Cca Requests Updates Please

rog2

Lexicon wrote: »

Q. If they havent been able to produce the CCA I requested by now is it likely they will be able to?

Q. What can I do to get them to close this down and leave me alone?

Hi Lex - I doubt, very much, that after this time, they will ever come up with an enforceable cca.

I am a little confused - was the original DCA different to Hillesden? If so, then you should send Hillesden the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter - post 7 of http://forums.moneysavingexpert.com/showthread.html?t=963087

Otherwise please clarify, as they refer to Hillesden Securities as 'their client'.

PARIS_5000

Lexicon wrote: »

Hi All,

I Contacted a DCA with a CCA request back in Feb/March. I have had no CCA but keep receiving a letter from Hillesden Securities every 21 days that states:-

"Further to our previous letter regarding the above account, I can confirm and advise the following:-
1. We are following up your request for a copy of the original documentationwith our client Hillesden Securities Ltd. When this becomes available we will forward a copy to you.
2. Your account is on hold and all further action has been suspended in anticipation of receiving the documents required."


Q. If they havent been able to produce the CCA I requested by now is it likely they will be able to?

Q. What can I do to get them to close this down and leave me alone?

Any help regarding this would be greatfully received

regards

Lex

The CCA should be produce within 12 days and if they do not produce it they are in dispute and the debt cannot be legally enforce. I would just ignore the letter

gargrave50

Morning all, I have come to ask for your expertise. I have received the most confusing CCA response to date from Bank of Scotland VISA. They have sent what they claim is a copy of the executed agreement, however the first point

1.PARTIES

The parties in this Agreement are Bank of Scotland plc,xxxxxxx and Mr XXXXX, XXX.

The address they have put is our current address, however we did not live here when we took out the agreement. Apart from this they have spelt the name of our street wrongly despite it being correct on the accompanying letter. It would suggest that they have recently "typed up" this "Agreement". Also the key information which lists charges are the new reduced charges of £12 etc which were not in place when the agreement would have originally been taken out.

On a separate sheet they have sent a "statement of account" which consists of some bulleted points e.g. balance on account, current credit limit, arrears, current interest rates etc.

I doubt for a minute this constitutes a true copy of any agreement, and have uploaded it to photobucket. I'd be eternally grateful if anyone could offer advice.

http://s740.photobucket.com/albums/xx46/gargrave50/HBOS%20CCA%20RESPONSE/

I am confused which letter to respond with, as I am dumbstruck they have responded with this.

PARIS_5000

rog2 wrote: »

Hi Lex - I doubt, very much, that after this time, they will ever come up with an enforceable cca.

I am a little confused - was the original DCA different to Hillesden? If so, then you should send Hillesden the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter - post 7 of http://forums.moneysavingexpert.com/showthread.html?t=963087

Otherwise please clarify, as they refer to Hillesden Securities as 'their client'.

THE DCA is Hillesden Securities and their trading name is Direct legal & Collections.

rog2

PARIS_5000 wrote: »

THE DCA is Hillesden Securities and their trading name is Direct legal & Collections.

Then they should not be contacting 'debtors' using both names as this is likely, and probably intentionally, to 'confuse debtors as to whom they are dealing with':

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

Lex - Their 'letter' continues to say that 'the account is on hold' - I think that this is a 'clever' way of avoiding the OFT guidelines in that they are not actually asking you for payments, but 'reminding' you that they are still on the case. Naughty - yes, but probably not illegal as the 'frequency' (every 21 days) would not be enough to warrant being called 'harassment'.

Probably best to 'ignore' their letters.

gargrave50

Rog2, if you get a moment could you take a look at my post above. Many thanks - you have helped me out too many times to mention!:)

rog2

gargrave50 wrote: »

Rog2, if you get a moment could you take a look at my post above. Many thanks - you have helped me out too many times to mention!:)

What they have sent you is a copy of their current cca. This is evident by the 'charges' (of £12) which were 'reduced' after you took out the card.
It is, therefore, and on that point alone, NOT a 'true and compliant copy of the original executed consumer credit agreement'.
Therefore, if the 12 working days - since their receipt of your request and £1 Statutory Fee - have expired, you should send them the 12+2 day letter, informing them that they are, now, 'in default'.

gargrave50

Love you Rog 2!!!!! I noticed that, and also the fact that they have made the agreement parties between them and my husband at our new address - we were not at this address when the agreement was taken out. I'm forever grateful, will get the appropriate letter including the above points off today.

xx Julie

rog2

gargrave50 wrote: »

Love you Rog 2!!!!! I noticed that, and also the fact that they have made the agreement parties between them and my husband at our new address - we were not at this address when the agreement was taken out. I'm forever grateful, will get the appropriate letter including the above points off today.

xx Julie

No need to point out why their letter does not constitute a compliant cca, Julie. You only need to inform them that they have failed to provide you with a true and compliant copy of the original executed cca and, as a result, they are, now, 'in default'.

Don't do their work for them.

gargrave50

That's fine. Just one more thing if I could - their letter states they have enclosed a copy of our current reconstituted version of the executed agreement.

Does this basically mean they have added our details to their current agreement and not provided a true copy of the executed agreement as you say

They have requested a copy of the original signed application form apparently from the relevant department and will send this separately - surely this will not constitute a valid CCA either - as it will be an application form - if it ever appears:rolleyes:.