Cca Requests Updates Please

GeorgeUK

Rianna - you don't need t osend a CCA request to RW if you are still awaiting one from BOS. If they have not provided a CCA as requested, then the debt is in dispute and shouldn't have been passed on to RW in the first place.

If they have provided you with someone elses details then they have breached the Data Protection Act so you should complain about that too. Perhaps you should write and point out that they have still not fulfilled their legal obligation under the Consumer Credit Act to provide you with a copy of your agreement and that they have given you someone elses details.

There is a letter on the standard template thread that you can send for RW.
http://forums.moneysavingexpert.com/showpost.html?p=11636233&postcount=7

pebbles88

RIANNA30 wrote: »

After some advice again...

Have been back and forth with bos over a credit card debt since feb this year, they never really responded to cca request but did send a copy of somebody elses application form....card goes back to 1997 so I doubt they have anything. They are well aware that the balance is in dispute. Having already seen off Moorcroft (they passed back to bos when I sent them a cca request), have now received formal demand from Robinson way for the o/s balance.

I shall send a cca request to RW, but should I complain to somebody about bos? they clearly don't have a cc but continue to sell debt on. Also have complaints going to FOS re mbna and hsbc (at their suggestions) re cca's that haven't been received although they continue to hassle me.

hiya,

if they sent you someone else's cca then i would contact the information commissioner as they have breached the law.

i have recently had a complaint resolved through the FOS and although it wasnt specifically about the non production of a CCA they did get confirmation that the bank didnt have it, but they would not go into whether it was enforceable or not as they say that isnt their decision...trading standards would be interested to hear that they are still chasing you but only if it under £5000, that i know as i asked for help and they wouldnt as it was over.
HTH

blueforyou

Can someone advise me please. A while ago, I made the mistake of applying for my CCA from the OC after being advised to do so from the DCA chasing me. I know, I know, I should not have, as the DCA is assumed to be the owner of the Rights and Responsibilioties of the debt under section 189 of the CCA.

Anyway, the OC sent me a couple of statements and the Application Form!. They also confirmed, and I quote,

"..the debt has not been sold,,,,the issue is being dealt with by our insolvency and debt team..."

The same day, our old friends Bryan Carter /Fredicksons (for they are effectively the same thing) wrote to me telling me o pay or else...

So, I have conflicting info.

Shall I:

1. Send Bryan Carter a letter telling them the debt is in dispute, and
2. Send the OC a letter telling them they have not complied with the CCA request etc.

I'm relatively experienced in these matters, but would welcome a comment (rog2, GeorgeUK, Pebbles....et al?)

pebbles88

blueforyou wrote: »

Can someone advise me please. A while ago, I made the mistake of applying for my CCA from the OC after being advised to do so from the DCA chasing me. I know, I know, I should not have, as the DCA is assumed to be the owner of the Rights and Responsibilioties of the debt under section 189 of the CCA.

Anyway, the OC sent me a couple of statements and the Application Form!. They also confirmed, and I quote,

"..the debt has not been sold,,,,the issue is being dealt with by our insolvency and debt team..."

The same day, our old friends Bryan Carter /Fredicksons (for they are effectively the same thing) wrote to me telling me o pay or else...

So, I have conflicting info.

Shall I:

1. Send Bryan Carter a letter telling them the debt is in dispute, and
2. Send the OC a letter telling them they have not complied with the CCA request etc.

I'm relatively experienced in these matters, but would welcome a comment (rog2, GeorgeUK, Pebbles....et al?)

hiya,

im a bit lost here, and by no way an expert, but i would think that perhaps a letter to the dca saying that as the cca has not been complied with by the OC that they can go swivel and then inform them that debt cant be sold on etc?

as OC has confirmed its being dealt with in house i dont know why this fredericks has got details anyway (or am i missing something?) perhaps they are the in house debt team? and are trying scare tactics? Have you sent the OC the default letter?

sorry i am not much help, hopefully George or Rog wil be along soon.

G0ggy

Hi,

I sent a CCA request to Aktiv Kapital on the 10th of September, making today 12+2, I have not heard anything back from them aside from an acknowledgement of the request, the account being on hold and that they were contacting the original creditor for the CCA.

They have cashed the cheque for £1.

What is my next course of action?

Thanks.

GeorgeUK

G0ggy, as AK are not actively pursuing the debt, there is nothing to do. You just need to hop that they don't find it for the next 6 years and then the debt will be statute barred. Are you still making payments to them?

I don't know who the inhouse debt collectors are, but i suspect Pebbles is right - i would send the 12+2 day letter to the OC as they say they still own the debt and therefore are pursuing you, albeit through their agent. If BC gets uppity, then i would send them the debt in dispute letter.

darrenrez

you have got to wait 8 weeks before the ombudsman will get involved.

pebbles88

darrenrez wrote: »

you have got to wait 8 weeks before the ombudsman will get involved.

sorry Darrenrez, but could you clarify which post you are replying to??

darrenrez

hi, sorry i am new to posting on here.it was a old posting i was replying to,but anyway for anybody elses reference.the fos will only deal with complaints after 8weeks from first requesting your cca to give the dca's adequate time to reply to your request.

trish2568

hi requested cca from citifinancial in early june 2009.they have just responded saying that their specialist team are still collating the info and n the meantime to continue to make min payments or credit file could be affected,have sent them x2 acc in dispute letters,what do i do now?they have charged me £12 for a late payment fee last month.thanks for any input