Cca Requests Updates Please

typical_blonde

Sent dlc CCa letter on 20/07/09 received and signed for by them on 21/07/09, continued getting phone calls (which I didn't answer) so yesterday sent 'harrassment by telephone letter' by recorded delivery. Today received letter telling me that they were instructing their Solicitors to issue legal proceedings as "you have failed to make payments or to maintain an acceptable payment arrangement". Is there a letter template appropriate to this situation? I was under the impression that until they produce a bone fide CCA that the matter was under dispute and no action could/should be taken or have I got it all wrong?

rog2

typical_blonde wrote: »

Sent dlc CCa letter on 20/07/09 received and signed for by them on 21/07/09, continued getting phone calls (which I didn't answer) so yesterday sent 'harrassment by telephone letter' by recorded delivery. Today received letter telling me that they were instructing their Solicitors to issue legal proceedings as "you have failed to make payments or to maintain an acceptable payment arrangement". Is there a letter template appropriate to this situation? I was under the impression that until they produce a bone fide CCA that the matter was under dispute and no action could/should be taken or have I got it all wrong?

Wait until the 12 working days have expired - that's 12 working days from their receipt of your cca request (i.e. 12+2 calendar days) - then send the 12+2 day letter.

What they are doing, now, is to try and divert your attention away from the fact that they, most probably, can not provide you with a true and compliant copy of the original consumer credit agreement.

Just ignore the threats for the moment - it will take more than a few days to initiate Court Action, by which time they will be 'in default' and you will have a valid defence.

typical_blonde

Thanks Rog2, I thought it was a smoke and mirrors exercise, but just wanted to check. Am actually looking forward to sending the 12+2 letter, time for revenge for all those nasty phone calls!

AGibson

A quick recap...

i sent Debt Managers Ltd a CCA request on the 22/07/09 recorded delivery which still has not been signed for , i just checked the royal mails website and its still only showing as "Item (tracking) has been accepted at (post office) on 22/07/09"

so does it mean they have refused delivery or accepted it without signing for it?

should i send them the 12+2 letter after 14 days from the 22nd? should i also send it recorded or normal post or even both? i am pretty certain if i send them the 12+2 letter they will just say they have not received the cca request to waste more time

i sent them the letter at the po box address on the letter they sent me, the next 12+2 one i think i will send it to them without the pobox (which is the same address w/o the po box looking at their website)

has anyone else been in a similar situation where the dca has not signed for letters, im getting a little anxious here and expect to receive more threatening letters any day now

any advice is appreciated

thank you

edit:

I spoke to the post office and they said it is not showing as delivered, they said wait upto 15 working days and then the website will show the true update, but as far as now it is not signed for or delivered

blueforyou

I have not had a recorded delivery letter yet that has not eventually shown up as delivered, so wait a little longer. Maybe for a pound or so postage, it could be worth sending again.

On another point, isn't it sad we have to do this as these companies cannot be trusted. What a poor indictment of their credibility. It must be well embarrassing to have to admit to working in the financial industry......

eggy27

Hi, don't know if i am posting in the right place, sorry i am new to this.

I have recently received a copy of a cca as requested but it is not signed.

They are telling me that to comply with section 77 they do not have to supply me with a signed copy, just a copy, which they have done. They are also saying they reject my claims entirely.

Can anyone tell me what to do next or how to check if this cca is correct?

Thanks, any help would be really appreciated.

louiser123

AGibson wrote: »

A quick recap...

i sent Debt Managers Ltd a CCA request on the 22/07/09 recorded delivery which still has not been signed for , i just checked the royal mails website and its still only showing as "Item (tracking) has been accepted at (post office) on 22/07/09"

so does it mean they have refused delivery or accepted it without signing for it?

should i send them the 12+2 letter after 14 days from the 22nd? should i also send it recorded or normal post or even both? i am pretty certain if i send them the 12+2 letter they will just say they have not received the cca request to waste more time

i sent them the letter at the po box address on the letter they sent me, the next 12+2 one i think i will send it to them without the pobox (which is the same address w/o the po box looking at their website)

has anyone else been in a similar situation where the dca has not signed for letters, im getting a little anxious here and expect to receive more threatening letters any day now

any advice is appreciated

thank you

edit:

I spoke to the post office and they said it is not showing as delivered, they said wait upto 15 working days and then the website will show the true update, but as far as now it is not signed for or delivered

hi
this happened to me, it was actually delivered and i recieved reply after a couple o days to say they were passing it to original creditor and would not contact me agin until the cca was found.

this also happened with my passport application, i have now got the passport but it still shows as undelivered on royal mail so im thinking recorded del is really not worth the money but never send cca unrecorded or signed for its too risky.

AGibson

i got a letter from debt managers ltd today

dear sir / madam

As a result of your recent communication we write to advise we have closed our file and returned it to Barclaycard

We can confirm that no further action will be taken by Debt Managers LTD in relation to this account

looks like they didnt want to play ball

the royal mail website still shows as not delivered so much for that

the letter they sent to me was dated 28/07/09

edit:

what are the chances that barclaycard dont even have a valid cca?

pebbles88

hello everyone.

in my ongoing battle with a nasty bank... they finally playing ball it seems, well now that the FOS have stepped in and are investigating them. interest has been stopped, just have to send a financial statement to fos now to proceed with them... so we'll see how it goes!.

:rolleyes:

hariboh

Hi all,

I posted a few letters away to debtors requesting cca's and I received another two replies this afternoon......

Letter 1

Shop Direct Finance

Unfortunately we are unable to locate a copy of an executed agreement for your Very account, but for your information we enclose a copy of the current agreement with applies to this type of account.

According to our records the account was opened on xx/xx/1998. You agreed to make payments every 28 days.

The outstanding balance is currently £xxxx. Our records show that £xxxx in payments have been made in the last 12 months.

If a third party is acting for you please pass a copy of this letter to your representative.

Letter 2

Lloyds Tsb
Thank you for your recent letter.

Please not that section 78 of the consumer Credit Act 1974 ("cca") is entirely seperate from the Data Protection Legislation and Data Subject Access Requests. As such, we are only obliged to comply with request made under section 78 of the CCA if we receive the fee stated in section 78(1). The fee is currently £1 (Which was sent with the request).

Unfortunately we have not yet received enough details from you to find and process your request. Please re-sent your letter with the relevent card numbers, account details, up to date address details and any previous addresses. Lloyds tsb credit cards generally contain 15 or 16 digits (which was put on the request letter).

If you would still like to make a request pursuant to section 78 of the CCA, please write with the appropriate authorisation and fee(I have already paid this arghh) to Blah Blah Blah .

I hope i have clarified our position.

So question is .....do i still sent Shop Direct next letter on 4th Aug?

and.... whats the tsb letter all about??