Cca Requests Updates Please

Broken_hearted

We don't get grief as such any more. Why request a CCA, well its nice to show the DCA that you know your rights just incase they decide to play up. Anyway we will be down to one bad debt by october. The others I am not sure I want rid of M&S and Barclaycard have always been helpful.

rog2

stapeley wrote: »

The new DCA keep ringing me , I just tell them I do not discuss any financial details on the phone. They are trying to get me to give them my contact details . How stupid are these companies ? The original DCA had my details , and would surely have passed them on to OC ? The OC are in default of my CCA REQUEST , AND THEREFORE in breach of the CC ACT,by appointing another DCA . I will point this out when I receive any written demands from this new DCA .

If CRAPQUEST were unable to provide you with the true executed copy of the cca, then they should not, as you know, have passed/sold on the 'debt' to another dca. They are, now, also acting in breach of the Data Protection Act 1998.
The 'debt' was put 'in dispute' with CRAPQUEST and remains in dispute.
Have you sent the 'in dispute' letter http://forums.moneysavingexpert.com/showpost.html?p=13212441 to the second dca?

ALIBOBSY

Unless you have the cash to clear all the debts straight away DCA's will hassle you even if you make arrngements to pay. Also by the time you get to the DCA stage you credit file will have been ruined by the default notices anyway, so no difference there.
Mind you did people know that legally an account can only be defaulted once, so if the DCA add an extra default for the same account on your credit file this should be removed. A default cannot be updated to a more recent date either the original default stands. Have seen defaults removed for people on other sites through this argument, although the original default requires different arguments.

I have a number of accounts in CCA default and for a few months in 2007 had alot of hassle. We have one account where they produced a credit agreement which although doesn't completely conform with the legislation we have made arrangements to pay as it has been held by the OC and they have been helpful and frozen interest and charges straight away.

None of the others have had payments for over 12 months. The phone calls stopped after me demanding removal of the phone numbers from the account and insisting that all contact is in writing only.

I still get occasional letters as they get passed from dca to dca, but after a couple of letters pointing out the CCA sitution they give up.

If we get any spare cash I am considering making low F&F offers using the CCA situation as levarage, but obviously the offers will be made "as a goodwill gesture without any admission of liability", whats good for them is good for us . Just to clear things earlier, but otherwise no hassle at all.

Other option is to put the money away so if any of them ever get around to court action and we lost the argument in court, we could pay it off straight away. Mind you this is all dependant on us getting extra cash, which we don't have at the moment, depends if hubbies business keeps growing or if I return to work next year.

ali x

Broken_hearted

That sounds more like us ALI know where you stand then you can clear things at a lower amount. I actualy like the idea that something has been paid.

frazzmunch

first time on this thread!!! had a snotty phone call from dlc at the weekend and am sending them the 12 + 2 letter today! I have been looking for the 'not contacting me by telephone' letter but can't locate it...does anyone have a link? Also, i want statements of activity on my account but the 12+2 letter doesn't seem to have it...do I ask for it on this letter or not?

sorry to sound like such a muppet but i haven't done this before and am seeing everything through a red murderous mist....glad that dlc aren't closer!!:D

fermi

frazzmunch wrote: »

first time on this thread!!! had a snotty phone call from dlc at the weekend and am sending them the 12 + 2 letter today! I have been looking for the 'not contacting me by telephone' letter but can't locate it...does anyone have a link?

Link: Telephone harassment letter.

frazzmunch wrote: »

Also, i want statements of activity on my account but the 12+2 letter doesn't seem to have it...do I ask for it on this letter or not?

Link: Factsheet | Getting a copy of your credit agreement, account details and a statement of account.

The CCA request entitles you to a "statement of account", which is not the same as a set of statements.

If you want a full record of payments, transactions and charges then an SAR is more appropriate.

frazzmunch

thanks fermi....will post response (if i get one!!) when it arrives....would you mind having a look at it for me to tell me if it's okay?

i am half expecting a taking you to court letter before anything else...it's really annoying because i have an agreement with them from april 08 to pay £19.79 per month but have been paying £25 by so...they are trying to get me to increase the £25 and said that there criteria is to have it paid off within three years....not bad as i have been paying it for five!! :rotfl:

fermi

frazzmunch wrote: »

thanks fermi....will post response (if i get one!!) when it arrives....would you mind having a look at it for me to tell me if it's okay?

I can try, but some other people might be better depending on what they send back. Will have to see.

frazzmunch wrote: »

i am half expecting a taking you to court letter before anything else...it's really annoying because i have an agreement with them from april 08 to pay £19.79 per month but have been paying £25 by so...they are trying to get me to increase the £25 and said that there criteria is to have it paid off within three years....not bad as i have been paying it for five!! :rotfl:

They will often push for more whatever you do. :rolleyes: They are after all, out to make a quick profit if they can.

stapeley

rog2 wrote: »

If CRAPQUEST were unable to provide you with the true executed copy of the cca, then they should not, as you know, have passed/sold on the 'debt' to another dca. They are, now, also acting in breach of the Data Protection Act 1998.
The 'debt' was put 'in dispute' with CRAPQUEST and remains in dispute.
Have you sent the 'in dispute' letter http://forums.moneysavingexpert.com/showpost.html?p=13212441 to the second dca?

CQ Were acting for OC . Just outside the time limit they informed me they had closed the account and returned it to OC . Yes I did send the dispute letter to CQ. But have not received anything from OC . This new DCA do not appear to have my correct address , which I will not give them . As always ROG2 thanks for the input .

rog2

stapeley wrote: »

CQ Were acting for OC . Just outside the time limit they informed me they had closed the account and returned it to OC . Yes I did send the dispute letter to CQ. But have not received anything from OC . As always ROG2 thanks for the input .

Stapeley - you need to send the 'in dispute' letter to the 'second' dca - i.e. the one who is now 'hassling' you.
To clarify one point - if you sent the cca request to CQ - then it is CQ who are 'in default' as it was they who were chasing you - it really does not matter whether they were the original creditor or not - by chasing you for payment, they must accept their responsibilities under the Consumer Credit Act, 1974.
Whilst CQ are 'in default' - the alleged debt is 'in dispute' - it is 'in dispute' period - does not matter with whom. Even the OFT Debt Collection Guidelines http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf clearly state that a dca should not be chasing a 'debt' whilst it is 'in dispute'.
Don't worry about not hearing anything from the Original Creditor - that does not matter - what matters now is that another dca is chasing you for a debt that is 'in dispute' - that breaks just about every guideline in the book.