Cca Requests Updates Please

louiser123

hi to all you great helpers and advisors out there just another question!!

i recieved a letter from lowell thurs with deed of assignment letter from original creditor saying lowell have bought the debt, i have cca lettered them but today on checking credit files i noticed on my hubbys experian they have done a financial associate search onhim, debt isnt his its mine and has nothing to do with him, they have however not done a search on my file??? are they allowed to do a search full stop as i have not applied for anything nor given my consent for them to access my file any advice would be greatly appreciated and i will update when/if i get a reply to my cca request ffrom them.

blueforyou

dvs - yes it is.

BlueIsTheColour

I saw an article in the news yesterday about the courts or judges possibly asking for a stay on people bringing/disputing claims under the CCA auspices due to the enormous backlog apparently...... It said they wanted to have some more clear test cases before proceeding due to the large number of people requesting info under the CCA which were now clogging up the courts?

As I write this, it seems a bit muddled but I hope you understand the gist of what I am trying to say?

Has anyone heard anything of this?

louiser123

i read that too somewhere the other day, i think its a case like claiming bank charges scenario, they want time to find a way to try to stop it, thats just my opinion though but i did read the same info.

dvs

I think the judges have to follow the law and the law says that in certain circumstances certain debts are not enforceable. Whilst the law almost certainly wasn't designed to allow people to not pay back debts, it seems to be the interpretation of the law as it stands today.

Yorkshire_Bred

louiser123 wrote: »

i read that too somewhere the other day, i think its a case like claiming bank charges scenario, they want time to find a way to try to stop it, thats just my opinion though but i did read the same info.

From what I gather this came about on the back of a CCA case which was handed down in favour of the consumer, because of a large amount of subsequent claims initiated on the back of this Judgement clarification on some points of Law (in the form of a few select test cases) has been sought via the Commercial Court.

stapeley

dvs wrote: »

I think the judges have to follow the law and the law says that in certain circumstances certain debts are not enforceable. Whilst the law almost certainly wasn't designed to allow people to not pay back debts, it seems to be the interpretation of the law as it stands today.

A CCA is a contract like any other . Two parties make an agreement and sign a contract . If either of the parties break the contract, a claim can be put to the courts .
Now if one of the parties choose to take the other to court , a signed contract has to be shown to the court . It is no good saying that one agreed to so and so , without proof of the details of the contract , there should be in law no case to answer. SO NO CCA , CASE DISMISSED !
In many cases these card or loan accounts are sold on to a third party . Is is done without the express permission of other party . It is claimed that these and other conditions are agreed upon when the agreement is signed . Fair enough , but if there is no true copy of the agreement available how can it be proved ? That alone should be enough for a court to dismis any claim .

cocker100

Well done stapely, you've reached the 80,000 mark!!!

:beer::beer::beer:

Lexicon

Hi everyone,

I've had a few results from the CCA requests and the 12+2 letters:T, but there are still some dca's that havn't replied:mad:. What would you guys do...would you contact them further or not??

Is there a letter for after the 30 day mark?

Thanks

Icanandwillsavemoney

Hi all

Couple of questions if I may.

Moorcroft have ignored the telephone harrassment letter and started calling again. I have been up front and said Barclays failed to supply the correct documentation in response to my CCA request and have also failed to supply all documentation in regards to my SAR and I said what was missing - I know I should have kept quiet but i want the original CCA so I got a bit toooo chatty. I ended the conversation with this is the last time I will communicate over the phone - put everything in writing as per the telephone harrassment letter. They have called 3 times in 2 days since that call.

My question is where will I find a template to complain about them ignoring the telephone harrassment letter and who do I complain to?

Thank you everyone.