Cca Requests Updates Please

Bazza66

Firstly many thanks to this forum and the help it has given.

Did the CCA letter earlier August to Lowell-Life and suprise got letter back with "We cannot find CCA at present but we will now take 20% of original debt".

Posted the +12 days letter and they responded with "Still cannot find it but we will accept 20% of debt" and then later "We shall not be contacting you until we have a CCA"

Then suprise suprise this morning (Monday would have been the +12+30 days) I get a letter from them saying "They cannot retrieve the CCA and the file is now closed unless they can find the CCA" - so not really closed then is it? A another victory against a DCA and all thanks to this forum.

My question now is... do I continue to send the +30 days (even though I believe it is not a criminal offence anymore) on Monday and ask for payments back along with compensation/remove from record under DPA, etc (as per the templates found on this forum)?

Bazza

Bazza66

Further to my previous post - the letter I was going to send is :


Dear Sir/Madam

Re:− Reference Number xxxxxxxxxxxx

I do not acknowledge any debt to your company.

I refer to my letter dated 30 July 2008 which was delivered via Recorded Delivery to your offices on 31 July 2008.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 30 July 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Lowell Financial purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 15 August 2008 and 15 September 2008 respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on 15 August 2008 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to Lowell Financial.

I require the following action from Lowell Financial :

1. All payments made to date to Lowell Financial for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Lowell Financial. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Lowell Financial or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully




Has anyone actually got the DCA to comply with the requests? I do have a default entered by Lowell and would like it removed.

I may actually find the answer since I am still ploughing through this thread so apologies if it has already been answered.

Bazza

bathgatebuyer

I've put something on the CAG board which has a link to a letter I received from the OFT which I have sent to Sainsburys who have failed to provide me with my CCA while continuing to pursue the debt.

I'll probably get my knuckles rapped for posting a link to the letter I received from the OFT which shows what they think about CCAs, but I think it's really useful to people who are looking so will do it anyway (the rebel that I am!) - the goods clearly outweigh the negatives!

http://i197.photobucket.com/albums/aa77/bathgatebuyer/OFTLetter1.jpg
http://i197.photobucket.com/albums/aa77/bathgatebuyer/OFTLetter2.jpg
http://i197.photobucket.com/albums/aa77/bathgatebuyer/OFTLetter3.jpg

The highlighting of the text relates to my own case, but it was getting this letter alone from them which forced the FOS to accept that this is a matter they should look at (after initially rejecting it saying that they 'are not there to police banks or advise them to improve their internal procedures' :rolleyes: )

What Sainsburys provided me with was a reconstructed agreement consisting of an application form and a copy of the present terms and conditions (I know they are recent because it has penalty charges listed as £12 ) and none of the prescribed conditions at the inception of the agreement. Despite the ongoing dispute - now being considered by the FOS - they have failed to put the account 'on hold' and are still adding interest to this account (and have during the course of the dispute sent letters from their Collections Team). This is clearly contrary to the OFT's Guidance Note on Debt Collection from 2003 in which it states that firms should not continue collections activity or applying interest while there is a valid dispute ongoing.

I reminded Sainsburys of this obligation about 4 weeks ago and was told by their Customer Relations people that they were sorry they couldn't resolve my complaint and had referred it back to someone more senior to try and resolve. What there is to resolve I don't know - they've been applying interest and charges to a credit card while it is in dispute and the FOS are investigating and the OFT have written to me about it. So, pretty clear there's a dispute :mad:

Anyhow, I hope you find the letter from the OFT useful - hence my previous post that it would be worth people contacting them to raise any issues you have with firms to them - they won't act on an individual complaint, but they will write to you explaining their interpretation of the law and that is a very useful weapon to brandish at DCAs, banks, the FOS and Trading Standards Officers who know little about what the law is relation to this.

shinyhead

Thanks very much for this post Bathgate, I'm going to have a look at an agreement that they sent to me as I've always thought it to be a bit 'suss'.

blind-as-a-bat_2

Bazza66 wrote: »

Further to my previous post - the letter I was going to send is :


Dear Sir/Madam

Re:− Reference Number xxxxxxxxxxxx

I do not acknowledge any debt to your company.

I refer to my letter dated 30 July 2008 which was delivered via Recorded Delivery to your offices on 31 July 2008.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 30 July 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Lowell Financial purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 15 August 2008 and 15 September 2008 respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on 15 August 2008 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to Lowell Financial.

I require the following action from Lowell Financial :

1. All payments made to date to Lowell Financial for this account should be refunded in full, including interest at the rate of 8% per annum.Grey area, if its a DCA you may be able to claim money paid back from them if it was asigned, but not if acting as agents

2. Removal of all defaults entered by Lowell Financial. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Lowell Financial or any other company within the group to comply with the refund of all monies paidData protection has nothing to do with payments , removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully




Has anyone actually got the DCA to comply with the requests? I do have a default entered by Lowell and would like it removed.

I may actually find the answer since I am still ploughing through this thread so apologies if it has already been answered.

Bazza

It is the view of people with greater legal knowledge than me that trying to get mony back for payments already made to the OC is a route you are best advised not to take even if they fail to supply a CCA


The courts view a CCA as a protection for the debtor against creditors acting unreasonably in demands they have no lawfull grounds to make, even if they fail the CCA it does not mean any money is not owing, just demand for payment cannot be enforced in law so offers no argument to demand payments already made back

MrBlueSky_4

Dear Blind as a Bat

Am I to undestand that if a DCA fails to produce ANY supporting paperwork and through fear and ignorance payments were made to them (i.e. DCA), it's not advisable to pursue it? I'd be pleased to have your answer before I instruct Scottish Solicitors!) :rotfl:

Thanks very much

blind-as-a-bat_2

MrBlueSky wrote: »

Dear Blind as a Bat

Am I to undestand that if a DCA fails to produce ANY supporting paperwork and through fear and ignorance payments were made to them (i.e. DCA), it's not advisable to pursue it? I'd be pleased to have your answer before I instruct Scottish Solicitors!) :rotfl:

Thanks very much

Ive noticed you thanking my posts and wondered why as i have not seen you post in this thread, who are you up against?

And why are you up against Scottish Solicitors if your in wales
I would have to check if there is any differance for scotland (not seen any mention anyware that the rules are differant, but would hate to say something and find they are)

But as i said if your dealing with a DCA it depends if they own the debt (been assigned) or are just acting as agents.

If its been assign unlawfully as the OC had no valid agreemant you may be able to get your payments back, but if they are acting as agents they are just collecting for the OC for a commision, this makes it harder to claim any payments back under anything in the CCA as the CCA was not designed for that purpose

MrBlueSky_4

Page 37 post number 726 may reveal the background (I lurk a lot and that was my first proper post).

I am English, living in South Wales and the DCA is the wonderful Mackenzie Hall. I've spoken to a firm of Solicitors in Scotland and can send them copies of all paperwork and they can let me know if they would act for me as I want to put in a Small Money Claim in the Sheriff's Court (I have done a bit of Googling). I strongly believe they obtained our money fraudulently and by deception (nearly £1,000).

I'm just so thankful for everyone that contributes to this site - if I hadn't requested the CCA I'd have carried on paying and we really don't know if the debt was my OH's anyway!

Thanks again (no icon's as I know they're not working)

Bazza66

MrBlueSky wrote: »

Dear Blind as a Bat

Am I to undestand that if a DCA fails to produce ANY supporting paperwork and through fear and ignorance payments were made to them (i.e. DCA), it's not advisable to pursue it? I'd be pleased to have your answer before I instruct Scottish Solicitors!) :rotfl:

Thanks very much

I am with MrBlueSky here - I also paid under pressure and ignorance. With their (Lowell) failure to produce any documentation they are not legally entitled to pursue the debt therefore (my understanding) they should not have taken any payments from me therefore I am entitled to them back surely?

From my understanding Lowell buy up debts on the cheap which indicated they are not agents.

I also would like to know its its worth trying to get the money back which is why I asked in the first place whether anyone has actually succeeded?

Bazza

Bazza66

MrBlueSky wrote: »

I'm just so thankful for everyone that contributes to this site - if I hadn't requested the CCA I'd have carried on paying and we really don't know if the debt was my OH's anyway!

Here Here (or is it Hear Hear? Never sure which one). If I didnt know about the CCA I would also have been paying blindly.

Bazza