Cca Requests Updates Please

gargrave50

Just to say the 12+2 working days is up on Friday 21st, when I intend to send the letter below (obviously not before!). If there are any glaring errors please let me know and I can amend.

Re: my request under s77/78 of the Consumer Credit Act 1974.

Thank you for your letter of 11th August 2009.

My request for a copy of my properly executed Consumer Credit Agreement remains outstanding.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 3rd August 2009. Upon receipt of the original request the specified account legally entered into a disputed status.

My request remains outstanding.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until 21st August 2009 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. You entered into a default today 21st August 2009.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

To conclude, I will making no further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully,


Thanks in advance

Skint_but_Optimistic

I have sent off for copies of my CCA from CCS Collect who are collecting a debt for Lloyds. They said I would need to contact Lloyds about it. I did so and Lloyds said they had no record of my account. THe total debt owing (according to them) is 13200 my ex husband was meant to be paying this bill, when we seperated instead of paying child support, he did not and it got alot of penalties, etc. To get this from my record I am trying to resolve it and wanted to use the no CCA to get a decent F & F offer. CCS Collect are basically ignoring me. They have sent on a letter to my ex husband at the old marital home stating that the amount of money 13200 is still owing. Theres no paper work to support how they have arrived at this figure, no acknowledgements of my letters (they were recorded signed for) and they have not communicated with me. I am at my wits end with this and would appreciate any help possible.

rog2

That's fine, Julie. :beer:

rog2

Skint_but_Optimistic wrote: »

I have sent off for copies of my CCA from CCS Collect who are collecting a debt for Lloyds. They said I would need to contact Lloyds about it. I did so and Lloyds said they had no record of my account. THe total debt owing (according to them) is 13200 my ex husband was meant to be paying this bill, when we seperated instead of paying child support, he did not and it got alot of penalties, etc. To get this from my record I am trying to resolve it and wanted to use the no CCA to get a decent F & F offer. CCS Collect are basically ignoring me. They have sent on a letter to my ex husband at the old marital home stating that the amount of money 13200 is still owing. Theres no paper work to support how they have arrived at this figure, no acknowledgements of my letters (they were recorded signed for) and they have not communicated with me. I am at my wits end with this and would appreciate any help possible.

Hi SbO Firstly CCS Collect were wrong to say that you needed to contact the original creditor. It is up to the person pursuing the 'debt' to comply with the terms of the Consumer Credit Act, 1974 - "whether they are the original lender or not".
Do not worry - even if they returned your £1 Statutory Fee - if 12 working days have elapsed, since their receipt of your original request, then they are now 'in default' and, whilst they remain in default, they can not pursue you for payment. NOR an they add any further interest, or other charges, or pass the 'debt' on to another dca for 'collection'.
Send them the 12+2 day letter (three posts above) to inform them that they are now 'in default'. Keep any further correspondence that they may send you, as you might need to report them to the OFT.

RIANNA30

Hi there,
Having some difficulties with HSBC/Metropolitan with regard to cca request, initial request sent back in Feb 09, to which they eventually responded in April saying that they were 'retrieving' the information and would be sent shortly, in the meantime the account would be placed on hold.

Heard nothing more until early July when I started to receive 'final demand' letters. I did speak with them when I received the first one (I know I shouldn't call but I have other debts with them which are all running smoothly,thought I may be able to get some sense out of them!), they basically said that the a/c would only be held for another 7 days and then I would receive another letter, which I'm now getting on a regular basis.

The balance on the a/c is approx £2,500 and I have had the card since 1998 so I suspect they have nothing, but I'm now getting really hacked off with these letters, I have advised them that should there actions continue, I shall contact the 'relevant body' - but I'm not entirely sure who that is!

Any advice?

rog2

RIANNA30 wrote: »

Hi there,
Having some difficulties with HSBC/Metropolitan with regard to cca request, initial request sent back in Feb 09, to which they eventually responded in April saying that they were 'retrieving' the information and would be sent shortly, in the meantime the account would be placed on hold.
I have advised them that should there actions continue, I shall contact the 'relevant body' - but I'm not entirely sure who that is!

Initially the Office of Fair Trading, RIANNA, as this is a legally disputed debt.

Also worth talking to the Financial Ombudsman - https://www.financial-ombudsman.org.uk/consumer/complaints.htm

When I had an issue with Metropolitan/HSBC I copied my complaint letter to the CEO of HSBC and, finally, got a result. They are a particularily difficult company to 'deal' with.

chinawhite_2

Hi wow, I have finally managed to figure out photobucket !!!!!!!! Im hoping that this is the link to the cca received

fhttp://s827.photobucket.com/albums/zz195/chinawhite1/

along with this they sent all the credit agreement regulations with charges etc and they are all the charges from when the card was taken out not current charges, this all looks okay to me but would be grateful for confirmation of this.

thanks

Bazza66

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

I get exactly the same letter every 21 days as well. They have craftly not asked for any payment in them to avoid breaking the law but my guess is they will continue to send them in the hope you ring them to tell them to stop sending the letter. Once you are on the phone.....

I am choosing to ignore them (still filing them away) and let them spend their money on sending the letter (although not happy about the amount of trees they must use). They are in default and they know they are so you dont need to do anything.

I reckon you will get 6 months worth and when you haven't called they will stop. Like rog2 says - if they ain't found the CCA now then it's more than likely they never will.

gargrave50

Hi chinawhite, Well done with photobucket. My eyesight is getting worse with age and I am struggling to make out the wording. Rog2 is one of the resident experts, hopefully he or one of the other "brains" will be along to take a look

trish2568

hi looking for a bit of advice.requested cca from citi 04/06/09.chq was cashed on the 10/06/09,as to date no cca received.have since sent default letter and a reminder with default notice enclosed.still heard diddly squat,what do i do now?they are still requesting payment,too scared not to.thanks