Cca Requests Updates Please

Tinkles

Merlinexcalibur wrote: »

Been looking up interest ... found this:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/122022-can-dca-add-interest.html

Had a quick look through this - thanks.
What I can't seem to find though is an answer on whether to DCA can back date interest once (they feel) that they had fulfilled the CCA request.
I consider mine to still be in dispute as they sent the documents to a third party but not to me. They are now trying to claim interest from the default date. Even if them sending the documents to a third party was considered as them fulfilling their obligations can they then still charge interest for the six months that it took to supply them to the third party? and can they charge interest for the period that the account was in default before they were assigned it?

GeorgeUK

GJ - i think even though yo uare in Scotland, the CRA's operate on a blanket 6 years policy. I'm pretty sure it will remain on your file for 6 years rather than 5. Don't know if this makes a big difference to you though. Make sure you keep that letter safe for at least 5 years then you can tell them the debt is statute barred and to naff orf. As Rog says, as they have not fulfilled their obligation to supply an enforcable CCA, they should not pass the debt on.

LL - I would check your credit file (free at experain if you cancel within 30 days) to see if the debt is listed there. If it is, phone experian and request that a note be put on your file that this debt is not yours and explain that you have never used a catalogue. Hopefully they will try to get to the bottom of this. If the details are incorrect but are on your credit file, then this is a breach of the Data Protection Act and you should report them to the Information Commissioners Office and Trading Standards if they do not remove the incorrect details. As Rog says, do not send them anything with your signature on it and only communicate with them in writing - not on the phone. There are some template letters you can send if you are still getting calls.

fanchon - some other threads that may be of interest:
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721

Tinkles - It might be worth posting that question on the CAG board.
As far as i am aware, a creditor is not allowed to take any action against an account that is in dispute. If they did not comply with your CCA request within the 12 working days that the legislation permits, then the debt was made unenforcable and was therefore in dispute.

CCA74 section 78(6) states:
If the creditor fails to comply with Subsection (1)
(a) He is not entitled, while the default continues, to enforce the agreement.

To me this would mean that being unable to enforce the agreement, they were not able to add interest to the debt for the period of the dispute or anything else mentioned in the agreement such as adding a default to your credit file.

blind-as-a-bat_2

rog2 wrote: »

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, thats not strictly true, being in default does not stop the assingment of the debt as the bebt still exist, but the assigneee inherits the restrictions of the OC, that is they cant enforce the agreemant either.

Assignment of contract is not an enforcemant of contract, its just an act of passing the rights, and benefits, to a new owner

The data protection act is not breached as unlike a CCA a signed document is not required, your consent can be implied by act, so if the OC can show you used an account they can argue that you gave consent, and the ICO will agree:rolleyes: .

The data protection act is a joke Rog2 and offers no help whatsoever

blind-as-a-bat_2

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.

There parent company wouldnt have the same initials as my favourite dirink would they, JD?

dozy-debtor

stapeley wrote: »

Remember if a CCA is not produced the debt does not go away , just means its unenforceable !

sorry if htis has been asked before but could you explain the difference?

rog2

dozy-debtor wrote: »

sorry if htis has been asked before but could you explain the difference?

It means, quite simply, that the creditor can not pursue the debtor through the Courts. The debt is not 'written off' but it is, now, up to the debtor to decide how he wishes to 'deal' with it. That means that the debtor can choose to 'ignore' the debt or to make an offer of 'payment' that suits the debtor - whether paying by instalments or a 'full and final settlement offer'.
Either way the creditor/dca can no longer take the debtor to court over the debt.

pebbles88

has any one been dealing with the N W bank, i sent my token payment this month and they have replied back with we will not action your letter as you did not sign it, please sign this one and return. there is a box saying 'signature of principal cardholder' and the date next to it. both blank for me to fill in....

i already have a sar req in with them, do you think i should sign it, but put 2 crosses through it as per suggestions for SAR reqs??? so that if they try to forge it onto a cca it will be obvious??

rog2

pebbles88 wrote: »

i already have a sar req in with them, do you think i should sign it, but put 2 crosses through it as per suggestions for SAR reqs??? so that if they try to forge it onto a cca it will be obvious??

That would be fine, peb.

pebbles88

rog2 wrote: »

That would be fine, peb.

Cheers Rog, i just wish i could hide the words P**s off in there too :rotfl:

rog2

pebbles88 wrote: »

Cheers Rog, i just wish i could hide the words P**s off in there too :rotfl:

Nice thought, peb - just make sure you keep a copy of the 'form' in case there are any comebacks.