Cca Requests Updates Please

puddy

Hi, can any of you who have managed to find that your debts are unenforceable, tell me what it says on your credit files for those debts, has it registered as a default or something? thanks,

sorry if this has been covered here but there are 145 pages!!!!

blueforyou

Icanandwillsavemoney,

I've used the letter below 5 times and now recieve NO phone calls:j

Me
My House
My Town
My County
DCA Ltd
xxxxxxxHouse
xxxxxxx Street
Town
DCA Postdcode


DD MMMMMMM 2009


Dear Sir or Madam,

Your Reference number: xxxxxxxxx

Re: Harassment by telephone

In response to the call on xx January 2009 at TIME by DCA agents name, you are obviously ignoring my requests that I do not want calls from your office. I find them to be personally harassing.

I have verbally requested that these stop on many occasions and have now put this in writing. For clarity, my instructions are:

I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that telephone calls from your company will continue to be recorded.

Yours faithfully,



NAME (NO signature)

blueforyou

Lexicon wrote: »

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

Lexicon - there is no further letter as such. If no CCA is forthcoming, then at 12+2 the account is in serious Dispute. Some say you need to do nothing else until a CCA arrives, others feel a need to reply to any letters received (but not CCA's) reminding the the OC oir DCA the account is in dispute. Its a judgement call - any views anyone?

blueforyou

See this about CCA Test cases

http://news.bbc.co.uk/1/hi/business/8037983.stm

stapeley

cocker100 wrote: »

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

:beer::beer::beer:

Thankyou , maybe I will be asked to go on the money programme ?

pebbles88

blueforyou wrote: »

See this about CCA Test cases

http://news.bbc.co.uk/1/hi/business/8037983.stm

interesting article.. what will it lead to though which these test cases??? Im concerned that the companies may be able to enforce the agreement whether they're in wrong for not having the correct anyway IYSWIM.

stapeley

Huge implications , but at least we should get a clear ruling, and not just the luck of the draw whether we get a clued up Judge or not .

rigger_john

I can't see where they are going with this unless I'm missing something. I think the law is very clear on what constitutes an enforcable CAA. I can not see the use of a judicial review, these cases are not based in common law but statute so the judges change anything! IMO

cocker100

stapeley wrote: »

Huge implications , but at least we should get a clear ruling, and not just the luck of the draw whether we get a clued up Judge or not .

So what happens in the mean time if everything is put on hold?

If a creditor takes you to court for non payment of a debt and your defence is an invalid cca or even no cca at all, what happens?

Is their case against you also held up or what? The reason I ask is that one of my debts is very close to reaching the court stage I believe!

!!!

fermi

At the moment it means nothing of the sort.

That BBC article is more than a bit misleading. :rolleyes:

At the moment there is no stay. The proposed stay is for cases where the debtor is taking the creditor to court regarding enforceability, rather than the other way around.

The judge in question recently found in favour of a consumer on appeal regarding an unenforceable agreement.

Walker vs Southern Pacific Personal Loans. Chester County Court - 8/04/2009.

So at present, not anything to be concerned about.

There are a couple of running threads on CAG if you need to know more.