Cca Requests Updates Please

fermi

rog2 wrote: »

I don't know what 'letter' fermi has advised

This one: Letter when account passed to new DCA/solicitors while the original is in default of a CCA request.

rog2

fermi wrote: »

This one: Letter when account passed to new DCA/solicitors while the original is in default of a CCA request.

Same as me, then. :beer: :T :T

blueforyou

This might be interesting. It shows how dodgy DCA's are losing business. Still, never mind eh?

http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article6074192.ece

blueforyou

and this one...
http://www.credittoday.co.uk/news/news-item.cfm?news=1086#content

rog2

blueforyou wrote: »

This might be interesting. It shows how dodgy DCA's are losing business. Still, never mind eh?

http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article6074192.ece

Please forgive me if I don't offer to pass the hat around for 1st Credit - they are, finally, getting their just reward.

I'm sure that the majority of Original Creditors have no idea of what goes on in the murky world of Debt Collection - if they did, I'm convinced that there would be many other 'casualties' too.

10past6

Don't be fooled by certain creditors "Dropping" them, 99.9% of creditors have known for along time what the likes of 1st cretains and Co. have been like, it's only because the OFT have become involved, that cretain creditors want to look "Good" :rolleyes: :rolleyes:

lloydjones

Hi. I sent for my CCA from Cahoot for a flexible loan taken out in 2002. The sent me the CCA but without the terms and conditions. I wrote to them stating that I needed a copy of the terms and conditions as without them the loan was unerforceable. They were given 14 days to respond but I've heard nothing. What do I do next? Thanks.

This is the letter I sent:

Dear Sir/Madam,

Re: Account number: XXXXXXXXXXXX

I do not acknowledge any debt to your company.

With reference to my previous letter, I wish to draw you attention to your company's lack of compliance with my legal request.

On 16th February 2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with request, and as such the account entered default on 5th March 2009.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

I am of the opinion that the document you sent does not meet further prescribed terms as set out in the Act, e.g.:

Consumer Credit (Cancellation Notices and Copies of Documents)
Regulations 1983 (SI 1983/1557)

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the [background medium upon which the information is displayed].

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act
without any alteration or addition, except that:
(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and
(b) every Form shall be completed in accordance with any footnote.

Further more I am also of the opinion that the copy of the agreement does not comply with the conditions set out by the Consumer Credit Act 1974 s.61.(1) which states that an agreement must contain certain prescribed terms, the Consumer Credit Act ( Agreements) Regulations 1983 s.6 sets out how these terms should be contained with in one single document and if not, is not enforceable by the court Consumer credit Act 1974 s.127(3), recent case law Wilson V Hurstanger Neutral Citation Number: [2007] EWCA Civ 299.

As you may not be aware, failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully

XXXXX XXXXX

maz1964

hiya all

some very good notes ive taken from this thread good luck to all

laters maz:T

stapeley

Today heard from a company offering 40% reduction on an distributed account . This is despite several collection companies contacting me , and none supplying a CCA . They do not threaten court proceedings only to sell to a DCA ! In other words , " Okay sorry can not come up with a enforceable CCA , BUT , we would like you to pay us something . Otherwise we have to sell account to a DCA with a 95% discount .You will then be hounded by them , by letter and phone calls . That is until they get fed up and realise you have no money . They may even realise no enforceable CCA exists for this account and then try to sell on to yet another parasite!

stapeley

stapeley wrote: »

Today heard from a company offering 40% reduction on an distributed account . This is despite several collection companies contacting me , and none supplying a CCA . They do not threaten court proceedings only to sell to a DCA ! In other words , " Okay sorry can not come up with a enforceable CCA , BUT , we would like you to pay us something . Otherwise we have to sell account to a DCA with a 95% discount .You will then be hounded by them , by letter and phone calls . That is until they get fed up and realise you have no money . They may even realise no enforceable CCA exists for this account and then try to sell on to yet another parasite!

PS do i get a gold star when my thread reaches 75, 000 viewings ?