Cca Requests Updates Please

COOKIEWILLOW

How and where do they get their info though, public reg?? god perhaps somebody wants to think about these public registers, what about Data Protection etc? ps how do you get the email?

blind-as-a-bat_2

COOKIEWILLOW wrote: »

How and where do they get their info though, public reg?? god perhaps somebody wants to think about these public registers, what about Data Protection etc? ps how do you get the email?

Well bankruptcy is a matter of public record so any joe blogs can look here http://www.insolvency.gov.uk/eiir/IIRMasterPage.asp

Not sure about CCJ,s but i think there is a private regestary that you have to pay to search, but they might just get them from the courts list

not sure why the email should be listed anywhere though

COOKIEWILLOW

blind-as-a-bat wrote: »

Well bankruptcy is a matter of public record so any joe blogs can look here http://www.insolvency.gov.uk/eiir/IIRMasterPage.asp

Not sure about CCJ,s but i think there is a private regestary that you have to pay to search, but they might just get them from the courts list

not sure why the email should be listed anywhere though

I meant the email that notified YOU:rotfl:
Have you caught my blondness? lol. i know that when you go BR that you go on a public reg but what i mean is why havent that been changed since all the risks with our personal data? Seems wrong. Another stupid thing happended yesterday when i wasnt allowed to record my son at his ceremony, his dad was working and couldnt make it so i thought at least he could watch it when he got home!!

blind-as-a-bat_2

COOKIEWILLOW wrote: »

I meant the email that notified YOU:rotfl:
Have you caught my blondness? lol. i know that when you go BR that you go on a public reg but what i mean is why havent that been changed since all the risks with our personal data? Seems wrong. Another stupid thing happended yesterday when i wasnt allowed to record my son at his ceremony, his dad was working and couldnt make it so i thought at least he could watch it when he got home!!

No not blonde, just trying to answer too many posts at once:rotfl: Im a bloke we dont do multi tasking very well:p

The public record issue is one that has been challenged with the gazzette which also lists BR,s it failed.

I agree when i saw my details there it did make me feel exposed, one reason im trying to avoid my wife having to go down the same route.

They are going to stop putting it in the paper next year though

As for the email, if you subscribe to a thread then go into your user control panel there is an option to send emails when a new post is made somewhere in there

COOKIEWILLOW

Bless you, men can be "blond" too, take my hubby, he just come home from footie and said he had a phonecall off Tesco visa but it came up "tesco fu**ers" on his phone, he couldnt believe it until i told him it was me who done it as they been hounding him for a missed payment this week and he kept forgetting the number and answering it and repeating his "i cant pay til next week" speech, so i had put that in so he would recognise it!!! now surely thats blond!!

COOKIEWILLOW

ps. and he went to uni and i didnt!!

NW-ANGEL

rog2 wrote: »

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.

:T :beer: HUGE thankyou!!
kel
x;)

fiveyearplan

Rog 2 - what do you mean by 'limiting their powers to pursue you in the future'?

I have a big CCA thing going on at the moment with MBNA and a couple of other minor debts going that route. The MBNA has progressed furthest and we have another deadline next monday to get AQ in to the court.

We are also pursuing Barclaycard and Capital One. I just sent off another CCA to C*apquest for the Capital One cc. Both of these so called credit agreements are just a signature applying for a card (post card size paper!)

I'm sure we will win those 2 and will keep this thread updated!

stapeley

As you know I have issues with CLAP QUEST . Update is they offered to accept £5 per month . They insist Application form is okay . I have now pointed out that the CC ACT says terms and conditions should be embodied in the document not a separate part of it . A Judge has said this means within in the four corners of the agreement . So any signature box should come after the terms and conditions. What they have sent me so far is, a copy of a signed application form , and three pages of photo copied terms and conditions .

rog2

fiveyearplan wrote: »

Rog 2 - what do you mean by 'limiting their powers to pursue you in the future'?

Hi fyp - sorry to have 'missed' your question.

What I mean is that a creditor, or dca, can not pursue payment against a 'debt' for which he is unable to provide a true copy of the original cca. Once you have requested that cca then the crditor/dca should cease all attempts at collection until he has provided the cca.
As we all know, there are those in the 'industry' of debt-collection who will try to divert attention away from their legal obligations. In my opinion the 'letter' that NW-ANGEL has received is an attempt at 'just that' i.e. leaving the door open for the dca, or another of his ilk, to chase the 'alleged debt' at a future date, as if nothing had happened.
The 12+2 letter actually puts the creditor/dca into 'default' meaning that they can no longer enforce the agreement without the permission of the courts, and that they are no longer legally entitled to pass on any information regarding either the 'alleged debtor' or the 'alleged debt' to any third party - this includes other dcas.
If you do not inform the dca/creditor that they are 'in default' with either the 12+2 letter, or the 12+2+30 day letter, then that dca could claim that he has done nothing wrong in passing on your details to another dca.