Cca Requests Updates Please

Bazza66

jaybag wrote: »

Thanks a lot bazza,really helped me out there,just one more thing,do I tell the DMP company I am with not to pay them at the moment or carry on? sorry for more questions

No problem - glad to help - after all this forum helped me so its nice to pass it back to others.

As for carrying on payments.... This is down to you since there are no set rules. Basically the ball is in your court as regarding payments. Some choose to make no payment, some little payments and some even offer a very much reduced final settlement payment.

The choice is yours based on what your current circumstances are.

But remember that because they have not found a CCA now does not mean one could turn up in x months time. But chances are it won't if they could not find one now. But be prepared for another DCA to "try it on" - there's another letter to deal with that one should it happen.

Hope this helps.

sandalwood_2

Bazza66 wrote: »

No problem - glad to help - after all this forum helped me so its nice to pass it back to others.

As for carrying on payments.... This is down to you since there are no set rules. Basically the ball is in your court as regarding payments. Some choose to make no payment, some little payments and some even offer a very much reduced final settlement payment.

The choice is yours based on what your current circumstances are.

But remember that because they have not found a CCA now does not mean one could turn up in 12 months time.

hmmmm....what I may do then is send the letter out on monday and pay them again at begginging of August (july payment gone already) and then maybe post again and see what others think I should do or if anyone else is in same situation
Again,thank you for your help

Weekend_warrior

Bazza66 wrote: »

I'm at work at the moment so not got much time looking into this but my initial findings are that you have reset the clock by making the payment. Dont take this as gospel since this is my initial thoughts.

Interesting question and I shall research more later.

Hi Bazza,

Thanks for your time please look into this when you can and let me know your findings, as I said people are divided on this issue of statute barring some say the clock resets if you start paying, others say once statute barred always statute barred.
I am very grateful to you for your time.

W.W.

GirlRacer_2

Can somebody give me some advice here. I've been helping my sister with her debts, she has 3 debts which she took out in the last 12 months with Studio Cards, Shapely Figures and La Redoute. She states that when placing orders she placed them on-line and has never signed a credit agreement. Can she write to them and request as CCA? If they can't produce one does that mean they cannot chase her for the money. I can't quite get my head around this

fefesaver

Hi everyone.

I need a bit of advice as I am not sure what to do next. I sent a CCA request in in respect of a loan which is being dealt with by a dca. The loan was orignally with HSBC and was combined with an overdraft on a bank account also held with HSBC and they sold these onto the dca, seemingly as one account. I wanted to see the original loan agreement because I was not sure whether I had been charged PPI. The dca did not send me anything for a few months and have now produced a CCA which relates to a credit card I had with HSBC which seems to be nothing to do with their debt. They have also send a bundle of statements which include all accounts I had with HSBC, several of which are not part of their debt (including a personal account, flexiloan etc).

They claim that this is the credit agreement with respect to the account but I do not agree. I think all the information has been mixed up at some point by HSBC. The statements enclosed do not even show all of my payments. What should I do now? Any advice would be appreciated.

It also states that the agreement is only partly regulated by the Consumer Credit Act. Would this be because it was for a business card?

Bazza66

Weekend_warrior wrote: »

Hi Bazza,

Thanks for your time please look into this when you can and let me know your findings, as I said people are divided on this issue of statute barring some say the clock resets if you start paying, others say once statute barred always statute barred.
I am very grateful to you for your time.

W.W.

Makes for interesting research since Scottish and English Statute Barred are slighty different (apart from the 5 and 6 year difference).

My general feeling, and I do not work in law in any shape for form so its my opinion only, is that once it is Statuted Barred (in Scotland) then you cannot reset the clock.

This is because in Scotland the obligation to pay the debt is extinguished and the obligation cannot be re-enforced. In England it is slightly different - the debt still exists but the it cannot be legally enforced.

"The above instructions (English Statute Barred) do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced."

So the money you paid you could, I suppose, be legally entitled to have back but getting money out of a DCA is like getting blood from a stone. So unless you want to have a go at it (they may just pay it back) it could end up being a long battle - it may be easier for you just to write that amount off.

This is only my opinion and would welcome other to comment on it. But the way I read it you cannot reset that clock in Scotland.

Hope that helped - I certainly enjoyed researching it - sad I know! Actually I am thinking of taking up a distant learning law course - its actually quite interesting.

tishywish

Hi, not sure if someone on this thread can help me? I've put a thread up separately about this too.

I sent the CCA request letter, didn't hear anything back within the month, but carried on paying the original DCA. That DCA then passed the debt onto a new DCA and have ignored my letters telling them they're not supposed to do that! The new DCA has also ignored my letters telling them they shouldn't have the debt and are now hassling me for a "missed payment" - I didn't tell Payplan to change who the payment went to as I thought the original DCA was in breach of the rules.

Now what?

Bazza66

tishywish wrote: »

Hi, not sure if someone on this thread can help me? I've put a thread up separately about this too.

I sent the CCA request letter, didn't hear anything back within the month, but carried on paying the original DCA. That DCA then passed the debt onto a new DCA and have ignored my letters telling them they're not supposed to do that! The new DCA has also ignored my letters telling them they shouldn't have the debt and are now hassling me for a "missed payment" - I didn't tell Payplan to change who the payment went to as I thought the original DCA was in breach of the rules.

Now what?

I assume the original DCA who you CCA'ed did not send you anything? Did you then send the 12+2 letter to the original DCA? I posted a sample of 12+2 letter on here - http://forums.moneysavingexpert.com/showpost.html?p=22978111&postcount=3419

You need to send a letter to the new DCA since the account is in dispute. Account in dispute letter here http://forums.moneysavingexpert.com/showpost.html?p=11636233&postcount=8

tishywish

The new DCA has already had that letter, and I've received no response from them. They've written to me but not replying to my letter. The original DCA had the 12+2 letter - I haven't heard anything from them at all since they said they were trying to find my CCA (words to that effect, anyway).

Shall I send the account in dispute letter again demanding a reply?

Bazza66

tishywish wrote: »

The new DCA has already had that letter, and I've received no response from them. They've written to me but not replying to my letter. The original DCA had the 12+2 letter - I haven't heard anything from them at all since they said they were trying to find my CCA (words to that effect, anyway).

Shall I send the account in dispute letter again demanding a reply?

Looks like the original DCA have no chance of finding the CCA so sold the account to another DCA. Not uncommon.

Have you got proof of the new DCA recieving the "Account in Dispute" letter? If so then if they continue to write to you then they are breaking alot of rules.

As it states in the letter

"If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action."

then this is your next course of action if they are ignoring the "Account in dispute" letter which you can prove they have received.