Cca Requests Updates Please

GeorgeUK

If they were to take you to court, they would need to produce the original signed credit agreement. Even if they found a signed agreement, if it wasn't properly executed with all the required prescribed terms on it, then it wouldn't be enforcable.

darrenrez

yea i think calling their bluff and telling them to put-up or shut-up is the best thing
rather than just throwing their letters in the bin.all i want is them to remove the default notice off my credit file, other than that i just wait til aug 2010 for the 6yr rule.

G0ggy

I'm a bit confused now about what my next step is. What is the point in the 12+2 deadline from when you send your CCA request? Someone also mentioned you should then send the follow up letter, does anyone have a link to that?

Thanks.

leanne82duke

hi every one,

i sent 2 cca requests the first to westcot for an old provident debt when i sent the cca request to them they sent me a letter back asking me to confirm my last 3 addresses.
they did not return the postal order

when i sent one to buchanan clark and wells they sent me a letter saying that they had no record of the account number i had provided, but when i called just "wanting some info" they found my file no problem. they sent the £1 postal order back.

does anyone know how i progress from this?

GeorgeUK

Sorry G0ggy, i'm quite good at confusing people sometimes. After sending the original CCA request, they had 12+2 working days to comply with the request. As they have not done so the debt is unenforcable. You do not need to send a letter to point this out to them - they should know this. We suggest sending the 12+2 day letter to make it clear to them that you are aware of the rules and regulations and that you know your rights when dealing with an unenforcable debt. It also helps if you take this further to show that you have given them every opportunity to provide the required documentation.

Basically the 12+2 day letter is for you to say: I know my rights, now put up or shut up.
http://forums.moneysavingexpert.com/showthread.html?p=11635945#post11635945
(or post 10)

It used to be the case that 30 days after the 12+2 days had passed if they still pursued the debt, they were performing a criminal act - this is no longer the case so the 30 days doesn't come into it any more.

G0ggy

Thanks George, the whole thing is a bit confusing and I am by no means up to speed on the best way to proceed with these things.

Is it of any significance that they have cashed my cheque? I'm sure I read somewhere that they should not use it to reduce the balance, there's no evidence to indicate that they have done that, but they certainly haven't produced a CCA.

Cheers.

blueforyou

George, any thoughts on my Post 3975?

Ta

GeorgeUK

Sorry BFY, have a look at the 2nd part of post 3978. Forgot to reference it to you.

GeorgeUK

Leanne, you are not required to provide them with any further information. If they don't know for sure that the debt is yours, they shouldn't have given you the details of the debt. Have they put this on your credit file?

Under the CCA74, you made a request for the credit agreement. They have 12+2 working days to comply with the request. If they fail to do so the debt becomes unenforcable. I would write the 12+2 day and if they try to pursue you for payment, report them to OFT and Trading Standards.

blueforyou

Thanks George!