Cca Requests Updates Please

rog2

stapeley wrote: »

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!

Let them sell it on, stapeley - they will, then, be in breach of the Data Protection Act as well as the Consumer Credit Act. - more fuel to the fire.

stapeley

Robany Way & Co Ltd , were the last DCA to contact me on this account . I pointed out that they had no authority in relation to this account , and told them no CCA had been provided . After 3 months , I got the 40% letter from the OC . That makes 5 different DCA that have pursued this account !

stapeley

Maybe I should write back ask them to hold on until I return from a holiday to EYGPT .Hoping to sell the wife for a few quid! Don,t really want a part exchange deal for a camel .

louiser123

quick question here not sure if its relevent to cca but i just need a bit of advice other then what i have already done.
cut a long story short- tiscali internet sent me a bill in oct last year 568 quid!!!!!
not mine im afraid, i used to have dial up yrs ago with them about 4 now since then been with virgin then bt for the last two yrs.
cancelled this with them 4 yrs ago and paid final bill heard nothing since and didnt expect to as i dont owe them a bean.
anyway today in the mail arrives a letter from fredrickson international in regard to this so called debt. i have written back stating i dont acknowledge the debt simply because i dont it isnt mine and moreover the phone number and provider were changed at the same time i cancelled so how can i use it when i have not got the corresponding number ect?? i stsated they needed to prove the debt ect and any court action they feel they will instigate will be defended greatly, and it will [EMAIL="bl@@dy"]bl@@dy[/EMAIL] things!!
but i obviously cant ask for cca as its not one of those things, i have a sneaky feeling they are tryin it on but i doubt i will be able to get a letter from virgin now all these yrs later to say i was with them on internet to prove i havnt used this and its not mine,

soo advice from anyone apprecieated
x

rog2

stapeley wrote: »

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

I think you only get a 'Gold Star' if you work at McDonalds' or ASDA

rog2

louiser123 wrote: »

quick question here not sure if its relevent to cca but i just need a bit of advice other then what i have already done.
cut a long story short- tiscali internet sent me a bill in oct last year 568 quid!!!!!
not mine im afraid, i used to have dial up yrs ago with them about 4 now since then been with virgin then bt for the last two yrs.
cancelled this with them 4 yrs ago and paid final bill heard nothing since and didnt expect to as i dont owe them a bean.
soo advice from anyone apprecieated
x

Hi louiser - it would not come under the terms of the Consumer Credit Act as it would e classed as a 'consumer service agreement'.
However, you can always submit a Subject Access Request (SAR) to the creditor, or dca, and they would have 40 days in order to provide you with a copy of everything that they hold on file about you. This should include the original agreement, your payment records and your cancellation letter.
There is, unfortunately, a Statutory Fee of £10 for an SAR.

georgiasmum

I am now being chased (after Wescott, AIC and Moorcroft) by a 'susiduary of Moorcroft'. No company has responded to the 12+2 letter and I have never received a true cca. Should I just send another 'send the cca' letter and let them get on with it. The alleged debt keeps being sold on (despite me telling them it is illegal) and I have a crime reference number from the police pertaining to AIC who said they would 'get me'. Should I be concerned or just keep sending the letters and wait for them to get fed up?

PS This is an excellent thread - big thumbs up to rog, stapley and the other helpful folk on here.

lloydjones

lloydjones wrote: »

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

Can someone please advise me on what happens now?

rog2

georgiasmum wrote: »

No company has responded to the 12+2 letter and I have never received a true cca. Should I just send another 'send the cca' letter and let them get on with it. The alleged debt keeps being sold on (despite me telling them it is illegal) and I have a crime reference number from the police pertaining to AIC who said they would 'get me'.

Hi gm - don't send any more cca requests. Instead, send them the 'In Default' letter that you will find in post 8 of the following thread:

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

THEN report those dcas to whom you have already sent the 12+2 day letter to Trading Standards and The Information Commissioner.

Make sure that you mention the 'crime number' in reference to AIC.

rog2

lloydjones wrote: »

Can someone please advise me on what happens now?

They are, now, in default - have you sent the standard 12+2 day letter? If not, please do so now.

They can not, currently, enforce the agreement without permission from the Courts.