Cca Requests Updates Please

blind-as-a-bat_2

rog2 wrote: »

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.

no they wont Rog, the DPA is seperate to the CCA, it is not that simple, a CCA is not needed to justify proscesing of data.

That data still needs to be correct, but is a seperate issue, due to the two pieces of legaslatoin (dpa and CCA) not having any other connetion except that

lloydjones

rog2 wrote: »

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.

The two letters I have sent them are:

1. The CCA request, the sent the agreement but no terms and conditions.
2. The letter posted on previous page, is this the 12+2?

If not, where can I find a suitable 12+2?

Thanks

blind-as-a-bat_2

lloydjones wrote: »

The two letters I have sent them are:

1. The CCA request, the sent the agreement but no terms and conditions.
2. The letter posted on previous page, is this the 12+2?

If not, where can I find a suitable 12+2?

Thanks

When you say they sent you a copy of the agreemant, did it contain the prescribed terms ie the apr, the credit limit in figures or a statemet how that limit woulld be determined, and a statement on when each payment should be madeand how that payment was calculated?

If the answer is no they are stuffed if the answer is yes the rest of the T&C,s may buy you time, but are unlikely to mke the agreemant unenforceable

georgiasmum

Hi Rog, will take your advice about being default, will send the default letter! I have reported each DCA to trading standards each time previously in particular AIC. Trading Standards sent me 'standard letters' acknowledging my complaint. Do trading standards have any real teeth?

lloydjones

blind-as-a-bat wrote: »

When you say they sent you a copy of the agreemant, did it contain the prescribed terms ie the apr, the credit limit in figures or a statemet how that limit woulld be determined, and a statement on when each payment should be madeand how that payment was calculated?

If the answer is no they are stuffed if the answer is yes the rest of the T&C,s may buy you time, but are unlikely to mke the agreemant unenforceable

The agreement did NOT contain the prescribed terms, apr, limit etc.

What do I do now???

blind-as-a-bat_2

lloydjones wrote: »

The agreement did NOT contain the prescribed terms, apr, limit etc.

What do I do now???

then they have not discharged ther duty under sction 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983 so are therfore still in default of your section 77/78 request

blind-as-a-bat_2

georgiasmum wrote: »

Hi Rog, will take your advice about being default, will send the default letter! I have reported each DCA to trading standards each time previously in particular AIC. Trading Standards sent me 'standard letters' acknowledging my complaint. Do trading standards have any real teeth?

In my case no, but they do vary.......a lot:rolleyes:

lloydjones

blind-as-a-bat wrote: »

then they have not discharged ther duty under sction 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983 so are therfore still in default of your section 77/78 request

Do I need to write to them again? Do I need to inform them of their default?

blind-as-a-bat_2

No you dont need to send anything else, now you sit and wait for there next move

lloydjones

blind-as-a-bat wrote: »

No you dont need to send anything else, now you sit and wait for there next move

Cheers for all your help! I'll be back to let you know what they say/do.