Cca Requests Updates Please

stapeley

suz7 wrote: »

Ta Kel, I did put it up on CAG but no-one talked to me I think I remember you've seen it because you said about it giving you a sore neck!

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/144545-cahoot-cca-valid.html

As said before, I requested my statements , one months was missing . If the DCA can not get hold of the missing month I believe they will have to close the account !:j They did send a copy of an application form . I said I believed it did not comply to the CCAct . They say it does . I can do no other then let it go to court , if they can find all the monthly statements that is ! I am entitled to ALL copies of my monthly statements.

Confused_Newbie

Hi folks

Well posted CCA request to Apex yesterday, recorded delivery so guessing they probably wont receive it until tomorrow. Will count a further 10 working days from there and see what happens!

What does it actually mean if they dont send anything back and what will we have to do?

Another wee question, what should we do if they continue to call, etc? Can they still do this while we are waiting on them sending the CCA?

Thanks
CN

Ames

the 12+2+30 is up for one of mine so I'll dig out the letter and send that off, hopefully the deathly silence from them will continue!

warrencarr

I took out a loan £1200 with TSB in 1997 with payment protection, I defaulted on my payments due to illness and operation, PPi wouldn't pay out as I walked out of my job as my works wouldn't let me have this time off to have an emergency op, anyhow thats another story.

I refused to pay the loan as I was willing to go to court + just didn't have it, however I moved several times, because my private landlord was redeveloping several flats and I moved 4 times in 2 years, so never received a ccj.

I sorted my self out, paid off all my debts and remained debt free till now, even brought a house last year.

Years passed untill last month, when I received a letter from Tower investigations saying someone was trying to trace me, It was Global Debt recovery, I rang them up, they told me they will go back to court to reinforce the CCJ, If I dont pay £7000 now or in installments.

Scared of losing my house I was panicking so much I almost fell into depression as I know that every penny is being used each month, I wanted to bury my head in the sand and hope it will go away.

BUT, I found this site, I got advice from lots of people, I started the ball rolling, I sent GBR this letter.


I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

We understand a copy of our credit agreement should be supplied within 12 working days.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully



Guess what TSB haven't got the original copies anymore, thus Global said they cant persue this matter further and have closed its case.

A REALLY BIG THANKS TO EVERYONE, I feel as though i have won the lottery, I'm in tears of joy writing this.

Myself my wife my kids are so grateful for all your help. THANKS.

stapeley

:j GREAT NEWS :j WELL DONE ! THANKS FOR POSTING

fiveyearplan

Well done warrencarr - good for you!

fanofmartin_2

I sent a CCA request on the 27th of May to a DCA and in the post today I received a county court pack. :mad: I'm just working out what to do, and what I can do. I've been looking over in the CAG forums and thinking. Sometimes I feel as if the life force is being zapped from me.

stapeley

ok dont panic ! If you take your time read up on advice on dealing with court summons . I take it they have not sent a CCA yet . You can have the case transferred to a local court ,I believe if you phone the court advice is available on how it is done . You can now also request all information they will use in court . If it is a credit card debit , request the last six years statements. I UNDERSTAND , NONE SHOULD BE MISSING . Also remember no CCA no case to answer. Most important you put in a defence , they are relying on most people being too scared to let it go to court .

shinyhead

Hi All,

In March I sent off four CCA requests:

1 to a DCA.
2 Credit card accounts.
1 to a storecard.

Replies have been:

Got response from DCA within a bout 3 days telling me a lot of tosh but that they were asking the OC for it. Heard nothing since. Have decided not to push out other letters, they know it's now in dispute by what was said in their letter.

Got 1 from CC account it is the original application form. There's no credit limit or account number I can see on it and there were no statements with it. Just a covering letter trying to fill in the bits not on the form.This came within the time limit.Might try and post onto CAG website for people to look at.
Got the other CC account by special delivery to keep it within the time limit. It's one side of the original application form and is useless. In the covering letter they admit they are still looking for an executed legal agreement. I would like to PM you stapeley about this if I may.

Got back response from storecard just before the 12+2+30 limit- no CCA. Letter returns my cheque and totally avoids the issue. I will simply keep this as evidence if they should ever try anything legal on with me.

rog2

shinyhead wrote: »

Got back response from storecard just before the 12+2+30 limit- no CCA. Letter returns my cheque and totally avoids the issue. I will simply keep this as evidence if they should ever try anything legal on with me.

Returning your cheque does not absolve them,in any way, of their obligations, under the Consumer Credit Act, 1974. The £1 is a 'statutory maximum' chargeable fee - they are not obliged to make any charge for providing you with the requested information, but can not charge more than £1. In most cases it will cost them considerably more than this to provide the information, yet they must still provide it.
Therefore, you need to continue as if your cheque had indeed been cashed. If they do not provide you with the cca, within the prescribed time scale, then the agreement is irrideemably unenforceable.