Cca Requests Updates Please

rog2

natashayannis wrote: »

Just wanted to say thanks to everyone for helping me on this thread, anyway just to let you know I sent my first lot of letters on the 3rd April req the CCA, Ive now printed the second lot to record delivery to go out today, hope this is all correct ??

Ive had replies back from the first letters but mostly saying they are looking for paperwork, Ive had one lot Eversheads (northern Rock) who are now threatening all sorts though.

thanks
natasha

Hi natasha - just go ahead with the 12+2 day letters. Ignore any letters that you have received, which are asking for extra time and, especially the threats from Eversheds.
The clock started ticking on the day that they received your cca request - they are only trying to divert your attention away from that fact.
It is worth remembering that the OFT has recently put one dca (MacKenzie Hall) on a formal warning for trying to 'collect' against debts which were legally unenforceable:

http://forums.moneysavingexpert.com/showthread.html?t=1639473

The Law is on your side.

Kentmumof1

thanks rog2 that make me feel a lot better, the way some of their letters are worded is frightening sometimes, specially when they threathen to send people round and that !

natters_2

I just want to double check what my next step is.

I sent a CCA request and consequent 12 + 2 default letter to Newman DCA who were acting for RBS - the only correspondence I have had from Newman since I requested the CCA is a letter saying they can't supply the agreement, but it doesn't affect the validity of their claim etc, and that if I want this documentation I need to go direct to RBS. (no CCA has been supplied by either of them, but I didn't request one from RBS as it was Newman asking for the money. At no point since the CCA request was sent have I recieved anything at all direct from RBS regarding the debt or the CCA.)

Now I get a phone call, followed by a letter from Fredrickson International Limited demanding payment.

I am making the assumption that Newman passed it back to RBS who then sent it over to Fredrickson.

So as the account is in default with Newman does this also mean that it is in default with RBS.

Do I need to send another CCA request to Fredrickson or an account in dispute bog off letter?

Lexicon

Hi all,

Got a letter back from 2 of the solicitors in response to the 12+2 default letters. One is still insisting that they are not accountable for the CCA request and the other, who is representing British gas from 2000 for central heating installation, are saying that they never had a credit agreement with me and that our account was invoiced to be paid immediately. What do I do with these people now.

Help

Lexicon

natters wrote: »

I just want to double check what my next step is.

I sent a CCA request and consequent 12 + 2 default letter to Newman DCA who were acting for RBS - the only correspondence I have had from Newman since I requested the CCA is a letter saying they can't supply the agreement, but it doesn't affect the validity of their claim etc, and that if I want this documentation I need to go direct to RBS. (no CCA has been supplied by either of them, but I didn't request one from RBS as it was Newman asking for the money. At no point since the CCA request was sent have I recieved anything at all direct from RBS regarding the debt or the CCA.)

Now I get a phone call, followed by a letter from Fredrickson International Limited demanding payment.

I am making the assumption that Newman passed it back to RBS who then sent it over to Fredrickson.

So as the account is in default with Newman does this also mean that it is in default with RBS.

Do I need to send another CCA request to Fredrickson or an account in dispute bog off letter?

Hi Natters,

From what I gather, and there are people who will let you know if I am wrong on this, but if you sent the CCA request they are NOT allowed to transfere the account to anyone or add interest or infact contact you until they produce the requested documents I would write to the NEW DCA and inform them that they, Newman and the RBS are in breach of the law until the requested documents are produced.

MudPie_3

Hi Everyone
Earlier this month I sent a CCA request to M&S for a credit card.

The letter said...

Re Account Number xxxxxxxxxxxxx
With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of the credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of the credit agreement should be supplied within 12 working days.


Today a reply has been received which says (sorry could not attach a scan)

Thank you for your recent request for a copy of a statement of account regarding the account that is held by M & S, under the terms of the data protection act of 1998.

Under the data protection act, may I advise you that before we can provide a copy of this information, which will be forwarded to you by recorded delivery, we need a signature of authority. Please allow 40 working days for the processing of this request, commencing from our receipt of the application and your signature of authority.

If you wish to procees with the request for a copy of this information please can you sign the enclosed form and return the pre-paid envelope provided.

If you require further guidance, please write to me at the address given on this letter or telephone us. Please note that personal details will not be discussed on the telephone, but general advice related to the data proctection act will be offered.

The form attached details the account number and space to enter name and address then says

I wish to apply for a copy of all personal information that is held relating to the above product, under the terms of the data protection act of 1998 and I have already provided the relevant fee of £1.00

Signature .....................


The strange thing is they have already responded to 2 letters previously sent about reducing payments and interest on the account, which only had a printed name on the bottom!

I am assuming that either they have sent completely the wrong letter in reply to the request, or just want to get a signature. :rolleyes:

The 12+2 days dont expire till next week. I know there is a letter around here somewhere in response to their request for a signature, but should I add in something about the fact the request was made under the CCA act and not the Data protection act??

Should I then send the 12+2 letter when the time is up from the original request, or should i just wait altogether until next week and do it all in one letter?

Thankyou

Mudpie

DrScotsman

I have a quick question. I have absolutely nothing to do with this CCA request stuff, this is purely because I'm just interested . My question is, I'm sure I've opened some credit accounts online (in the past 2 years) and never supplied a signature. I mean I opened a Littlewoods account and had to send back a signed CCA, but I don't remember having to do this with both Natwest and Capital One. Doesn't there have to be a signed agreement? Or would you guys say my memory definitely failing me?

EDIT: Nevermind, this link tells all

10past6

MudPie wrote: »

Under the data protection act, we need a signature of authority. Please allow 40 working days for the processing of this request

They are referring to an SAR request, your CCA request does NOT require a signature

MudPie_3

10past6 wrote: »

They are referring to an SAR request, your CCA request does NOT require a signature

Thankyou I just wanted to double check before sending them a reply

rog2

natters wrote: »

I sent a CCA request and consequent 12 + 2 default letter to Newman DCA who were acting for RBS - the only correspondence I have had from Newman since I requested the CCA is a letter saying they can't supply the agreement, but it doesn't affect the validity of their claim etc, and that if I want this documentation I need to go direct to RBS. (no CCA has been supplied by either of them, but I didn't request one from RBS as it was Newman asking for the money. At no point since the CCA request was sent have I recieved anything at all direct from RBS regarding the debt or the CCA.)

Now I get a phone call, followed by a letter from Fredrickson International Limited demanding payment.

Hi natters - the account was 'in dispute' and Newman were 'in default' - period.
This means that they (Newman and RBS, if Newman were working on behalf of RBS) had no legal right to pass on your details to another dca - in this case Fredrikson International.
Send the 'In default' letter to Fredrikson - you will find it on post#8 of the following thread - http://forums.moneysavingexpert.com/showthread.html?t=963087

You can also report both Fredrikson International and Newman to the Office of Fair Trading - they are, currently, very interested in dcas who show this level of contempt to the operating guidelines to which they must adhere in order to retain their license to operate in this questionable industry.