Cca Requests Updates Please

rog2

get_me_out wrote: »

Hubby has sent a letter to capquest asking for a copy of his cca from the Clydesdale bank re his mastercard opened in 1999. Debt has been with 2 other companies prior to capquest. Going back to 2002.

Out of interest, gmo, can your husband remember when last he made any payment towards, or acknowledged in writing, this 'debt'.

If it is related to a scottish Debt, then after 5 years, providing there has been no payment, or written acknowledgement by your husband, then the 'debt' will become 'statute barred' and can not be pursued through the courts.

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

Of course, if he made any payment through the previous dcas, then this won't apply.

But take no notice of CRAPQUEST'S reply. By the very fact that they have tried to pursue your husband for this alleged debt, then they are legally obliged to provide him with a true copy of the executed consumer credit agreement, whether they are the original creditor or not. Without that cca, they can not pursue this debt - plain and simple.

loramos

Morning all.Just a quick update re post 703
Cabot have returned all my correspondence and postal order saying unable to find my account asking for full name,D.O.B. & copies of all their letters (this was handwritten at the bottom of one of my letters,why are they not using their own headed paper?)Do I ignore this and just send them the 12+2 letter 5/8/08=21/8/08?
Buchan clark returned PO stating they are not creditor they have put the matter on hold and asked their clients to send CCA to me directly.Do I send them the 12+2 letter on 21st also?
None of the other DCA's have replied so far.Once again many thanks everyone

rog2

loramos wrote: »

Morning all.Just a quick update re post 703
Cabot have returned all my correspondence and postal order saying unable to find my account asking for full name,D.O.B. & copies of all their letters (this was handwritten at the bottom of one of my letters,why are they not using their own headed paper?)Do I ignore this and just send them the 12+2 letter 5/8/08=21/8/08?
Buchan clark returned PO stating they are not creditor they have put the matter on hold and asked their clients to send CCA to me directly.Do I send them the 12+2 letter on 21st also?
None of the other DCA's have replied so far.Once again many thanks everyone

In BOTH cases, you should ignore the letters and send them the 12+2 letter ( I make that due on the 19th of August ).
Both Cabot and BCW are legally obliged to provide you with a true copy of the original executed consumer credit agreement within 12 working days of receipt of your request. It does NOT matter whether they were the original creditors or not - by virtue of the fact that they have chosen to pursue you for payment, they must accept their own legal responsibilities.
And you have no obligation whatsoever to supply the information that Cabot are asking for - in fact, they have NO LEGAL RIGHT to ask you for that information - it is a breach of your privacy.

loramos

Excellent advice rog2. I actually look forward to the postman delivering these days.Many thanks.

[Deleted User]

I sent a request for a cca again on 8th of august, Fredrickson international recieved it on 11th august at 7:46 am, so we shall see if they manage to respond in the next few days. Wescott previously were chasing me for the debt and when I requested a cca I heard nothing for a few days then fredrickson international started to write to me about the debt instead. What happends if fredrickson can't produce a cca and pass the debt on? Do I just keep sending cca requests with postal orders?

rog2

drinkupretty wrote: »

What happends if fredrickson can't produce a cca and pass the debt on? Do I just keep sending cca requests with postal orders?

No, dup - If FI can not provide you with the cca, neither can they pass or sell on your details to any other dca.
If this happens, as it frequently does, then you need to send them the letter (no fee) that you will find on the following link:

http://forums.moneysavingexpert.com/showpost.html?p=13212441

luckymum_3

hi all. more help needed please.
i wrote to ndr ( littlewoods debt collection agency ) requesting my cca on july 2nd. On july 18th i got a letter from them saying my account was on hold and details for cca request were sent to littlewoods , i heard nothing so on 12th august sent next letter to littlewoods which is the failure to produce agreement one ...Now today i have received an NDR statement which also has a £12.00 administration charge on it :mad: dated the 9th august, but nothing else , what do i do next ? Also sent the same as above to vanquis the failure to produce agreement was received on 12th august but today have received a notice of intended action from impact collection services working on behalf vanquis and this letter was dated the 13th ( the day after they received my last letter ) what do i do ? shall i get intouch with impact and inform them i am waiting on a cca as they want full payment within 10 days or do i get in touch again with vanquis ?:mad: help very much appreciated

rog2

Hi lm - you aren't really living up to your username, are you? :sad: :sad:

First of all, ndr should NOT be adding 'charges' to a debt that is 'in dispute'.
I would send a 12+2+30 day letter to ndr, as you cca'd them in the first place - in fact, I would suggest that you attach a copy of your first letter, requesting the cca, to them.
Then I would consider reporting them to the OFT for having totally ignored your first request.
With regard to Impact, acting on behalf of Vanquis, I would send them the letter that you will find on the following link:

http://forums.moneysavingexpert.com/showpost.html?p=13212441

luckymum_3

hi rog, no not lucky at all
right which is the 30 + letter again , sorry have sent so many and kept copies of each one i am really confused now haha and who do i report to oft littlewoods for passing back to ndr or ndr ? p.s what is oft ...
and if i do what reprecussions are there for me ..

rog2

luckymum wrote: »

hi rog, no not lucky at all
right which is the 30 + letter again , sorry have sent so many and kept copies of each one i am really confused now haha and who do i report to oft littlewoods for passing back to ndr or ndr ? p.s what is oft ...
and if i do what reprecussions are there for me ..

Okay, lm,

1. the 12+2+30 day letter can be found on the following link:

http://forums.moneysavingexpert.com/showpost.html?p=6582439

2. It is ndr who you should consider reporting - and, don't worry, there would be NO repurcussions for you.