Cca Requests Updates Please

rog2

GeorgeUK wrote: »

re the trading standards - is it the TS nearest their office, or the TS where you live? Seen both mentioned and wondered.

I would reccomend that complaints are made to the Trading Standards Office nearest to the offending DCA, as they will, most likely, already have a large dossier on them. In the Case of Mackenzie Hall, I would complain to:

EAST AYRSHIRE COUNCIL TRADING STANDARDS
14 London Road
Kilmarnock
KA3 7AF

Tel. 01563 521502

email: [EMAIL="tsl269@connct.bt.com"]tsl269@connct.bt.com[/EMAIL]

They, certainly, have a comprehensive file on MacKenzie Hall - I would, also, send a copy to your own local Trading Standards Office.

stapeley

I am not sure what a complaint to TS will actually do for your case. I wrote a complaint addressed to the litigation department of the DCA. Point out the process you have gone through and say that you now believe you have grounds to report them for malpractice. Within a week I had letter saying they had closed the account .

rog2

stapeley wrote: »

I am not sure what a complaint to TS will actually do for your case.

Hi stapeley - I appreciate that it often seems as if TS don't appear to do much regarding complaints, and I am pleased to see that, in your case, a letter to the litigation department of the DCA resulted in a successful outcome.
However, the Office of Fair Trading does have the right to revoke the licence of a DCA who is acting in contravention of the Debt Collection Guidelines that they have laid down. It is, often and only, by receiving complaints about the behaviour of 'rogue' dcas, that they become aware of such behaviour. They do, admittedly quite rarely, use their powers and the information that they receive on a dca, through complaints, often serves to reinforce any specific action that they may take.
It is, also, important to complain to the Information Commissioner when a dca blatantly disregards the terms of the Consumer Credit Act, 1974 and passes on information to a third party as this is also a criminal offence under the terms of the Data Protection Act, 1998.
Many dcas believe that 'debtors' are only using the 'cca request' procedure as an attempt to avoid 'debt' and, as such, are unlikely to carry it through to conclusion, as this can prove a very lengthy and difficult process. It is, therefore, not surprising that many of them do not take cca requests seriously, so it is, in my opinion, important when anyone starts out on the cca route that they are prepared to follow it through. This includes making the necessary formal complaints which will, if the matter ever goes to court, serve to reinforce the position of the 'alleged debtor'.

stapeley

Thank you ROG ,as always appreciate your input .

kel123_2

ROG I agree with you but only at the correct time. My personal opinion is that we don't give them enough rope by complaining too quickly and without due cause. E.g. if you go through the DCA's or banks complaints procedure and after 56 days of none agreement you can then officially complain to the FOS, but before then there is no complaint. Also it is only when they continue to chase after the required time scales that complaints should be sent to TS, although the SAR is a different matter.

I 100% agree that if you are not prepared to go all the way don't start the game but there are many winning games each person must set out knowing what they want to achieve and what they will settle for.

georgiasmum

I have been having trouble with a DCA called Allied International. The 'gentleman' who phoned 15 times in one day and threatened the office staff at work was reported to the police! (He did many other things too- I have outlined them in other thread...) I wrote requesting my CCA and other pertinent details pertaining to the alleged debt. I received a letter apologising for my poor treatment and that it was now being investigated by their internal complaints team.

All very nice but I still have no CCA and the 12+2 is up. Do I now send the 'you are in default' letter???? Thank you to Rog, Fermi and Stapely for an very entertaining thread!!!

kennyvinegar

kennyvinegar wrote: »

Hi everyone - update on my Cahoot loan cca situation.....(after i'd sent the 12+2+30 letter and stopped my direct debit), they phoned me up asking to make payment, so I told them I had sent them the letter and that i would not be paying the DD anymore (she tried to tell me I was in the wrong but I wasnt having it), anyway she said she would chase it up with customer services. So a couple of days ago I finally received my cca BUT it does not state whether I opted for PPI when I applied. It only says about ticking a box to request PPI if you hadn't applied online. Of course I had applied online, and so of course I hadn't ticked the PPI box.

How am I meant to know if I supposedly opted for PPI (which i'm 99% sure i wouldn't knowingly do)? Has anyone else had this problem or challenged Cahoot about this? They haven't hassled me for this payment as yet but I'm sure they will do. I'd be grateful for some advice on this, thanks.

Can anyone help? Should I set up my direct debit again now they've sent me the cca?

kel123_2

If your CCA contains all the prescribed terms then realy you have no option but to start paying again, Yes it was outside the time scales and yes they have commited an offence but can you realy see a judge not making it enforceable. Also you run the risk of getting a CCJ. Have you tried applying for a refund of your PPI?

kennyvinegar

Hi Kel, thanks for your help. I haven't tried applying for a refund yet, as i was after my cca to check if i'd signed up to ppi. Think i'll challenge them on how they can prove i opted for it.

view

Hello

I have sent my first letter off, no reply (it was received as it was signed for and I saved a screen shot of the proof).

Could someone let me know where the second letter is? Is there a link? I know the debt helpline has the first letter, but can't find the second or any subsequent letters.

Thanks muchly
GJ x