Cca Requests Updates Please

fermi

upferret wrote: »

Thanks very much, one last question.. if they do not aknowledge the default and place interest or ask for payment, who do I complain to?/what should I do?

Complain to the OFT and trading standards.

rog2

upferret wrote: »

if they do not aknowledge the default and place interest or ask for payment, who do I complain to?/what should I do?

Complain, initially, to the OFT (they are, currently, very interested to hear of creditors and dcas who do not comply with their legal oligations under the Consumer Credit Act)

Enquiries
Office of Fair Trading
Fleetbank House
2 - 6 Salisbury Square
London
EC4Y 8JX

Email: [EMAIL="Enquiries@oft.gsi.gov.uk"]Enquiries@oft.gsi.gov.uk[/EMAIL]

rog2

Broken_hearted wrote: »

There argument is that I (not my DH) have been paying the account for all these years so I should continue to do so. There is no use of credit on the account in all the years I have been paying it.

Their argument is fundementally flawed, BH. Many people have 'paid into' and 'used' accounts which are not the subject of compliant consumer credit agreements - that fact does not render the agreement 'compliant'. In fact it could work the other way - if a Court found that the agreement was not compliant it could, indeed has, decree that the funds in question had been 'gifted' to the debtor. The debtor could, potentially, ask for any payments that he/she had paid into the account to e returned.

blondie46

Complain, initially, to the OFT (they are, currently, very interested to hear of creditors and dcas who do not comply with their legal oligations under the Consumer Credit Act)

Enquiries
Office of Fair Trading
Fleetbank House
2 - 6 Salisbury Square
London
EC4Y 8JX


I contacted these people with regards to Monument credit card. They told me it was not their problem in so many words. They told me to contact CCCS or CAB. Its like banging your head against a wall because no one seems to want to help.

blondie46

rog2 wrote: »

This is now 'Harrassment' which is contrary to both Section 40 of the Administration of Justice Act, 1970, and the Protection from Harassment Act, 1997.

It is, to put it simply, illegal. For some reason, known only to themselves, M&S seem to think that they have a God Given right to ignore the Law. Another poster (Brokenhearted) is receiving the same treatment from them. :mad: :mad:

First of all, send them the 'Harassment by Letter' letter

This letter will inform them that any further telephone calls will, also, put them in breach of the Communications Act, 2003.

If the calls continue - do not hesitate to report them to the OFT - even OFCOM.




I have also sent the 'do not harass me with your phone calls' letter to Monument. They have completely ignored it and still ring me up to 5 or 6 times a day. I complained to one of their call handlers and told them I would report them for harassment. I was told 'You can tell who you like' No one seems to take any notice and when you complain you still dont get anywhere. I have now complained to trading standards, OFT, FSA and my phone provider and not one of them can do a thing. Bloody useless!!!

louiser123

can someone please point me in the direction of the 12+2 days letter, i have trawled but to no avail!! thanks in advance

Lexicon

Hi All,

What do I do if the solicitors send back my request and default letter without cashing my cheques and still refuse to believe that they are responsible for providing me with the CCA.

thanks

rigger_john

louiser123 wrote: »

can someone please point me in the direction of the 12+2 days letter, i have trawled but to no avail!! thanks in advance

The standard letters are here you need to alter the 12+2 letter by deleting the following.

(a) He is not entitled, while the default continues, to enforce the agreement; [STRIKE]and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.[/STRIKE]

as the law changed and (b) no longer applies

regards

rigger_john

Lexicon wrote: »

Hi All,

What do I do if the solicitors send back my request and default letter without cashing my cheques and still refuse to believe that they are responsible for providing me with the CCA.

thanks

I think you should just send the 12 + 2 letter when the time is up, consider adding some thing like this,

Allow me to remind you that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the Consumer Credit Act 1974. The Consumer Credit Act.


Consider them sending your cheque back as a little bonus, becasue they still are obliged to provide the documents once you have made the request even if they don't except the payment


Regards

Lexicon

rigger_john wrote: »

I think you should just send the 12 + 2 letter when the time is up, consider adding some thing like this,

Allow me to remind you that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the Consumer Credit Act 1974. The Consumer Credit Act.


Consider them sending your cheque back as a little bonus, becasue they still are obliged to provide the documents once you have made the request even if they don't except the payment


Regards

Thanks for that,

I have already sent the 12+2 letter and they sent that back also. Should I resend the 12+2 with the bit about section 189.

Thanks