Cca Requests Updates Please

fiveyearplan

loramos wrote: »

Hi everyone, today is the day I was due to send the 30 day letter.Is it now agreed that this is no longer neccessary? What happens if CCA sudenly start to arrive a0 if they are in order b) if they are not in order?
Many thanks to everyone for previous advice and help.

If the CCA suddenly arrives then you need to see if it has the prescribed terms. If it does then try and come to a payment agreement with them. If it doesn't have the prescribed terms then let them take you to court.

asn_2

This is further to a CCA request to an OC who previously confirmed that the CCA was not available. This was recieved by my after the 12+2 letter was sent out.

I then also sent them a letter 12+2+30 letter modified for a situation wherein they have confirmed that they do not have a CCA.

i.e. asking them to refund payments, remove defaults, compensation under DPA s13 and then removal of all my data.

Each time I recieved a letter confirming that they are investigating and I will have a response and now I have had this response from them. I have added my notes in bold.

Dear Mr xxx

Thank you for your letter date xxx - this refers to the 12 + 2 default letter.

I am sorry that you have been disappointed with the service you have received from xxx and the delay in reply.

I have reviewed you account taking into consideration the points raised in your letter and I would like to advise you as follows.

It is ofcourse reasonable that a bank should demonstrate that you have entered into a contractual credit agreement and this can be demostrated by sending you a copy of the signed credit agreement. However as this account was opened due to your previous account being reported to our lost and stolen department and was issued as a replacement account on xx/xx/2007 we are unable to provide a copy of the credit agreement.

At this stage I have enclosed statements which represents preiods between xx 2008 and xx 2008. These statements confirm that you have utilised the account on a regular basis and that you have had the benefit of credit available and you have made made payments manually. - These were only payments (not purchases) that payplan were making on behalf of me until they rejected the payplan offers after which the CCA process was started.

I would advise that there is a repayment plan in place for both this account and your current account and that you enlisted the assistance of payplan which further demonstrates your recogonition of this account.

I trust the above information demonstrates that the debt is accurately recorded in your name and that the statements have been issued to the address which you have previded and that features and facilities of the account have been provided in line with the Terms and Conditions.

I trust my letter clarifies the matter for you, but please contact dm departement on xxx should you have any further questions or concerns. Should an agreeable solution not be reached after this you will be able to refer the matter to the FOS. HOwever if you do not reply within 8 weeks from the date on this letter I will assume I have answered your concerns to your satisfaction and I will close my file.

Yours sincerely

xxx

customer feedback adviser.


I am prepared to esclate this matter as much as is required and will be greatful with any help to put together a response for the above letter. I suppose it will not be a good idea to call.

stapeley

Calls continue from DCA , I answer , they say "is that

---

" I reply "yes. Who is that " they say "

---

, would you confirm your date of birth, and your address " I reply " NO " --- SILENCE

---

" why not " comes the reply . I reply " as I have said on the twenty seven occasions you have called. I do not discuss any financial matters on the phone . Goodbye ."

IgglePiggle03

After a bit of advice pls ref Fredrickson Int.

Basically sent cca on 7july, no response but calls etc stopped so was thinking they didn't have it. Letter rec'd on 18aug confirming they had rec'd letter and were returning chq as were no longer instructed in relation to this matter. Then had phone call couple of weeks latter whereby they were obviously still chasing the money. I told them about letter I rec'd, she checked with someone and confirmed what the letter said, apologised and agreed details would be taken off file.Unfortunatley i didn't take her name which i'm annoyed about.

Anyway have now rec'd a letter from bryan carter solicitors (same add as Fi so thinking they're inhouse) saying they are instructed, i need to pay in 7 days after which time they have instructions t issue proceedings for recovery without further notice. It also asks me to ring FI with my proposed payment plan which is only indication that FI is still involved. Whats the best course of action now?? Am thinking i really should ring as maybe its another case of the message not goinf through to the neccessary dept like last time.

Many thanks in advance

stapeley

Keep letter safe , send copy to their in house solicitors .

setmefree

IgglePiggle03 wrote: »

After a bit of advice pls ref Fredrickson Int.

Basically sent cca on 7july, no response but calls etc stopped so was thinking they didn't have it. Letter rec'd on 18aug confirming they had rec'd letter and were returning chq as were no longer instructed in relation to this matter. Then had phone call couple of weeks latter whereby they were obviously still chasing the money. I told them about letter I rec'd, she checked with someone and confirmed what the letter said, apologised and agreed details would be taken off file.Unfortunatley i didn't take her name which i'm annoyed about.

Anyway have now rec'd a letter from bryan carter solicitors (same add as Fi so thinking they're inhouse) saying they are instructed, i need to pay in 7 days after which time they have instructions t issue proceedings for recovery without further notice. It also asks me to ring FI with my proposed payment plan which is only indication that FI is still involved. Whats the best course of action now?? Am thinking i really should ring as maybe its another case of the message not goinf through to the neccessary dept like last time.

Many thanks in advance

Send this to Bryan Carter and remember never sign your letters always print edit as needed


ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number:

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with xxxxxxxxxxxxx and has been sincexxxxxxxxxxxx.
Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

As xxxxxxxxxxxxx are now in default of my Consumer Credit Act request, and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to xxxxxxxxxxxxxxxxfor resolution of these defaults and breaches, as xxxxxxxxxxxxxcannot lawfully pursue any enforcement activities.

If xxxxxxxxxxxxchooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

luckymum_3

hi , help needed for me as well please .. kays sent me a reply saying no cca and are closing account , now sent dca letter to me ! littlewoods and vanquis have not replied to any letters i have sent regarding cca request , and have had letters saying contact is needed as they will start court proccedings.. any help appreciated.

rog2

luckymum wrote: »

kays sent me a reply saying no cca and are closing account , now sent dca letter to me ! littlewoods and vanquis have not replied to any letters i have sent regarding cca request , and have had letters saying contact is needed as they will start court proccedings.. any help appreciated.

Hi lm

Send a copy of the letter that is in setmefree's post to the dca who is chasing the 'kays' account.

Poviding that you have sent the 12+2 letters to littlewoods and vanquis, then do not worry about possible 'Court' procedings. If they do issue a summons, you would need to fill in the 'defence' section, stating that you have requested ccas and that these were NOT supplied within the legally prescribed time period of 12 working days from receipt of your request (quote dates). In order to 'enforce' any agreement, the dca will have to, now, produce the cca and request the Court's permission to 'enforce' it. The Court should take a very dim view on the fact that they did NOT provide you with the cca, on your request, under the terms of the Consumer Credit Act, and they should deem the agreement to be 'irrideemably unenforceable'.

You can speak to National Debtline - 0808 808 4000 - if you need any further advice.

stapeley

hi Rog 2 what is your situation with regards to dealing with dca,s just being noisy. You seem to know most of the proceedures off by heart.

loramos

Morning everyone.I recieved this letter on 23rd Sept.From ARC Europe acting for EGG Credit card.I have recieved a two page badly copied CCA afrom egg dated december 200.(TWO ZERO ZERO) and a second page different type face apparently signed by me in Jan 02.Statements from 2004 and some from 2006.Before I discovered this forum I sent egg and arc alist of liabilities etc and offered £1.per month I signed a DD to arc for £1.00 payable over the next 999 months I'm 60 so this will run untill I'm 143 years old.Here is extract from ARC letter How do I respond?

Thank you tor your recent letter received on !"' September. Your letter acknowledges the documents we received from our dient following your request and these were enclosed with our letter of 19th August. Our instructions are that the documents, supplied are compliant and you may wish to take legal advise in this respect. Although Your letter states that you dispute the debt, you have so far given no grounds for a defence to our client's claim for the above balanceon your account. In fact, to the contrary. vou have provided us with Information as to your financial circumstances and made ten payments towards the debt. If vou deny having entered into an agreement our client or having used the credit card, please confirm this in writing in order that we may seek our client's further instructions. Would you also please specify whether you deny all or just part of the above balance?
! wil! place this account on hold for a final seven day period and would be grateful for your reply within that period.

Thanks for your help.