Cca Requests Updates Please

rog2

Eupho wrote: »

I was going to send my CCA requests tomorrow.. (done them all) .. Is it too soon? .. or doesnt it make any difference when?

It's never too soon, Eupho - send them tomorrow - and don't forget to use a 'signed for' delivery service.

In fact, as you are on a self administered DMP, it is probably best that you check all of your 'debts' to make sure that they are in fact enforceable. It will, then, allow you to concentrate on the more important debts.

blind-as-a-bat_2

rog2 wrote: »

Good link, bat. :T Shame they didn't mention Secchiari, Clark and Mitchell as the 'next step' in their 'in-house' trail of oppression. :mad: :mad:

And to think that it is our taxes that are paying the lion's share of these 'thugs'. :rolleyes:

I have not finished it yet;), i was bored yeterday, so had a play at a few ideas, not sure where it may go yet:D

Eupho

rog2 wrote: »

It's never too soon, Eupho - send them tomorrow - and don't forget to use a 'signed for' delivery service.

In fact, as you are on a self administered DMP, it is probably best that you check all of your 'debts' to make sure that they are in fact enforceable. It will, then, allow you to concentrate on the more important debts.

Brilliant Rog! thank you! :T

I have them all ready to go today.. (recorded)

rog2

blind-as-a-bat wrote: »

I have not finished it yet;), i was bored yeterday, so had a play at a few ideas, not sure where it may go yet:D

Perhaps HSBC and MCS

maz1964

Hiya Eupho

i also agree totally with Rog2 last post as im doing just that,,,,

this way i can see what the creditors do hold,,,oh they will try and make life difficult,,but i m not talking on the phone all in writing surprising how that really slowsssssssssss things down,,,,gives you a bit of breathing space,,,,just let me know if i can help too

keep positive,,,out of mine so far only about 2 are possibley okay,,, out of 13 it pays to do it honest!

cheers maz

Eupho

maz1964 wrote: »

Hiya Eupho

i also agree totally with Rog2 last post as im doing just that,,,,

this way i can see what the creditors do hold,,,oh they will try and make life difficult,,but i m not talking on the phone all in writing surprising how that really slowsssssssssss things down,,,,gives you a bit of breathing space,,,,just let me know if i can help too

keep positive,,,out of mine so far only about 2 are possibley okay,,, out of 13 it pays to do it honest!

cheers maz

aaww thank you Maz! :beer:

I always did intend to send them (I think haha) .. Just wasn't sure if me doing it now.. impacted anything further down the line. :eek:

But if not.. then that's me stood in the PO in amo.. for the next 25mins.. while the dear ole lady types in 13 creditors addresses.. hahah

Well.. two are Overdrafts.. so I cant do those can I? ... (I didnt) ..

rog2

Eupho wrote: »

Well.. two are Overdrafts.. so I cant do those can I? ... (I didnt) ..

No, Eupho - Overdrafts are not, generally, covered by the Act. Niether are 'Mobile Phone Agreements' as these are 'Consumer Service Agreements' as opposed to 'Consumer Credit Agreements'.

If you wish to query any aspect of an overdraft, or mobile phone agreement - for example charges, interest etcetera, you would need to make a 'Subject Access Request' or 'SAR'.

This can take longer than a CCA request, as the creditor would have 40 days in which to reply, but would have to send you everything that they hold on file about you, including any agreements, which would allow you to identify any errors or flaws.

MS_Dolphin

Hi All,

I've just had this from 'Mercers debt collections limited'

It's the full text except account details etc:



IMPORTANT NOTICE

We are dealing with your account on behalf of Barclaycard. This account is still overdue and we have been unable to contact you.

We will be instructing a local debt collector to visit you at the above address to collect payment.

To avoid this happening telephone Mercers Debt Collections Ltd immediatelly on 0845 XXX XXXX.


Can they do this - send someone around?

Any ideas what I should do next as well as if they do show up? Seriously, this is starting to get worrying especially if my wife and son are at home and I'm not if they call.

Thanks in advance.

10past6

Ms Dolphin

Send them the following letter, in the meantime, if your account is in dispute with them, and they are aware it is, you MUST report them to OFT & TS, send the OFT & TS copies of all your dealings with the company

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully/sincerely,

rog2

MS_Dolphin wrote: »

We will be instructing a local debt collector to visit you at the above address to collect payment.

Can they do this - send someone around?

Just to agree, 100%, with 1810, MS D.

Mercers (who I also have had the misfortune to have 'dealt' with) are literally trying to divert your attention away from the fact that they have not fulfilled their legal obligations under the terms of the Consumer Credit Act.

They are, currently, 'in default' and, as such, are forbidden from attempting to 'enforce the agreement' so, as 1810 says, you must report them to Trading Standards and the OFT.

Furthermore, in the unlikely event that they do instruct a local debt collector to call at your house, you should be aware that that 'person' will have no rights whatsoever - even less than your milkman. He/she would have no right of entry to your house - whether peaceful or otherwise. He/she must not infer that he/she has any powers of 'siezure' or recourse (as the debt is in dispute) to 'Legal Action' against you - of any kind. You are under no obligation whatsoever to discuss the debt with him/her and he/she must leave immediately when you ask him/her to leave.

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