Cca Requests Updates Please

pebbles88

darrenrez wrote: »

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.

ah i see, i thought it was me going mad at first!! i must have read your post a dozen times!:o

trish2568 wrote: »

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

they only have 12+2 working days to send you the agreement - end of story, they are stalling for time. as you have sent the default/dispute letter you need not do anything else, the onus is on them.

in regards to your credit file being affected if you dont pay then you have to decide what you feel comfy doing. If you dont pay then with the account being 'in dispute' then technically they shouldnt add anything onto your credit file, but some will, some of mine have :mad: even though they are in the wrong to do so. neither should they be adding charges on.
but you have to be careful about requesting they be removed as it 'could' be seen as you 'acknowledging' the debt, if you see what i mean??

trish2568

yeah i see what you mean thanks

darrenrez

hi pebbles, sorry about that post.dont they have 12+2working days then a further 30 days aswell ?.then only after the thirty days then they will have to goto court for a enforcement order?.or just the 12+2 days ?.

pebbles88

darrenrez wrote: »

hi pebbles, sorry about that post.dont they have 12+2working days then a further 30 days aswell ?.then only after the thirty days then they will have to goto court for a enforcement order?.or just the 12+2 days ?.

as far as i know Darren, the 30 days no longer exists, well thats what has been discussed earlier on in this thread, they no longer commit an offence as such. so they only get the 12+2

darrenrez

oh thats music to my ears....i just want to be sure as i got lowells after me for £470.and i sent them a cca request(sent by signed-for proof of posting and reciept, i always put at top of all letter to them"i do not acknowledge any debt to your company".i have also sent them a letter asking them to remove the default from my experian credit file but they only replied with letter saying once they have my cca from capital one they want their £470 in full, so i just want to know if they have to take me to court and if they do will i be able to use that they didnt send me my cca within the 14days or will the court not see that as a defence?.

pebbles88

darrenrez wrote: »

oh thats music to my ears....i just want to be sure as i got lowells after me for £470.and i sent them a cca request(sent by signed-for proof of posting and reciept, i always put at top of all letter to them"i do not acknowledge any debt to your company".i have also sent them a letter asking them to remove the default from my experian credit file but they only replied with letter saying once they have my cca from capital one they want their £470 in full, so i just want to know if they have to take me to court and if they do will i be able to use that they didnt send me my cca within the 14days or will the court not see that as a defence?.

have you sent the account in dispute letter??

darrenrez

oh yes sent them saying the account was in serious default.i sent that by signed-for post as all my letters to them.

pebbles88

darrenrez wrote: »

oh yes sent them saying the account was in serious default.i sent that by signed-for post as all my letters to them.

of course we can only advise on here, but unless the DCA (debt collection agent) - lowells can produce the cca then the debt will go back to the OC (Original creditor), and thus the game begins again. Have lowells produced a deed of assignment for the debt from the dca ???

they wont remove anything from your credit file without a fight, it may be worth writing to experian to put a note to support the default on your file.

darrenrez

one bit of advice i will give people is to take advantage of the free 30day trials that the credit agencies are offering at the momment and check what debts they have on their file becouse the dca's chase people for statute barred debts but dont tell them they are barred but just try and bully people into paying.so dont forget the 6 yrs rule !!!!.

darrenrez

no they not produced nothing i asked for:notice of default, deed of assignment, or cca.
i been onto experian and they cannot help whatsoever,they just give me their fax number to give lowells so they can fax a removal notice to them instead of posting.