Cca Requests Updates Please

rog2

Lexicon wrote: »

Hi,

Sent CCA to a solicitors who have been collecting from me. got a letter saying that I have to contact the original company. Did a search on comapnies house and found that the company had been dissilved in 2007. what do I do now. Do I still send the CCA to the solicitors as they are the ones chasing me for money.

Please help Im at a loss as what to do

Thanks

You do NOT have to contact anyone else. WHOEVER is 'chasing you' for payment is obliged to provide you with the cca - whether they are the original lender or not. It does not matter whether they hide behind the label of 'debt collector' or 'solicitor'.

foolishqueen

aj2703 wrote: »

DO NOT SIGN ANYTHING...!! There is a template letter on this. Alais i do not have the link to the page. Do a search and you should find the one specific to your situation.

Thanks aj. Found a template letter on this forum so will send that on it's way tomorrow! Does anyone know why they specifically asked for a cheque?.

Thanks.

GeorgeUK

Itsallgonepearshaped wrote: »

Hi all,

I've just had a phone call from a company called Debt Managment Ltd re a Barclaycard account. Apparently Barclaycard passed the debt over to them today despite not having replied to any of my letters re the CCA request.

If the account was for a credit card or loan (not an overdraft), then you are quite right that the debt should not have been passed on. Did you use the letter from this site asking why this had happened when the account is in dispute?

You have made it clear that the account was in dispute - if they continue to pursue you i would make a complaint to trading standards. It may be worth writing to Barclaycard about the debt being in dispute and the OFT debt collection guidelines that they ahve breached by passing on the debt.

Refuse to discuss the account over the phone - if they call don't answer any security questions or give them any information. Tell them that all future communication must be in writing.

Maldini wrote:

Can anyone help? I requested a copy CCA from Link Financial three weeks ago with £1 PO. Received a letter today from them saying they need another 30 days to get the documents from original creditor MBNA.

They may need another 30 days, but you do not need to give them any more time. They have a legal requirement to meet your request within a set time - 12 working days. If 12+2 working days have passed, then you should send the 12+2 day letter from the standard template thread.
http://forums.moneysavingexpert.com/showthread.html?t=963087

Lexicon wrote:

Sent CCA to a solicitors who have been collecting from me. got a letter saying that I have to contact the original company. Did a search on comapnies house and found that the company had been dissilved in 2007. what do I do now. Do I still send the CCA to the solicitors as they are the ones chasing me for money.

You are quite right - just because the solicitors do not have the document, this does not mean that you are required to get it from the original creditor. That is their job. If they don't have a copy of the CCA that's their problem, not yours. If you have sent the CCA request to the solicitors with the £1 fee then they have a legal obligation to produce the credit agreement. If they send back the £1 fee it doesn't matter - they are still obliged to follow the legislation whether they cash that fee or not.

Foolishqueen wrote:

Unfortunately your request is invalid, as you have not signed the request letter.

Nowhere in the CCA74 does it state that a signature is requred on any request. You may need to point this out to them. It's not like they're supposed to know any of this stuff is it?
http://forums.moneysavingexpert.com/showthread.html?p=11636349#post11636349

If you have already enclosed the £1 payment, do not send it again. I may be a little cynical in my old age, but what's on a cheque again? Date, amount, written amount... oh yes, a signature. Now what could they possibly want with a copy of that?

See how easy it is to fake a signature onto any document?

blueforyou

ow is this for a template given the recent MH ruling?




DCA address

Date


Dear Sir / Madam

I do not acknowledge any debt to your company

Ref:
Regarding your letter / phonecall / other communication regarding the above alleged debt.

On dd/mm/yyyy I made a request under the Consumer Credit Act 1974 (Sections 77−79) for a copy of the Consumer Credit Agreement that details the necessary information appertaining to the alleged debt.

You have failed to provide this document in the necessary timescale / amount of detail.

A recent ruling by the Office of Fair Trading against a certain debt collection agency, states that

• (the DCA) will not carry out Debt Collection Activity where it has been informed, in writing, that there is reasonable cause to believe that
the debt is in dispute.

• A debt is considered as in dispute where:
A request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;

Given this ruling, I have today informed the OFT of your actions.

Please do not contact me by any means until you have provided the required documentation regarding this alleged debt.

Name
(DO NOT SIGN)

ljs2000

ljs2000 wrote: »

I wonder if someone can help me. I have recently asked for my cca. They have sent the attached and nothing else which I think is not an enforceable cca. Can you please point me in the right direction for the letter after the 12 + 2 days has passed. Many thanks.

Hello all, today I
have received a wad of statements but still no cca. Do I now send the 12 + 2 days letter?

Thanks.

RedRobbo

hello all,

I have recently started writing to my 3 CC card company's after reading a number of different posts on this site. The First letter that I have sent on 8/04/09 is a template requesting my CCA and the responses have been:-

Egg - letter telling me that they will be in touch.
Virgin/MBDN - a copy of my CCA( which I don't believe is totally honest and am looking for advice on, how do I know that this was the original agreement and not an altered document)
HSBC - nothing

thanks

MS_Dolphin

blueforyou wrote: »

ow is this for a template given the recent MH ruling?




DCA address

Date


Dear Sir / Madam

I do not acknowledge any debt to your company

Ref:
Regarding your letter / phonecall / other communication regarding the above alleged debt.

On dd/mm/yyyy I made a request under the Consumer Credit Act 1974 (Sections 77−79) for a copy of the Consumer Credit Agreement that details the necessary information appertaining to the alleged debt.

You have failed to provide this document in the necessary timescale / amount of detail.

A recent ruling by the Office of Fair Trading against a certain debt collection agency, states that

• (the DCA) will not carry out Debt Collection Activity where it has been informed, in writing, that there is reasonable cause to believe that
the debt is in dispute.

• A debt is considered as in dispute where:
A request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court;

Given this ruling, I have today informed the OFT of your actions.

Please do not contact me by any means until you have provided the required documentation regarding this alleged debt.

Name
(DO NOT SIGN)

I sent out 12+2 letters 2 days ago. Am I now able to send the above letter in response to any contact whatsoever (other than the correct requested information)? I'm getting several calls and letters on a daily basis now which is pretty uncomfortable.

Today I had a postcard from Aegis through my door that said,

"I confirm that I will be calling on Saturday between 8am - 9pm."

It was presented very much to suggest that they'd be knocking on the door - but when I phoned them they said it meant a phone call. Very intimidating.

rog2

ljs2000 wrote: »

Hello all, today I
have received a wad of statements but still no cca. Do I now send the 12 + 2 days letter?

Thanks.

Yes, ljs - providing 12 working days have passed since they received your letter. A 'wad of statements' certainly does not constitute a 'true copy of the original executed cca'.

rog2

MS_Dolphin wrote: »

I'm getting several calls and letters on a daily basis now which is pretty uncomfortable.

Today I had a postcard from Aegis through my door that said,

"I confirm that I will be calling on Saturday between 8am - 9pm."

It was presented very much to suggest that they'd be knocking on the door - but when I phoned them they said it meant a phone call. Very intimidating.

You can, most certainly, send the letter that bfy has composed. You can, also, report them to the OFT as they are now acting in contravention of the OFT Guidelines on Debt Collection:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

blueforyou

MS_Dolphin wrote: »

I sent out 12+2 letters 2 days ago. Am I now able to send the above letter in response to any contact whatsoever (other than the correct requested information)? I'm getting several calls and letters on a daily basis now which is pretty uncomfortable.

Today I had a postcard from Aegis through my door that said,

"I confirm that I will be calling on Saturday between 8am - 9pm."

It was presented very much to suggest that they'd be knocking on the door - but when I phoned them they said it meant a phone call. Very intimidating.

Don't be intimidated. Thats where they want you. I've had some dark days about this whole CCA thing, but, they ARE acting outside of good practice and on occasion unlawfully. Please don't give in. Even before I put that letter you might wish to use together, I had used other letters about harassment. After a few weeks, ALL of them have stopped calling and sending their pretend threat letters. If any should ring now, I NEVER answer ANY security questions, instead I poke fun at them not knowing who they are ringing! I then tell them they will put the phone down first as they will get tired of the repeat statement I give them. They ALL give up! :j