Cca Requests Updates Please

jimm24

So if a debt has been sold,and you have been assesed a default to you contact the DCA or original creditor to have the defaults removed?

fermi

jimm24 wrote: »

So if a debt has been sold,and you have been assesed a default to you contact the DCA or original creditor to have the defaults removed?

Depends on who issued the default and who is now responsible for maintaining the record, which may or may not be the DCA or creditor.

Whether you can get it removed also depends on whether it has been placed within a reasonable time of the original default, and whether if issued by a DCA that they had any right to issue it.

From: Technical Guidance Note - Filing defaults with credit reference agencies

Time framework

Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.

• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.
• Accounts should normally be filed as being in default where those payments due have not been received for six months.

This time framework only relates to filing defaults. It does not affect the lenders’ ability to continue to report accurately on the extent of arrears using monthly status codes. We recognise that may not always be appropriate for products which advance credit over either a very short or very long-term.

The ‘sale’ or assignment of debts on defaulted accounts

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned.

The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

compulsivespender79

I got my (brief) reply from Trading Standards;

I have looked at these documents and cannot see where the prescribed terms are missing . If the prescribed terms are present the agreement would appear to be enforceable notwithstanding anything else that has happened.

What do we make of that?
If you have a look at my thread on CAG (post number 14);
http://www.consumeractiongroup.co.uk/forum/general-debt-issues/137503-trouble-lowell-financial-cca.html
The "CCA" has been posted up there. You can see for yourself that it doesn't include any of the prescribed terms, so what are they on about?

stapeley

As suspected ! Next to useless . Covering their backs and being non committal. Could have said " it could or could not be, enforceable."

suz7

I'm sending two 12+2+30 letters tomorrow. Apex and Buchanan, Clark & Wells - (totalling £15,000 ish :eek:) They've got the same address but I'm just going by the letters they have sent to me and going with that address (if that makes sense!)

Does anyone know anything about credit reports? I sent off for my £2 reports from Experian and Equifax and the above debts are in default but there is no mention of any DCA's anywhere. Does this mean they haven't bought them or does the default just go against the original lender?

fermi

suz7 wrote: »

Does anyone know anything about credit reports? I sent off for my £2 reports from Experian and Equifax and the above debts are in default but there is no mention of any DCA's anywhere. Does this mean they haven't bought them or does the default just go against the original lender?

If they are just acting on behalf of the original lender without having bought the debt, then it stays in their name.

If the debt has been sold, the DCA and the lender have to agree how to handle it.

From: Technical Guidance Note - Filing defaults with credit reference agencies

The ‘sale’ or assignment of debts on defaulted accounts

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned.

The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

stapeley

Having still not got a response to my last letter , requesting a copy of the TRUE CCA in the format it was first presented in . I sent a email to Clapquest. Got a automated response saying email would be replied to within 72 hrs , in the meantime would I keep up with any payments ! yes right I do that !

System

I have received a useful piece of infor from Argos card services today. I requested my CCA and got 5 or 6 pages of c%%p with a covering letter saying,

We enclose such and such, it then goes onto say

THE CONSUMER CREDIT ( CANCELLATION NOTICES AND COPIES OF DOCUMENTS) REGULATION 1983 EXPLAINS WHAT MUST BE INCLUDED IN THE COPY OF THE AGREEMENT. REGULATION 3 PROVIDES THAT THE COPY MAY OMIT CERTAIN INFORMATION, INCLUDING THE SIGNATURE BOX AND YOUR NAME AND ADDRESS

So basically I have got copies of the terms and conditions etc just printed of the net that could be for anyone as there is no names address etc, Is this true about Regulation 3 etc? and where do I stand now?

stapeley

Just got a reply from a DCA to my letter informing them that the application form they sent me was not legible.
" A copy of your agreement was sent to you in March .If you need to discuss this further please contact our helpline ."
Well it would have been HELPFUL to have been sent what I ASKED FOR ! I will now sit back and wait . If I receive a court summons I WILL DEFEND ! on the grounds of non supply of a legible copy of the CCA .
Footnote to this is they passed the account to another collection agency before I had recieved the supposed CCA. Who are now saying " your lender/creditor will now choose an appropriate further debt recovery action blar blar blar " The letter does on " If your debt is not deemed suitable for Legal Action , efforts to collect it will still continue . This will involve either ; a door-to-door collection agency calling on you , the sale of your debt to a third party for collection , an alternative collection agency being instructed"
WATCH THIS SPACE !

Ames

The 12+2 was up for the first one I sent on Wednesday but I was away visiting relatives. I'm looking for the next letter now and I'll send it on monday, I'd rather not send it today since it'll get there on a saturday, and I doubt anyone will be signing for it till monday anyway.