Cca Requests Updates Please

fanchon

Hello all

Could someone be kind enough to point me to a dummies guide of the CCA stuff?

I have read through the threads but keep getting confused about what it all means.

Cheers

Fanchon

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Ok... received my reply. 3 pages long addressing my complaints.

Firstly they state my 'account is not in dispute'.

They believe, and I quote "we have complied with Section 78 of the Consumer Credit Act 1974 by providing 'a copy of the credit agreement that was in operation and which was supplied to you at the time you opened the account, together with your account information, all of which has been compiled manually by a member of our staff."

Then, in section 3 of their letter they go on to say "we have been unable to provide a copy of your signed credit agreement, as you did not return this after you opened your account" (- er, you never sent me anything to sign and send back!)

We have consequently decided that it would be inappropriate to persue the outstanding balance on this account. Please note that we have consequently not attempted to collect payment on this account after receipt of this letter dates 19th February and a freeze was placed on yoru account.

So, big thanks to all who have helped me with this. My question is now, can they pass this dept on? They say they will not persue, but can a DCA ?

Also, they go on to say 'we will keep credit reference agencies up to date with details of who our customers manage their accounts - details of missing payments and any defaults assocaited with your account remain on your credit file'.

I understand this will stay on my credit record for 5 years (Scotland). Is there anything I need to do with refence of writing to Experian/Equifax ie: a notice of correction?

Again, thanks for all your help people. Truly invaluable.

LadyLooon

So..long story short I’m looking to put an end to a catalogue drama that’s been going on now since 2004 but was only brought to my attention like two years ago. Why? Because this debt isn’t mine.

I’ve never used a catalogue nor do I ever intend to as it seems pointless to spread out the cost for a £10 skirt over something ridiculous like 25 month!?

After moving back home and being confronted with a series of letters, I rung up and spoke to (eventually) someone who told me I’d have to contact th first debt collectors, who then put me in contact with their fraud investigation dept, who then never rung me back. Despite phoning and writing on numerous occasions, the only outcome was my mum having to change her telephone number as we’d get inundated with ‘Pay up now!’ calls..

Now I’ve decided enough is enough…I am finally getting on top of my student debt and paying it off nicely but this is hanging around like a bad smell and the constant barrage of letters are not only annoying..but even moreso when it’s not my debt and they’ve spelt my name wrong!?

I’ve asked them flat out: ‘what was bought?’ ‘ where was it delivered?’’ who signed for it?’ ‘how was payment made?’

I’m now worried that my credit rating..and even more peeved as would like to know how someone has been able to do stuff like this without verification..if they can show me a copy of my signature saying ‘I agree’ then so be it but I know they won’t because they can’t ..why? BECAUSE THE DEBT ISN’T MINE!?

Any tips anyone? Am I totally wrong here in demanding details from them???

rog2

GoldenJill wrote: »

So, big thanks to all who have helped me with this. My question is now, can they pass this dept on? They say they will not persue, but can a DCA ?

Short answer, GJ - No. If they pass your details to another dca, they will be in breach of the Data Protection Act.

In reality, though, dcas are well known for thinking that they, and they alone, are exempt from legal obligations, so if you do hear from another dca just post here and we will direct you to a template letter to send to that dca, plus the link to complain to the Information Commissioner's Office.

All in all, though - a great result. :T :T

rog2

LadyLooon wrote: »

Now I’ve decided enough is enough…I am finally getting on top of my student debt and paying it off nicely but this is hanging around like a bad smell and the constant barrage of letters are not only annoying..but even moreso when it’s not my debt and they’ve spelt my name wrong!?

I’ve asked them flat out: ‘what was bought?’ ‘ where was it delivered?’’ who signed for it?’ ‘how was payment made?’

I’m now worried that my credit rating..and even more peeved as would like to know how someone has been able to do stuff like this without verification..if they can show me a copy of my signature saying ‘I agree’ then so be it but I know they won’t because they can’t ..why? BECAUSE THE DEBT ISN’T MINE!?

Any tips anyone? Am I totally wrong here in demanding details from them???

It is up to the debt collector to ensure that the person that they are pursuing is, in fact, the debtor that they are seeking. Not the other way around.

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

Do NOT give them your signature - instead, send them a copy of the 'Prove It' letter that you will find in Post 3 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

And do NOT sign the letter - simply print your name.

Merlinexcalibur

After moving back home and being confronted with a series of letters, I rung up and spoke to (eventually) someone who told me I’d have to contact th first debt collectors, who then put me in contact with their fraud investigation dept, who then never rung me back. Despite phoning and writing on numerous occasions, the only outcome was my mum having to change her telephone number as we’d get inundated with ‘Pay up now!’ calls..

Don't bother phoning them they are simply not trained in any of that above.

Without knowing more, on the face of it, you have been the victim of identity theft eg fraud. Others more knowledgeable than myself will suggest alternatives. You are getting the run around because no one wants to handle it eg it's a hot potato because of the ramifications of what it means for that company. EG they never undertook the basic checks to ascertain the identity of the person concerned and, simply, are pursuing the wrong person.

Clearly, there has been a very profound breakdown somewhere with how this is being handled and needs to be pointed out. I would also get in touch with Trading Standards via Consumer Direct to make it a formal complaint. And also OFT, FOS.

I’ve asked them flat out: ‘what was bought?’ ‘ where was it delivered?’’ who signed for it?’ ‘how was payment made?’

No good doing this, as you've found. For the simple reason they will not want to admit to anything and whatever their records state will be repeated parrot like back.

That is all I can suggest, though, others may have other alternatives.

Okay, ignore all I said about the CCA as Rog2 gave you the correct advice. Only just got in so not concentrating on things properly yet. And which I have now removed to prevent confusion.

has been able to do stuff like this without verification.

Well, how does anyone get with any fraud, anything TBH? It would be naive to think it wasn't easy or people wouldn't do it would they?

I’ve never used a catalogue nor do I ever intend to as it seems pointless to spread out the cost for a £10 skirt over something ridiculous like 25 month!?

Erm and this is what the debt actually is?? £10?? Or was that just an 'example?' Don't know anyone else but something isn't right with all this.

rog2

fanchon wrote: »

Hello all

Could someone be kind enough to point me to a dummies guide of the CCA stuff?

With pleasure, fanchon:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Hope that helps.

Merlinexcalibur

So..long story short I’m looking to put an end to a catalogue drama that’s been going on now since 2004 but was only brought to my attention like two years ago. Why? Because this debt isn’t mine.

And only now you've thought to find this help? That you've waited this long I mean. Interesting. Hmmm.

bluejeans

Hiya, i asked for ca from 3 companies, none of them supplied, i later found out they were all under the same company. They tortured me with phone calls and letters. then i started saying, fine no problem, see you in court after a few weeks of this they stopped phoning and corresponding, have not heard anything for about 2 month now.

rog2

bluejeans wrote: »

Hiya, i asked for ca from 3 companies, none of them supplied, i later found out they were all under the same company. They tortured me with phone calls and letters. then i started saying, fine no problem, see you in court after a few weeks of this they stopped phoning and corresponding, have not heard anything for about 2 month now.

If they failed to privide you with your cca, then you should look forward to them trying to take you to Court.