debtor' as to their legal powers and obligations directly contravenes the Office of Fair Trading Guidelines on Debt Collection - to which they should adhere religiously in order to maintain their credit licence:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

For this alone you should report them to the Trading Standards Office.

It is, unfortunately, all too common for dcas to mislead 'alleged debtors' in this way - we have, in the last week, seen an example where a dca wrote to an 'alleged debtor' stating that 'as they were not the original creditor, they were entitled to an additional 30 days to provide a cca'. I honestly don't know how they dream up their letters, but the OFT is, finally, getting tough on 'errant dcas'.

GeorgeUK

What you may be thinking of are the 2006 amendments to the Act plim. From 6th April 2007, a credit agreement did not require all the prescribed terms for a court to enforce the debt. If this was done online you probably have agreed to it, but if it wasn't online, they would still be required by the court to provide a copy of the CCA with your signature on it.

If you did not sign an agreement, then it isn't enforcable. A CCA request will not usually get you a copy of the agreement with a signature as the legislation states that this can be omitted, but with a SAR they do. The SAR costs £10 which is why people prefer the £1 CCA request. If you have charges that you can claim back though it is usually a SAR you send to get the details of these - and you can request a copy of the original credit agreement at the same time.

plim26

Hi Everyone,
Thanks for all your replies, but still not sure which route to go down now? All they have sent me is a copy of the credit agreement with their electronic signature on it. Shall I take that to mean they dont have an cca with my signature on it?

Merlinexcalibur

Don't worry someone will help. I get like this, which way to go, what to do. Where to jump.

lipstick

Hi im sending the 12+2 day letter to debtor its 12 days today do I have to wait another two working days?