Cca Requests Updates Please

loramos

Thanks Stapely.Can someone please point me in the direction of the 30 day letter.Searched high and low here but cant locate it( time for glasses methinks!)

annon2204

Hi need some help please - I sent out CCA requests on 14th August - so the 12 +2 was up on 3rd Sept. I've had following replies not sure how to proceed.
Marshall Ward - received a signed agreement, however - the account opened on 20/06/07 - as stated in their letter but agreement signed 17/12/07 - I seem to remember that I got this agreement through with some goods ordered at christmas - does this act as a CCA.

Littlewoods - I had 2 accounts with them which were put together into one in May this year and I signed an agreement for this new account which they have provided. However the 2 original accounts they have provided nothing for one and the other is simply a signed application form I think. Can I dispute this and what do I do next?

Verbaudet - there letter encloses a "standard agreement which you would have signed in accordance with advice given to you at the time you established your home shopping account" -so they do not have a signed CCA. But they go on to say "You appear to have acted in a way which indicates that an agreement was signed as you conducted the account for some time by placing orders, receiving goods, returning goods within the approval period and making payments." The final part of the letter states "I must, however, correct your statement that we are under an obligation to provide a facsimile copy of a signed agreement. The regulation only requires us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer you to Regulation 3- Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983(SI.NO.1557). How should I respond ?

Next - no response should I follow up with another letter or wait the 30 calender days? Is it 12+2+30 or does the 30 start form the beginning ?

Hope someone can help.

stapeley

DCA called again today ,so left them listening to Balamory ! Thought I would do the , sorry hold on a minute i,m up a ladder washing windows gag . ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhha , aarrrrr ,help , help help , ahhhhhhhhhh.

carriel_2

Sorry to be a pain, I have had a quick search through this post looking for the standard letter to send, but I cannot find it, I know I have used one from here before, can anyone point me in the right direction please?

I'm looking for the first letter asking for details of the debt, payments made etc & for the signed credit agreement. I have had a mysterious letter from Scotcall this morning, saying I will get a doorstep collection in 7 days if I do not pay straight away, I have no idea what this is?

Many thanks :beer:

stapeley

DO NOT RING THEM . Just write back using there reference NUMBER , do not confirm ANY details . Say that you have no knowledge of any debt to them and suggest they check their details . IF and its a big IF anyone calls refuse to speak to them, tell them to go forth and multiply . If they do not leave call police !

annon2204

can anybody help with my earlier post !!

moneymare

Excuse me if I am being a bit thick , but can somebody please reassure me that if First Credit received my CCA request on 2nd September 2008, I can send them the 12+2 letter on 19th September 2008?? I am getting totally confused....

Bazza66

loramos wrote: »

Thanks Stapely.Can someone please point me in the direction of the 30 day letter.Searched high and low here but cant locate it( time for glasses methinks!)

Loramos,

This is a copy of the letter I sent today (taken from a template somewhere on these forums - I know how hard it is to find stuff sometimes!) so Lowell-Life will be getting this tomorrow hopefully. I will keep you posted of my outcome.

Bazza

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

Bazza66

moneymare wrote: »

Excuse me if I am being a bit thick , but can somebody please reassure me that if First Credit received my CCA request on 2nd September 2008, I can send them the 12+2 letter on 19th September 2008?? I am getting totally confused....

That dates sounds right to me! Its 12 working days from the date they recieved it so it would have been 17th Sept by my calculations.

Bazza

blind-as-a-bat_2

annon2204 wrote: »

Hi need some help please - I sent out CCA requests on 14th August - so the 12 +2 was up on 3rd Sept. I've had following replies not sure how to proceed.
Marshall Ward - received a signed agreement, however - the account opened on 20/06/07 - as stated in their letter but agreement signed 17/12/07 - I seem to remember that I got this agreement through with some goods ordered at christmas - does this act as a CCA.

Hmmm depends wht it was for, was it for the whole account or just a perticular purchase? If its for the whole account then it will only be valid from the date of signing, but it still has to be valid, so does it contain all terms for credit or just the intrest free ones?

Littlewoods - I had 2 accounts with them which were put together into one in May this year and I signed an agreement for this new account which they have provided. However the 2 original accounts they have provided nothing for one and the other is simply a signed application form I think. Can I dispute this and what do I do next?

Again the new agreemant only covers from that date and still needs to contain all the correct terms as for the others, the no show is obvious, but the signed aplication 'may' still be valid if it contains ALL the prescribed terms

Verbaudet - there letter encloses a "standard agreement which you would have signed in accordance with advice given to you at the time you established your home shopping account" -so they do not have a signed CCA. But they go on to say "You appear to have acted in a way which indicates that an agreement was signed as you conducted the account for some time by placing orders, receiving goods, returning goods within the approval period and making payments." The final part of the letter states "I must, however, correct your statement that we are under an obligation to provide a facsimile copy of a signed agreement. The regulation only requires us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer you to Regulation 3- Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983(SI.NO.1557). How should I respond ?

they may be correct if its quite a new agreement, when was it taken out? But if they wanted to persue it through the courts they would need to produce the fully signed origanall, or certified copy of it so is a bit of a mute argument really

Next - no response should I follow up with another letter or wait the 30 calender days? Is it 12+2+30 or does the 30 start form the beginning ?

Hmmmm im still waiting for mine from them, Next sent it moorcroft, who after a nice little thretening letter sent it straight back again:p Been very quiet since, but im sure it will end up whith someone else eventually

The 30 does not count any more as its been ammended, no one ever got prosicuted anyway so was a waste of space:rolleyes: if you have sent them the 12+2 you can still send the other letter one calender month later, to be correct, but just remove the line refering to "after 30 days it is a criminal offence" then st back and wait to see what they do next

Hope someone can help.

hope that helps