Cca Requests Updates Please

fiveyearplan

CCA Northern Rock. Apex shouldn't bother you in the meantime but if they phone tell them they don't have the credit agreement and have no right chasing you for the debt - refer to their letter.

stapeley

Now waiting on a response to another letter pointing out that they only sent me a CC APPLICATION FORM . Respectfully requested they closed the account .

Confused_Newbie

Ok Apex called yesterday and hubby stupidly answered the phone! Grrr!!

Anyway as they were on the phone post was delivered and there was a letter from a solicitors acting on behalf of Apex telling us we had 72 hours to contact their client (Apex) to arrange re-payment. This letter was dated with the same date as the one Apex sent us to tell us they didnt have the CCA. So I took phone off hubby and told them in no uncertain terms that they could not chase this debt until they provided us with a copy of the CCA. The 'bint' I was talking to got all flustered which was amusing and told me to ignore the solicitors letter and that they were waiting on Northern coming back to them to instruct what to do next.

This completely contridicts what the letter said! Now I dont know what to do!!!!

rog2

Confused_Newbie wrote: »

Ok came home from work today to a letter from Apex (had requested copy of CCA from them) Basically the letter says -

I am writing concerning your letter received 6 June 08, the contents of which have been noted.

Please contact our client direct for a copy of your credit agreement. I have enclosed your £1.00 postal order received for this data.

Now what do I do? I have since found out that Apex are acting on behalf of Northern Bank (OC) and that they have now put the account on hold for 14 days. But if I request a copy of the CCA from Northern they have 12 working days to reply and Apex have only placed the account on hold for 14 days?!

Please please can anyone offer any advice?

CN

Hi CN - Apex are completely out of order. Under the terms of the Consumer Credit Act, 1974 - any person, or organisation, that is chasing you for payment of an 'alleged debt' is legally obliged to provide you with a true copy of the original consumer credit agreement - whether they are the original lender or not.
They, by further pursuing you, are acting in direct contravention of the OFT Guidelines on Debt Collection - http://www.oft.gov.uk/shared_oft/business_leflets/consumer_credit/oft664.pdf

They are, in effect, acting illegally by ignoring their legal responsibilities under the Consumer Credit Act.

In the first instance, you should report them to Trading Standards, would also reccomend that you talk with National Debtline - 0808 808 4000, who will be able to tell you what to say to Apex.

Leixlip1

Moorcroft and RMA have over the past year failed to supply a valid CCA for an alleged Barclaycard debt they have seperatley persued - Barclaycard have now sold the alleged debt to Thames Credit who will receive my CCA request on Monday...........all Barclaycard have previously supplied have been application forms and partially legible agreements that do not appear to meet the requirements of the Consumer Credit Act so should be interesting!

shinyhead

If you look back through this thread I sent a CCA request to a DCA and after a swift but rubbish response I've heard nothing since. Been working away for a few days and on coming home today looked through our caller display and a familiar number has turned up-it's the OC for this debt who has started to call again. Obviously don't really know why because not been here to answer but does anyone think like I do and that's the DCA has passed it back to the OC? If so why have I not been told in writing?

What actually is the score when a debt is 'sold' to a DCA? Do they have the option to sell it back if they realise it's not going to work out the way they want? The previous post from Leixlip1 seems to confirm this but if anyone can shed some light please that'd be great.

Leixlip1

I'm not actually sure that Barclaycard ever sold the alleged debt to either RMA or Moorcroft - I had a letter from their Head of Customer Services last yeat stating that hey had sold the debt but their response to the Financial Ombudsman Service (who I had made a complaint to) was that the debt hadn't been sold only passed on for (attempted) collection.
This time Thames initial letter to me had attached an unsigned letter from Barclaycard stating that the debt had been sold - given that it's unsigned and something that could be mocked up on a pc I'm still not fully convinced that is the case but as we know it still doesn't stop Thames obligation to supply a CCA.
I think they Barclaycard/Mercers gave up on me and hawked the debt around and having no valid CCA to supply RMA & Moorcroft handed it back (no win, no fee?) so we start all over again.
The strange thing is if Barclaycard had not renaged on an agreement they made with me they would still have been receiving payments and I would not have complained to the FOS and I would not have asked them to produce a CCA... still it keeps me off the streets!

kennyvinegar

Sending off my 30+12+2 letter today to Cahoot and going to cancel my direct debit for the loan

fiveyearplan

I can't remember if I've posted about my (OH's) Cahoot. We CCA'd on 31 December and sent of £1 postal order. The postal order came back with a printed reply saying they don't charge for that information. Okay, don't charge for it but didn't send it either. I sent the second stage letter and now a few months have passed and we get a letter from DCA. I CCA'd DCA and they wrote back saying they would go back to OC for it. They passed the time limit for coming back but they do have the original agreement! After all this time they sent the agreement back. I need to make sure it has all the prescribed terms, it was back in 2001-2002.

fiveyearplan

Can you CCA for HP car loan or is the process different?