Cca Requests Updates Please

rog2

loramos wrote: »

Do I reply to them or Triton or just wait for the 30 days before I send last letter.Paying RBS £1 per month ,do I stop?Thanks

If, as would appear to be the case, the document that they have sent does NOT constitute a true copy of the original cca, then they are now 'in default' and you should stop making payments if you actually dispute the 'debt'.
It really does not matter with whom you communicate - but, for the sake of continuity, I would suggest that you continue to write to Triton, with a copy to RBS.
I would, also, suggest that your next letter would be the 12+2+30 day letter.

With regard to the 'statements' - under the terms of the Consumer Credit Act, 1974, a creditor is not necessarily obliged to send you full statements - as long as they give you an 'up to date' statement. It MAY be necessary to ask for these through a SAR (Subject Access Request) under the terms of the data protection act, 1998 - http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf - for which there is a 'statutory fee' of £10.00, and under which, the creditor, or person to whom you make the request, must send you a copy of EVERYTHING that they hold on file about you.

loramos

Thanks rog2. Is there any relevance in the fact that the appliction had to be in before june 2001 and was not received until june 2002?

rog2

loramos wrote: »

Thanks rog2. Is there any relevance in the fact that the appliction had to be in before june 2001 and was not received until june 2002?

I would think so, loramos - in fact it stinks. I would 'show' it to National Debtline or CCCS.

loramos

Thanks rog2 will do

frazzmunch

cca request has gone in to dlc...feeling a lot better now! i don't care if they have it...i am more than happy to pay back what i owe....just feel better for letting them know that i am not prepared to tolerate the bully boy tactics they employ...:D

just a quick thanks to everyone on this site...its been a relief just knowing that i am not the only one in this situation

asn_2

I sent a cca request my one of my crediter by recorded delivery with the £1 payment. This was credited to the account as if it was a payment. After that I sent the 12+2 default notice again by recorded delivery. I have proof of delivery for both these. I then sent the 12+2+30 letter and surprise surprise, I have a response.

They firstly wrongly potray my request to be SAR, then they say never recieved this request altough I quoted recorded delivery references and are also saying I need to pay £10 pound if I wish to acess my personal information held by them under the data protection act. They have stamped and sent my 12+2+30 letter back.

What option do I now have. Should I write to them and clairfy my request or just ignore them?

blind-as-a-bat_2

Standard stalling tactics im afraid, can i ask who it is your dealing with? as in which DCA and origanal creditor

regardless of what they have said if you followed the tmplate CCA request then they are in default of that request and as they have cashed your £1 and you have had a responce and you can prove they got it as it was recorded i think that says it all.

They are obviously not going to take any notice of anything you send them so apart from reporting them all you can do is wait for there next move and re-act to that.

You could write to them pointing out the error in there communication, and at least you will have that evidance you made them aware they where wrong, but doubt it will help in the grand scheme of things, but that will depend on who your dealing with which is why i asked

asn_2

Thanks for the reply. It is the OC.

I might as well send them one more letter. Should I include a copy of the previous correspondance i.e. original cca request, the 12+2 default notice and well as th most recent 12+2+30 letter they have returned or just send them the proof of delivery of each of the letters and inform them that it is a cca request and not a sar and also point them to the fact that they cashed the pound?

frazzmunch

Here it is...response from dlc after cca request...

Thank you for your letter dated 1st September 2008 regarding the above account. I can confirm and advise the following:-

1. I acknowledge receipt of your payment of £1 in association with your request for documents under section 77-79 of the Consumer Credit Act 1974.
2. This account has been assigned to Hillesden Securities T/A direct legal & collections to collect on our clients' behalf. Therefore there is no deed of assignment available.
3. Your request under the Consumer Credit Act 1974 would normally be made directly to the client that legally owns the account, in this case Egg Banking Plc; however, we will put a request in to Egg Banking Plc on your behalf for the documentation required.
4. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974.

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.

Yours sincerley,



Any thoughts, comments etc gratefully appreciated....i am really confused as to why they cannot send a deed of assignment when they admit it has been assigned and am totally lost on item 4 !!!

shinyhead

Usual legal bullsh*t I'm afraid.

A deed of assignment must be available if a debt gets passed to another agency. The agency taking on the debt must supply a notice of assignment and the creditor passing it on must also inform you. Failure to do this is against OFT debt collection guidelines. It probably means they simply don't have one and so are stalling.

Para 4 IMHO is complete crap and they should produce a copy of the agreement that you signed and dated when the credit was taken out etc.Sometimes they try to hoodwink you by producing a blank copy of an agreement that they would normally be sending out to new customers to complete. Remember no signature-no comment. Hope you didn't sign or use your usual signature on the cca request letter as it has been known for a DCA to get creative.

Remember if you don't get a valid CCA in the 12+2 time limit you can then stop paying until such time one does turn up.