Cca Requests Updates Please

frazzmunch

thanks shinyhead....didn't sign name on this one, but unfortunately have done so frequently in the past...just have to hope they don't have the brains to look back!!!

is the 21 days they mention relevant in any way? it just seems odd to me that they have picked a specific number...maybe its just me being overtly suspicious....i normally pay them on the 22nd so will cancel the dd if no response by the 15th (12+2)....

incidentally, the same day i recieved a response, i also received a letter from them asking me to contact them regarding increasing payments on account...this was dated two days after they had called me and i told them that i was not in a position to do so and informed them i was going to request the cca....are they deaf, or expecting me to change my financial circumstances in 48hrs??? :rolleyes: these muppets make the csa seem competent!!:rotfl:

shinyhead

The 21 day thing and also their attempts at making you pay more are their attempts at staying in control. The first is meaningless and they may still try calling.

The only date that matters is the one they're due to return a true coppy of your CCA. After that it's in dispute. If you decide to stop paying expect lots of calls! But never forget you're within your right to do so.

Yes, they usually are incompetent muppets.

frazzmunch

thanks shinyhead....also sent them the 'do not phone me' letter with the cca request, so will be logging any calls carefully and complaining to appropriate authorities if necassary...

once again, thanks for the speedy response..:D

stapeley

Still receiving calls from a DCA quoting a old address . So just not confirming any details with them .

rog2

stapeley wrote: »

Still recieving calls

They are difficult to stop - many DCAs tend to view the 'don't phone me' letter as an open invitation to increase the frequencie of their intrusive harassment. :mad: :mad:

With MBNA and MERCERS I would just read out the letter, word for word, and ignoring any attempts by them to intervene. In my case, they were even ignoring the fact that I had been declared bankrupt - in fact MBNA didn't finally stop calling me until almost three months into my bankruptcy. :mad:

Then they started writing to my wife, offering credit cards. :mad: :mad:

You just have to keep at it, and report them for harassment.

[Deleted User]

drinkupretty wrote: »

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.

Well still heard nothing from them. If I hear nothing by 28th sept it will be cca request + 12 working days +2 days to allow for postage + 30 days.

shinyhead

I've been reading this thread and the forum for almost a year now and it's been interesting to see how crediitors and DCAs have tried to fight off CCA requests. It seemed to stop them in their tracks but recently they seem ready to spout any legal twaddle to try and put us off.

The point I'm trying to make is DON'T let it put you off-if they've said something fishy in their reply to a CCA request post it here so we can all have a good laugh and straighten things out.

asn_2

asn wrote: »

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?

Following from the above post I wrote to the creditor to clarify my request and this is the reply I have had from them.

Reference: SECTION 78 of the Consumer Credit Act 1974

I write further to your letter and the enclosed £1.00 fee requesting a copy of your executed agreement for the above account.

Please find the following documents enclosed:
* A copy of your original Credit Agreement at the time you entered into your agreement
* A copy of your current Agreement
* The current credit limit on your account is x
* The current balance on your account is y
* Your next minimum payment of z is due on xx/xx/xxxx

The information we must provide you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

You will be receiving your next statement shortly which will provide you with all the full details of your account.

This completes our obligation to you under Section 78 of the Consumer Credit Act 1974.

Yours sincerely

signed

Court Orders and Disclosures
Legal and Regulaory Compliance

Enclosed with this letter were just copies of the then agreement and the now agreement, not a signed true agreement.

This obviously means that CCA request is still not complete but what do I reply to them?

dmd12577

Hi guys. Well to report back I have some good news and some kinda ok news.
First off one of my creditors, additions direct wrote back to me after me sending the 2nd cca default letter to them 20th August saying they will not be pursuing the debt of £812 to which I was pleased with. They did roll over and play dead pretty quick though giving I only sent first cca request on the 5th August 2008 haha. Secondly Most of my other creditors have gone quiet, no phone calls just letters saying they have requested my details from the original creditors and account is on hold. One which is Aktiv Kaptial has put up a bit of a fight though. I sent cca on the 6th Aug 08, they sent me a letter on the 13th with the following reply:

In response to your request for information under the consumer credit act, please note that we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and the right to collect that balance, together with the right to apply interest in accordance with your original credit agreement ( where appropriate). We did not purchase your actual agreement, consequently we have no obligation to provide you with a copy of that agreement.

However, as a matter of good practice, we have tried to obtain a copy of the original agreement from the original creditor and they have now advised that it is not available.

Also the deed of assignment and copy statements are not available

In the meantime there is no reason why our debt collection activities against you should be suspended.

We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this group of companies.

It is therefore in your best interest to agree an instalment arrangement with us, or discuss terms for settlement( we may give you a substantial discount on the original balance for early payment) within the next 10 days

yours faithfully

Aktiv kapital

I have received quite a few phone calls from them also, so i went to see a guy in the trading standards, basically I knew more than he did in this field as it was not his field of expertise but anyway he said since I did owe some sort of a debt to them i should make an offer of maybe 500 to pay off a 1,400 debt which is made up of alot of interest and charges which I have disputed just to put it to bed really and get the debt cleared as in his words where, it will just keep going back and forth and get nowhere. My argument was though, they havent gave me the info I requested ie: statement of account, or anything to suggest I actually owe this money and how its been accounted. So having came away from trading standards really non the wiser i spoke to a guy from aktiv kapital to merely ask for things to be put in writing and stop calling every day and things kinda got a bit heated on the phone and he was really pushy and hard nosed about the whole thing basically making out i had not a leg to stand on because if it went to court they had my credit ref file saying i owed this debt they had bought and that was enough evidence they needed and spouting something on section 77, that as the creditor they need not provide a statement of account etc. I came away from the phone call a bit woopsi daisy should i say but after calling consumer direct they confirmed all what I know was true and that the guy was wrong and using bully tactics. Basically like the threads say, Dont ring them or answer the phone cos some can be quite controlling and you may end up commiting to something you cant stick to. Im glad I stuck to my guns but could kick myself for not putting the phone down when the cheeky git was even asking about my income and how long i had been on benefits for and to make a one off payment of 500 and the debt will go away. sorry this took so long to type as it all happened today with aktiv kapitol. consumer direct have basically told me I am totally in the right to ask for what i asked for and if its not received in 14 days as of today i should get back on the phone to them and they will investigate.

shinyhead

Hi asn,
Exactly what do you mean by then agreement and now agreement?