Cca Requests Updates Please

fermi

lkava5 wrote: »

Softcall returned my PO and said they are no longer dealing with it as it has been returned to the client (which looks like it could be another DCA Capquest)

They should have passed the request onto whoever their client is. Probably best to wait and see who contacts you next and CCA them.

lkava5 wrote: »

As Red Castle has acknowledged my CCA request letter do they still have to provide the CCA in 12+2 days - which is the 9th of April? Or because they sent me an acknowledgment letter does this mean they have more time to send me the CCA??

There is no way I want to give them my phone number but will this delay things?

There is nothing that they can write, say or do that will legally give them any more time. The law states that they should provide the information within the prescribed periods, and there is no way for them to get out of that.

There is no reason at all why you should give them your phone number. In fact it's a very bad idea to do so, because once they have it they will harass you constantly with phone calls.

andrewman

i sent a cca request to cabot via internet. i got a reply on friday with the following excuse. We write further to your request for information under sections 77 and/or 78 of the consumer credit act 1974. Although cabot has requested the information, the original lender is experiencing a delay in retrieving the information from it's archives. we shall send the information to you as soon as we receive it.

The Status Of Your Account.

we will as a goodwill gesture put your account on hold until we receive further communication from the original lender.

contacting cabot

if you have any queries about your account or any payment options, call one of our helpful customer advisors on 01732 524615.

I think if the original lender has been contacted by cabot, then the information i asked for, would have been sent. original creditor was barclycard/littlewoods.

fermi

andrewman wrote: »

I think if the original lender has been contacted by cabot, then the information i asked for, would have been sent. original creditor was barclycard/littlewoods.

Apparently a lot of the lenders place their archived documents in long term storage that it's not always easy/quick for them to retrieve them from. That's their own silly fault, but I wouldn't just assume that because they are taking their time they aren't looking.

Whether anything they find is valid/enforceable is another matter.....

elisebutt65

I've updated my original thread as well but I thought I'd tag along in here as well

I had a debt recovery letter from Crapquest in early November last year after a phone call so I followed up with the usual DCa request and then received a letter saying - debt on hold while we check it out.

Now - 4 months later - I've received another letter saying that they're still chasing it up with Nat West and if I want then I can pay off the debt in final settlement by just paying off half of it!!!! - the Debt has now mysteriously increased from 249 to 287 ?????

Gah - these eedjits are seriously peeing me off - I am going to send them this letter recorded on Monday!

Dear Sir/Madam

I wrote to you on 22/11/07 via recorded delivery, requesting a true copy of the signed agreement under the terms of the sections. 77(1) and 78(1) of the CCA 1974, enclosing the statutory maximum fee of £1 in the form of a postal order.

I have not been provided with a true copy of any signed agreement under the Consumer Credit Act and I have not been provided with a true copy of the deed of assignment, despite my properly formatted and paid for request within the timescales permitted within the Act.

I do not therefore acknowledge any debt to National Westminster Bank PLC

I will no longer be making payments against this alleged "debt" as it is unenforceable and you have no authority to claim monies from me. CapQuest Limited, I believe has committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that may be issued.

This will result in a report being submitted to the relevant statutory authorities

And then if they carry on I will complain to everyone!!!!!

stapeley

I have been looking at the OFT guidelines . they confirm.

Any agreement must contain the prescribed terms and are readily legible .

Therefore
Terms and conditions must form part of the form and not separate from it . If this is not complied with, the agreement has not been properly executed.

If you look at a credit agreement today , all the prescribed terms are readily legible . The terms and conditions are a attached part of the form.
On this basis I argue that the application form I signed was not in the prescribed manner required for it to be a properly excecute agreement.

The copies sent by the DCA can not be described as readily legible. The first time they sent copies to me, there were no terms and conditions attached .

stapeley

Yes thanks again . The only thing I can do is send a copy off to OFT, with my points outlined . I am going to phone the OC , to ask for a Application form. From this , I will compare the form to the one I had back in 2005 . I will give a differant name just incase .

suz7

Help! My CCA request with Moorcroft is at 12+2+7 today. Received a letter from them today saying I need to contact Cahoot direct on 0844 9000900 for a copy of the CCA, and they returned my postal order. Does this mean I have to start all over again with Cahoot? Why are Moorcroft asking me for money and then referring me back to Cahoot? Are they allowed to do this? Thanks, Sue.

Leixlip1

Moorcroft should have supplied whetherthey are the original creditor or not - they are obliged to do this. I'm guessing that there is no CAA - you could make the same request to Cahoot as they are the original creditor.
I had a similar experince with both Moorcroft and RMA on a Barclaycard debt - no valid CAA produced and Moorcroft returned my £1 - I've heard nothing since.

System

Is this good or bad?

I sent of last week to Moorcrorft in regards to a next account, They replied todat and sent the cheque back and They said next are unable to supply the agreement and that they accept the debt is unenforcable, but a default will remain until paid. Does this mean they can do nothing?

kel123_2

It will be interesting to hear what other think?

By returning the £1 are they avoiding the account going into dispute - I know some think that as soon as you ask for the cca the account is in dispute but I believe that the account is not in dispute untill the 12 working days are up! and therefore by holding on to the £1 and then returning it deems there is no dispute and therefore legitamately passing in on so to speak. The next DCA can in these circumstances legitamately try to recover the debt. I suppose it's dependant upon if the debt is not yours therefore you can put on the original request 'This account is in Dispute because it is not mine'.

What do you think?