Cca Requests Updates Please

stapeley

Do not ring them , conduct everything by letter only . Request a notice of assignment , this will tell you if the DCA have purchased the account or acting as agents . It is worth requesting a CCA they may have lost it !

COOKIEWILLOW

THanks, it states on the yellow card i received "our clients Lloyds", so i am assuming they are acting on behalf of them. Cant understand as Lloyds sent me a I & E form to complete which I did and returned with two cheques for £20 which they cashed, so i thought they had accepted the amount i had left at bottom of form (used the National debtline one), but next thing is this card through my door! What is a notice of assignment?

fermi

If a DCA buys (is "assigned") a debt instead of acting on behalf of the original creditor, then under the Law of Property Act you must be served with a "notice of assignment". If that has not been done then the DCA has no right to collect the debt.

If the DCA is simply acting as the "agent" of the creditor then they don't need to, but it should be clear that they are only collecting on their behalf.

COOKIEWILLOW

yellow card says. "Our client has informed us that under their terms and conditions, as Formal Demand has been made, payment of the full outstandingbalance must be made immediately. Should you needto discuss your account please urgently call MR A GALLAGHER. Received 24th card dated 15th!!!!!

fermi

Sounds as they are acting for the creditor at the moment then.

As you say, if the debts are less than 3 years old there is a fair chance that they will get the CCA. May still be worth trying though.

Were any taken out later than April 2007? An agreement made later than that is not always unenforceable without an agreement being produced.

COOKIEWILLOW

fermi wrote: »

Sounds as they are acting for the creditor at the moment then.

As you say, if the debts are less than 3 years old there is a fair chance that they will get the CCA. May still be worth trying though.

Were any taken out later than April 2007? An agreement made later than that is not always unenforceable without an agreement being produced.

One before and i THINK one actually in April 07. So contact them then?

fermi

Up to you really.

With ones that recent I'm always in two minds as to whether it is worth the hassle.

COOKIEWILLOW

fermi wrote: »

Up to you really.

With ones that recent I'm always in two minds as to whether it is worth the hassle.

Exactly, i am too. Cant see Allied accepting my I and E forms plus my monthly offer as Lloyds didnt. So will bite bullet and ring them after. If they dont accept do they then take me to court?

fermi

It's not really possible to say 'if' or 'when' a creditor or DCA will progress things to court.

Sometimes they seem to string it out forever pushing for larger payments, while in other cases they go for a CCJ quickly. Alternatively the creditor may actually sell the debt on rather than do that, and the whole process starts again.:rolleyes:

Most of the time you just have to play it as it comes.

frazzmunch

sent cca letter to cabot on 22nd...received a letter stating they have requested from oc and sent my £1 back...also increased the amount i owed from just under 5k in april 08 to just under 8k now!!

called them and they stated that they have included the interest which would be added if i miss any payments...if none are missed they would write the interest off....slightly concerned now that if the cca is not produced within time frame and i stop payments, then it is found later i will have increased my debt by a substantial amount....

advice please

a very worried frazzmunch!! :eek: