Cca Requests Updates Please

tishywish

It was sent recorded delivery, I'll double check the post office site to make sure it was received. How do I now go about reporting to Trading Standards etc? Do I just write to them with copies of the letters?

stapeley

In a way this is good news . Would seem that a CCA is not available , so the orginal DCA sold it on . Which under the rules they are not allowed to do .Speck to Payplan about it as well.

westmids_3

hi , help needed her if possible..i requested a cca from studio and enclosed a £1 postal order... they have now got a dca on to me and on my new statement they have accepted the £1 postal order as a payment off my balance ! do i send a letter to the dca or do i dispute it with studio? thanks

rog2

westmids wrote: »

hi , help needed her if possible..i requested a cca from studio and enclosed a £1 postal order... they have now got a dca on to me and on my new statement they have accepted the £1 postal order as a payment off my balance ! do i send a letter to the dca or do i dispute it with studio? thanks

Send the dca a copy of 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

As far as 'studio' are concerned - they have failed to honour their legal obligations under the Consumer Credit Act by not providing you with a true copy of the original executed cca, within the legally prescribed time frame, and are now 'In Default'.
Whilst they remain in default they can not pursue the account, nor can they, legally, pass it on to a third party for pursual/collection.
It does not matter what they have done with the £1 - providing you sent a formal cca request they were, and still are, legally obliged to comply with that request. If you have proof of delivery, plus a copy of your original request letter, then studio would not be able to 'use' this £1 as a way to say that you have, by making this payment, 'acknowledged the debt'.
Did you send them the '12+2' day letter? If not, I suggest that you do this now - a template can be found on the above link.

westmids_3

thanks a lot . i'm not sure i have proof of delivery , only the fact they accepted the postal order that was in with the letter.. i will send the 12+2 letter and send it signed for delivery.

blueforyou

westmids wrote: »

thanks a lot . i'm not sure i have proof of delivery , only the fact they accepted the postal order that was in with the letter.. i will send the 12+2 letter and send it signed for delivery.

west mids - I always send by "2nd class, recorded signed for". this costs about a pound for a normal size letter and you get a barcode which allows tracking AND you can print off the actual signature using the Royal Mail track and trace website.

This has been invaluable to me when Financial institutions try to pull the "we've not received it" fraud.

rog2

GirlRacer wrote: »

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

Depends when she opened the accounts, GR. The Act was amended in 2007 to 'allow' for on-line accounts for which there would be no signature. Accounts opened before then, even on-line, still require a compliant cca.
Just one small point, GR - the Act does not require a creditor/dca to provide a 'signed' copy of the cca - merely a true and compliant copy of the 'executed' consumer credit agreement.
Either way if Studio are unable to provide the copy of the original executed agreement within 12 working days of your sister's official request, accompanied by the £1 Statutory Fee, then they would be 'in default' and whilst they remain in default they can not chase her for money - or pass the 'debt' to a dca for collection:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

baileywoos

Hi

Hubby has today received a letter threatening court action from a DCA for a debt accrued in England almost 6 years ago. (We now live in Scotland)
The letter says he has 7 days to respond.
Since we have moved to Scotland (almost 6 years ago) we have received no demands for this debt and no letters from the credit card company, this court threat is the first correspondance.

Should he go straight for sending the CCA letter or go for a proof of debt letter first?

Does anyone know whether the letter is likely to be a threat to force us into a payment pan or can they literally just start court proceedings?

kinjo1

cocker100 wrote: »

It has been 2 weeks now.

It took them over 8 month to provide me with my CCA, but parts of it are illegible and it doesn't contain the key prescibed terms.

They rekon it does, I and people on here rekon it doesn't, so I asked them to send me another copy and hightlight where they think the prescribed terms are.

Also said that I'd not make any more payments until they produced their evidence and if they dont like it then pass to solicitor for litigation and that I would fight it in court.


Cocker:)

Thanks buddy, was wondering if u wudnt mind having a look at the CCA i recieved post #3383 and let me know what you think?

I would ver much appreciate it!

cocker100

kinjo1 wrote: »

Thanks buddy, was wondering if u wudnt mind having a look at the CCA i recieved post #3383 and let me know what you think?

I would ver much appreciate it!

Hiya,

It seems that they have just send you a copy of the terms and conditions for the account. This does not fulfil a CCA request and if that is all they have got then it would not be enforceable in court as there is no signed copy of a credit agreement containing the prescribed terms.


This is my view of it anyway!


Cocker:)