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Cca Requests Updates Please

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  • Seems myself and a few others received the same letter from BCard today, and would welcome anyone's comments on my thread please

    http://forums.moneysavingexpert.com/showthread.html?t=1715271

    I have to say I am getting totally confused with all this now and have no idea which way to turn for the best anymore.....
  • Kudox
    Kudox Posts: 429 Forumite
    Hi just wondered if anyone was able to provide any answers for me re my previous post #3080, just a bit cofused whether they have fulfilled there obligations as they say they have.
    Thanks
    DMP Support Thread Member 238 :D
    DMP started October 2008
  • MrsMB
    MrsMB Posts: 21 Forumite
    I had a letter from Akitiv Kapital about a barclays debt I have no knowledge off but requested a CCA anyway, they said that they cant find the CCA so are not pursueing me for the debt.:j

    Does that mean that they can pass it on to someone else and the whole thing starts again?
  • what happens if they do provide you with a cca agreement like they have with me that was signed, but prior to Jan 2007???
    NatWest Loan - £12,090.06 Mum/Dad - £14,750 TOTAL £26,840.06
    As of 01/01/2010 - DFW Date - 01/12/2014 59 MONTHS TO GO
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    what happens if they do provide you with a cca agreement like they have with me that was signed, but prior to Jan 2007???

    Then you must check to see that the 'agreement' is fully compliant with the requirements of the Consumer Credit Act.
    If it is, then I am afraid it is enforceable.
    If it is not compliant, then it is unenforceable.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    MrsMB wrote: »
    I had a letter from Akitiv Kapital about a barclays debt I have no knowledge off but requested a CCA anyway, they said that they cant find the CCA so are not pursueing me for the debt.:j

    Does that mean that they can pass it on to someone else and the whole thing starts again?

    They are NOT allowed to pass your details to another dca whilst they remain 'In Default'.
    IF you receive any correspondence from either the original creditor, or another dca, then send them the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter that you will find on post 8 of the following thread:

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

    Report any subsequent demands to the OFT.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Update to me CCa request to Marbles that got passed to 1st credit then Capquest.Spoke to Capquest on phone when they rang again, and they agreed to put account on hold for 2 weeks whilst the CCA was located. Then got a letter from them to say account was on hold for a further 28 days. Yesterday got a letter from Marbles to say they couldn't locate my 'historic CCA' but sent me a current unsigned one instead. Today get a letter from 1st Credit with a slip attached saying here is the info you requested. Its an unsigned CCA with my name and address printed on the top but someone else's account number and credit limit, definitely not mine. Who do I write to and say its all rubbish ( in as many words)? Or shall I just wait and see what turns up next? I actually CCA'd 1st Credit but its now with Capquest.Thanks x
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Update to me CCa request to Marbles that got passed to 1st credit then Capquest.Spoke to Capquest on phone when they rang again, and they agreed to put account on hold for 2 weeks whilst the CCA was located. Then got a letter from them to say account was on hold for a further 28 days. Yesterday got a letter from Marbles to say they couldn't locate my 'historic CCA' but sent me a current unsigned one instead. Today get a letter from 1st Credit with a slip attached saying here is the info you requested. Its an unsigned CCA with my name and address printed on the top but someone else's account number and credit limit, definitely not mine. Who do I write to and say its all rubbish ( in as many words)? Or shall I just wait and see what turns up next? I actually CCA'd 1st Credit but its now with Capquest.Thanks x

    What a load of 'twaddle' (I pinched that word from fermi because it sums it up nicely :rolleyes:) from Marbles, CRAPQUEST and 1st Credit.

    Marbles have broken the OFT 'Debt Collection Guidelines' by passing the 'debt' on to 1st Credit when they were 'in default' and 1st Credit have further broken these guidelines by passing it on to CQ - amazing.

    http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

    Now they are all not only in default, but need to be reported to OFT for the same treatment that their bedfellow, MacKenzie Hall, is finally receiving:

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

    The current 'terms and conditions' in noway constitutes the 'true copy of the original executed cca' that they were obliged to provide you.

    As I see it, you can, now, send CQ the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter as shown in post 8 of the following thread:

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

    But, in all honesty, I think that you would do better to report them to the OFT:

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

    Email: Enquiries@oft.gov.uk
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Unsure what to do now! Any ideas???

    Hi CM - Thanks for your pm

    A true and compliant copy of a consumer credit agreement must contain the terms detailed in the following post:

    http://forums.moneysavingexpert.com/showthread.html?p=7869437
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • helptheden
    helptheden Posts: 45 Forumite
    Hi,
    I am hoping that someone may be able to provide some advise.

    I have sent a CCA request on behalf of my sister to Lloyds TSB and the 12+2 deadline for responding is approaching (next monday) and she has not yet received any response from lloyds...

    She has however received a letter from a DCA informing her that they have taken over the debt from lloyds...It seems to me that Lloyds may have decided to pass this on since receiving the CCA request (abit of a coincident that they have decided to pass the debt on!!).. The DCA has also left a voice message requesting payment for the debt.

    I'm hoping that someone may be able to advise what to do next? Should she send a letter a follow up letter to lloyds saying that the debt is unforecable as they have not provided a CCA, should she contact the DCA or just ignore them? Is there any template letters for when no response is made to your CCA request?

    Any advise would be appreciated.

    Thanks
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