Cca Requests Updates Please

blind-as-a-bat_2

Funny you mention Fermi, ive just had a PM from him, nothing to do with this thread though, but i bet he will be along soon, think he has some catching up to do though:p

luckymum_3

hi , quick up date ...
heard nothing yet from iqor regarding littlewoods cca ( any idea what i do next if i hear nothing ) , had a copy of the consumer credit act from vanquis thats all..so waiting to send the next letter to them ...
p.s i also had my sons leavers assembly ... so sad !!!

NW-ANGEL

Hi all - I have today had a letter off a DCA saying the following and wondered what next please??;)

Dear Madam
Client ref xxxxxxxxx

client : Phoenix recoveries (so its been passed about!)

Further to your recent correspondence regarding the above account.

Following your recent request for a copy of the signed agreement we can confirm that we have returned the account to our client.

please contact our client direct for the information required.

trusting the above clarifies the situation. (well not me it doesnt?!? - are they saying OOPS! NO we dont have one?!)

yours faithfully
A. N. othermuppet
oh and my £1 cheque is enclosed

Any advice more than appreciated! thankyou :A

kel
x

blind-as-a-bat_2

Oh Dear

However the contents of your correspondence dated xxnd xxx 2008 ( see copy A enclosed) are noted but I regret to inform you that as you are claiming to be acting as agent for Argos the following section of the Consumer Credit Act 1974 applies

Section 175 CCA 1974:

"175. Duty of persons deemed to be agents.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith."

I could speculate as to the reason as to why you returned my request for a CCA to myself instead of forwarding to you clients as you should as stated above, but regardless of your motive it does not discharge you nor your client of your duty to supply a valid CCA as requested.

You and your client have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

they shouldnt have done that:p

Oh well you have two options sit back and wait for whoever to make the next move

Or CCA the origanal creditor, but you already have really if the DCA had done there job right:rolleyes:

Just one point they dont say that they have closed the file and will be removing your info do they? that they have failed to prove they had a right to hold and proscess in the first place

blind-as-a-bat_2

You would think after failing to supply an agreemant AND admitting they never have had one, they would be a bit more polite in the hope of getting you to pay something wouldnt you, well apparently not:rolleyes:

Your conduct in this matter is unacceptable and will not be tolerated.OOOh thats fighting talk from my neck of the woods mate
Our client has delivered goods to your address Have you? wonder if you can actually prove that:rolleyes: but is a seperate issue anyway as you cant prove on what terms they where supplied even if they could prove itand little effort has been made to pay for them. We are currently considering further steps to recover this debt. Really!!:p as you have admitted not having any legal recourse to do so i can only read that as they will send the boys round, wich is a threat isnt it?:rolleyes:

Take notice that a payment needs to be paid within the next 48 hours to prevent further action. as the letter is dated nearly a week ago that might be a bit dificult

Please note that in accordance with our clients trading terms an administration charge of £12.00 has been added to your balance.
Yours sincerely,Can you prove you have an agreemant that those terms where agreed to? oh i forgot no you cant:rotfl:

Well that really makes me volentarely want to pay up for any goods they can prove they supplied doesnt it:rolleyes:

rog2

NW-ANGEL wrote: »

Hi all - I have today had a letter off a DCA saying the following and wondered what next please??;)

Dear Madam
Client ref xxxxxxxxx

client : Phoenix recoveries (so its been passed about!)

Further to your recent correspondence regarding the above account.

Following your recent request for a copy of the signed agreement we can confirm that we have returned the account to our client.

please contact our client direct for the information required.

trusting the above clarifies the situation. (well not me it doesnt?!? - are they saying OOPS! NO we dont have one?!)

yours faithfully
A. N. othermuppet
oh and my £1 cheque is enclosed

Any advice more than appreciated! thankyou :A

kel
x

There are a couple of points here, kel:

Firstly the above letter does not absolve the dca of their legal obligation to comply with the terms of the Consumer Credit Act, 1974. The fact that they have returned your cheque also means nothing - the £1 fee is a statutory maximum charge that they may make, but are not obliged to make - in fact the true cost of providing a cca may run into several times the maximum permissible charge, but that 'additional' cost must be borne by the dca/creditor.
So, they are still legally bound by their obligation to provide you with a true copy of the original cca within 12 working days. They are, obviously, not going to be able to meet their obligations and are trying to fob you off by saying that they have 'returned the account to our client'. I doubt that they were ever doing anything but 'phishing' in the first place.
If you are contacted by anyone else, other than the original creditor (who would also, on your request, be legally obliged to provide a true copy of the original cca in order to enforce any agreement) this dca will have broken the terms of the Data Protection Act by passing your details on as you had, with your request, put the debt into dispute.
I, personally, would wait for the original 12 working days, since receipt of your request, to elapse, then send the dca the 12+2 letter that you will find in the following link:

http://forums.moneysavingexpert.com/showthread.html?p=6921563

Whilst some may feel that this could be seen as 'overkill', you will, in effect, be serving a 'default notice' on the said dca, thereby limiting his powers to pursue you in the future.

COOKIEWILLOW

blind-as-a-bat wrote: »

It might not happen with the Argos account, there seems to be no rime or reason to how Moorcroft attack, but im fighting next and argos via Moorcroft and they havnt tried court yet, but im prepared for them too.

You made a mistake re the 'Next' one, a mistake you could reverse, but thats up to you, i appretiate its not easy, but its your fear of all this that they use to win, simple as that, because without a legaly binding agreemant they cant win , other than by default as happened with next, and as that thread i posted shows, even that has been challenged and reversed now.

Regarding the NEXT one I had a letter off "EURODEBT" today offering their services regarding my recent ccj!! had the debt amount and court number etc, god whats that about? Asking if i would like them to negioate with my other creditors (if I had any). Ive heard of ambulance chasers but debt chasers?

blind-as-a-bat_2

COOKIEWILLOW wrote: »

Regarding the NEXT one I had a letter off "EURODEBT" today offering their services regarding my recent ccj!! had the debt amount and court number etc, god whats that about? Asking if i would like them to negioate with my other creditors (if I had any). Ive heard of ambulance chasers but debt chasers?

Theres companys offering to reverse bankruptcys too and ones saying they will help you file for your own bankruptcy.

There are some sick people out there who just dont care how they earn some money

COOKIEWILLOW

hI baab, thought you offline. God what they like eh? laughed my head off as i was shredding it.!!!

blind-as-a-bat_2

I got an email notification there was a new post, was sat typing something up:p

There is a whole industry surounding bad debt its just you dont see some of them advertising untill you end up on a register somewhere for a ccj or BR

Then these leaflets start dropping through your door

It is a missuse of the information too but there is nothing the powers that be can do even if they want too

I just feel sorry for those that believe them, as if they havnt been through enough already:mad: