Cca Requests Updates Please

rog2

Caz1965 wrote: »

Thanks Kel.

They havent sent anything yet so just sit back and see what happens. I was just curious.

My view on the hypothetical situation, that you describe, is that the agreement can only be enforced by Court Order. Should any creditor 'magically' produce a cca after several months, then I would let that creditor take me to Court. In my defence, I would state that I had requested a cca, with dates etc. This cca has been supplied well outside of the prescribed period.
The Court will have the choice, then, to state that, as I would hope, that the agreement is 'irrideemably unenforceable', or, assuming that you do not dispute the debt, to listen to any proposal of payment that you, the debtor, can afford. I would certainly hope that any judgement, given by the court, would reflect the fact that the creditor had not fulfilled his obligations under the terms of the Consumer Credit Act, 1974 (which I would be quoting in my defence).

kel123_2

Rog even if you defent it the judge can still enforce it. I have read many examples of this. Even were not properly executed CCA's are involved the judge as enforced it. It may not be correct or fair but it depends on the Judge. At this time it seems from reading other sites that Northhampton is the place for DCA's to go because they appear to be bias towards them. There are other area's that are reported to look at the defendant more favourably. I am reporting what other have said it is not nessacerally my opinion.

momo1975

hi guys - wecot have failed to provide me with a cca and now the 12+2+30 had passed and not a whisper form them apart from acknowledgment of my letter. does anyone have the 12+2+30 letter i need to send them?

also i have 2 accounts with them and one has a CCJ is this now enforceable or how do i deal with this one?

thanks

momo1975

kel123_2

Momo

Becareful about the account with the ccj on it. I THINK that you have to take it before the courts before you can stop payment. maybe others can confirm this! A draft of the letter I used is on my thread 'claiming back and cca diary'

Kel

stapeley

You must continue with CCJ payments . I believe some have gone back to court to have a CCJ set aside ,but I think its a long and differcult process .One out of two is not bad !

momo1975

i have sentt his letter today (well will send tuesday)

refer to my letter dated 7th April 2008 which was delivered via Recorded Delivery to your offices on 8th April 2008 Ref DV 0**********B

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 17th March sent on the 17th March and received on the 18th March ref Recorded Delivery number DW **********GB I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on 2nd April 2008 and 2nd May 2008 respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on 2nd May 2008 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Wescot Credit Services Ltd

I require the following action from Wescot Credit Services :

1. All payments made to date to Wescot Credit Services Ltd for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Wescot Credit Services Limited. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Wescot Credit Services or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).


To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, therefore please remove all records of this alleged debt with the relevant Credit Reference Agencies.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.


I look forward to your reply within 14 days to resolve the matter amicably.

stapeley wrote: »

You must continue with CCJ payments . I believe some have gone back to court to have a CCJ set aside ,but I think its a long and differcult process .One out of two is not bad !

Debt_Warrior

Been reading this thread about failure to supply docs and I wonder if anyone can help me with my predicament. I requested docs from my DCA in Dec last year then sent polite reminder letters in Jan and Feb. Wasn't on this forum then so didn't use templates from here. Just wanted to get docs I'm entitled to and statements showing how my debt was arrived at, not wanting to avoid debt or just put obstacles in way. Now I've received a County Court Summons. I sent acknowledgement of service and was preparing to file a defence on non-production of CCA. The debt is made up of an overdraft, a loan and credit card. On Friday I received a copy of my original agreement for my credit card but no statements or anything else. So as it stands I have a request for payment of £14,000 ish with only this one document and that received after the claim was filed by DCA.
Can anyone help with this situation?
Questions are -
1. If my overdraft doesn't come under Section 78 what does it come under? Must be some regulations about docs to be provided. I did receive a letter of assignment and I believe though haven't checked yet that I recieved a default notice originally from my bank.
2. As I hadn't received the CCA when the claim was filed what does that mean about the legality of enforcement? Can the claim be set aside on that basis? This arrived by normal mail - no signature requested so no proof of when it arrived.
3. Even if it is seen that the DCA have complied with the legal requirements in terms of supplying docs the situation is still that I was within my rights to request those docs and it is only from non-compliance that I will be landed with court costs and a CCJ. What about filing a counter claim on those grounds for the costs?
I need to respond to the summons in next day or so as date due is 9th. Would very much appreciate helpful advice and comments.

fermi

Overdrafts are covered by an exemption that means that it is sufficient for the creditor to have written to you with the details and terms and conditions of the overdraft when you took it out.

1.4 What is covered by the s74 determination?

A determination under s74(3) was made by the OFT with effect from 1 February 1990. It applies to d-c agreements enabling the debtor to overdraw on a current account, under which the creditor is a ‘bank’ as defined in the Bankers’ Books Evidence Act 1879, provided that certain conditions are satisfied – see Q1.5.

A separate determination was made in respect of certain agreements connected with the death of a person.

Copies of the determinations may be obtained from the OFT.

Agreements covered by a s74(3) determination, and satisfying the relevant conditions, are exempt from most Part V rules including s61(1) on execution. However, the Agreements Regulations will apply to any document embodying such an agreement, and to any term expressed in writing – see Q1.2.

1.5 Are all bank overdrafts exempt?

The s74 determination in respect of bank overdrafts (see Q1.4) applies subject to the following conditions:

• the creditor must inform the OFT in writing of his general intention to enter into such agreements;
• the debtor must be informed, at or before the time an agreement is concluded, of the following:

o the credit limit (if any)
o the annual rate of interest and any charges applicable, and the conditions under which these may be varied
o the procedure for terminating the agreement;

• the above information must be confirmed in writing.

Furthermore, where a debtor overdraws a current account with the tacit agreement of the creditor, and the account remains overdrawn for more than three months, the creditor must inform the debtor in writing not later than seven days after the end of that period of the annual rate of interest and any charges applicable.

Debt_Warrior

Thanks Fermi for your reply.
But upon assignment there must be a requirement for some proof of the amount owing at least. Before assignment my original creditor consolidated the 3 amounts into one and I then paid £10 per month for about 3 years so surely I am entitled to statements showing those payments and the remaining amount owed regardless of their original form.?

kel123_2

I am unsure about the legality of joining the debts together but I would have thought that they must remain separate within the grand total because they are different animals and all 3 are covered by different sections of the ccact. Did you agree to the consolidation and sign papers because this will effect the cca requirements i.e single fixed term loan and does the cca you reciecved reflect this? Also when was it taken out? If they are still separate are you sure the cca conforms to the ccact and contain the prescribed criteria. The OFT guidelines say that they shall send you a statement atleast every 12 months if an arrangement is in place.

I suggest that you read the threads on the consumer forums as well as the one's on here, were they outline more of the pro's and con's

Good luck

Kel