Cca Requests Updates Please

blueforyou

gilligansyle wrote: »

Just for info, a while ago I asked 1st Credit for copy of CCA, sent all the appropriate letters etc. They responded by saying they had passed account to another company.

At the time I had started a DMP with CCCS so gave them this information, every time CCCS try to contact, it is returned with incorrect account information quoted.

In March I received a letter from Citifinancial stating that they had passed my account to a DCA, since then I have had letters from 3 different companies all stating they are acting on behalf of Citifinancial. I have never had an account with Citifinancial, who apparantly used to trade as Avco, so do I now have to start again and contact Citifinancial, or do I have to send £1 to each of these companies/

Even though I know they can't produce a CCA with my signature on as I have never had an agreement with any of these companies.

Hello. From what you have put, I understand that First Credit are , despite their comments to the contrary, STILL responsible to provide the CCA agreement. When did they pass the account on? Was it when you asked for the CCA?. If so, that response in totally incorrect. If there was a gap of 12+2 days between your request and any letter from 1st Credit, then the account is in dispute and cannot (in law) be passed on to a third party.
There is a letter I use, I call it the "bemused letter" that asks why it was passed on. Please can you look at the questions I've asked and post again.

clarab_3

lloydjones wrote: »

Can someone please advise me on what happens now?

Any update? I'm considering doing the same.

maldini14

Many thanks for the response. Still a bit at a loss as to whether I should send the 12+2 letter or as Stapeley says, I should sit tight. Ultimately I am a bit worried about any possible consequence of pursuing this. Been in a DMP for almost two years and Link have been one of the decent ones to deal with!

Sorry to bang on about this but I am steadily trying to sort all my debts out and any way i can whittle it down has to be worth a try.

Again thanks in advance for any help, it really is appreciated:T

rog2

maldini14 wrote: »

Many thanks for the response. Still a bit at a loss as to whether I should send the 12+2 letter or as Stapeley says, I should sit tight. Ultimately I am a bit worried about any possible consequence of pursuing this. Been in a DMP for almost two years and Link have been one of the decent ones to deal with!

You can do whatever you want, maldini - the 12+2 day letter is, in effect, your way of actually telling Link Financial that you know that they are in default and that they are not allowed to 'enforce the agreement' whilst they are in default.
What many DCAs do is to attempt, as they have done with you, to divert the debtor's attention away from the fact that they have been, or are, unable to fulfill their legal obligations and will, once they are satisfied that the debtor is, indeed, unaware of his/her rights under the Act, continue to harass the debtor as if the 'cca request' had never existed.
Your call, maldini - perhaps you should talk to one of the Debt charities for more formal advice.
Good luck.

stapeley

Update on one of my "accounts ". After 6 months of silence from crap -quest . I now have another letter from there "

in house

solicitors". H L Legal . What a name ! Now threatening legal proceedings if I do not pay" arrears on the arrangement you have made of £---- by

---

. Legal proceedings will incur the following costs

---

Interest will also be added , accruing on a daily basis "

Firstly I will point out the account still in dispute.
Second , that no collection action can be taken while in dispute .
Thirdly , court cost will be incurred by themselves when a Court rule unenforceable due to NO CCA !
And finally that the OFT are taking a dim view of companies using these threatening tactics while a account is in dispute !

dvs

Having a bit of a problem with MBNA. They've still not supplied the CCA following my request in February. They've said they do not deem the account to be in default and have been adding interest and charges. We've had DCAs calling for the missed payments and now MBNA are threatening to pass the entire debt over to a third party. I know MBNA aren't allowed to pass the debt on, but am I better off allowing them to do so because all I'll have to tell the DCA is that they have not supplied the CCA? Or will I be better dealing with MBNA direct?

louiser123

hi all,

i have recieved a letter in response to my cca request to fredrickson, they have sent a scrappy piece of paper which they say is an account statement!! and now concludes my request for information.

i wrote back recorded again saying that this in no way is suitable to my request and i requested my credit agreement, as they have not fulfilled this request the account remains in dispute and they can not carry out collection activity nor pass onto another dca and cannot process my data with cra files ect.
i have given them a further 7 days to produce the cca as i originally wrote on 12th april, then followed by 12+2 in may

question here is am i right that they have to produce a copy of the cca? or can they just send this rubbish bit of paper?? and am i right that it remains in dispute till they produce the cca?? i know they cant as i never signed one.

thanks in advance for any clarification

rog2

dvs wrote: »

I know MBNA aren't allowed to pass the debt on, but am I better off allowing them to do so because all I'll have to tell the DCA is that they have not supplied the CCA? Or will I be better dealing with MBNA direct?

The dreaded MBNA - like M&S they think that they are above the Law - at one stage they were arguing that, since they are an American Company, they were not subject to British Consumer Legislation, in particular the Consumer Credit Act, 1974. :mad: :mad:

I know that it seems a bit of a contradiction, dvs, but you probably will be better off if they pass the 'debt' to a DCA.

Simply send any dca who contacts you in relation to the alleged debt a copy of the 'ACCOUNT IN DISPUTE' letter that fermi has posted in post#8 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

rog2

stapeley wrote: »

Firstly I will point out the account still in dispute. Second , that no collection action can be taken while in dispute .
Thirdly , court cost will be incurred by themselves when a Court rule unenforceable due to NO CCA !
And finally that the OFT are taking a dim view of companies using these threatening tactics while a account is in dispute !

That, and reporting them to the OFT/Trading Standards, is about all you can do for the moment.

I'm not sure that I, personally, would have the common decency to inform HL Legal before reporting them.

rog2

louiser123 wrote: »

question here is am i right that they have to produce a copy of the cca? or can they just send this rubbish bit of paper?? and am i right that it remains in dispute till they produce the cca?? i know they cant as i never signed one.

You are correct louiser - they must provide a true copy of the original executed cca.
They have not, therefore - once the 12 working days have elapsed, and assuming they do not produce anything else, then they are 'in default' and can not 'enforce the agreement' without permission from the Courts.
The only thing is - it need not be a 'signed' copy, providing it is a 'true' copy.