Cca Requests Updates Please

PARIS_5000

I am going to send off my 12 days letter to 3 creditors and have not had any cca back however Lowell have written to me asking for money.

I called Lowell and told them that the account now in dispute due to no CCA being sent to me in 12 working days and will confirm this by letter.

hariboh

Weekend_warrior wrote: »

Hi All,


I phoned the bank to query this amount as up to this point I was paying £100, the bank said in May there was no need to set up a standing order for £20 per month as the would take the £20 of the £2734.87 I had accumilated to my account as a result of my £100 per month payments.

W.W.

Oh my god thats 136 months or 11 years surely that cant be right, have i worked that out wrong??

Im sure someone with some very good information will come along soon :T

They are very good in here

Weekend_warrior

hariboh wrote: »

Oh my god thats 136 months or 11 years surely that cant be right, have i worked that out wrong??

Im sure someone with some very good information will come along soon :T

They are very good in here

Hi hariboh,

I'm as confused as hell too about how the bank arrived at the overpayment figure of £2734.87 but at a guess it is probably down to intrest rates going up and down over the years, which mean't that each month there was probably a different amount left over from my £100 monthly payment.
W.W.

scarednshakin

GeorgeUK wrote: »

I don't come in here too often now.

Scarednshakin, I would only contact CapQuest again if they try to pursue you for payment, otherwise don't waste your time with them.

A pub menu could have "this is an agreement regulated by the CCA 1974" at the top of it - it doesn't mean it is a CCA. 99% of application forms are not CCA's - they would need to have all the required prescribed terms on the document for it to be properly executed and enforcable.

That may be all the information that Collect Direct have on you. I'm not sure who they are so don't know if they're part of Egg or a seperate organisation, but i would have though that if the debt had been passed to them there should have been a notice of assignment as well in there - giving them permission to collect the debt.

Did the CCA have all the signatures and required terms?
Have you made any payments to them and were these listed on the screen prints?
Have you been making payment towards this debt?

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Hariboh, you could* send a letter to NDR stating that the account is in dispute and should not have been passed on to them (against debt collection guidelines). There is a letter on the standard templates thread.

* It would depend on who their client was i suppose. If Very handed the debt back to Shop Direct, SD may have appointed a new DCA. As you have not sent a CCA request to SD, then i suppose there is not really a breach of the guidelines. You may need to send a CCA request to both parties.

GeorgeUK thanks so much, will send BOS an 'account in dispute' letter and see what happens.

CapOne sent out letter today telling me that CapQuest are no longer dealing with the debt and that payment is to be made direct to CapOne. What do I write back to them?

I will go and look again at the EGG paperwork, have heard nothing back from Collect Direct or EGG but will post later. Thanks again SNS

GeorgeUK

Weekend Warrior, so sorry to hear about your wife.

I would write one last letter as an official complaint and state exactly what you have been told and how you want the matter resolved. If they do not comply within 21 days, state that you will be notifying Trading Standards, OFT and the FOS. Then follow through with that threat - do not bother discussing this over the phone. Just keep sending the letters by recorded delivery.

GeorgeUK

Scarednshakin, you may need to send a CCA request to Cap1 if you have not already done so. Have you send a dubject access request to them to see exactly what the original document does say or if they have it?

scarednshakin

Hi George, yes CCA sent to them, they are in default and CapQuest have said that CapOne can not find the original CCA. CapOne have sent out all information to me but there is no origianal CCA, letter received from them and there is no mention of no CCA so what do I write to CapOne now? Many thanks

GeorgeUK

SnS, just need to make sure we've covered everything here.

You sent a SAR to Cap1
There was no credit agreement with the data they sent to you.
(So far this is only a request for information so you haven't stated that the debt is unenforcable)

Did you send a CCA request?
If so what was their response to this?
(Not from their agents, but from Cap1 themselves)

scarednshakin

Hi George yes did CCA request first and they sent out a two page copy, no signature, just account number and credit limit on the top of the page and the charges etc are all £12, the account was opened in 2000. Then sent a SAR to them, they sent back another photocopy of the same page and also a printout of all statements, computer printouts etc but no agreement. Hope this help.

GeorgeUK

Okay, so they sent you a reproduction when you made the CCA request. They are allowed to do this, but should they try to enforce the debt through the court, they are required to produce the original signed document. The OFT has previously said that a reproduction must take the details from the original document and not jsut be regurgetated from their systems so it doesn't look like this is what has happened. I don't believe they have issued a formal standing on this though.

Right now as your SAR shows they don't have a CCA (or they are in breach of the Data Protection Act for not providing it), i would send them the 12+2 day letter. They do not have an agreement so how can theis be enforced?