CCA Request not complied with

mojo1303

I have requested copies of my CCA from Lowell Financial on 15th January via Recorded Delivery. This included the relevant fee, which they acknowledged due receipt of. At that time they stated they needed more than 14 days to comply with my request. Since then no further communication received.

I understand that the debt may now be unenforceable and that they have committed an offence in not supplying the requested CCA. Who do I report them to, is it Trading Standards in Leeds where they are based or my local Trading Standards office. If any one has a standard letter template it would help.

What would be my next step.

stapeley

You could try both , but it will not help your case any .Seems TS are a waste of space on this subject.I presume you have stopped paying them anything ?

kel123_2

Hi mojo

My understanding is that because they have failed in their duty to supply a copy of the original cca within the time period as laid down in the consumer credit act the account is now in dispute. The DCA cannot chase you for the debt unless they get permission from the courts. They now have a further 30 days + postage days to investigate and find the original signed CCA - you must tell them this. After this period you have the rights to request that they remove your credit history from their books and all credit scorring agencies (experian etc). This is when the debt becomes unenforceable. But! from reading many posts, the DCA will pass the debt on, thus trying to avoid these deadlines, you donot want this to happen!!!! so when you write to them make sure you say that now this account is in disput that they must deal with by them and not passed on and that no further charges/penalties/interest can be added whilest the account is in dispute

good luck

Kel

Anyone have a different view

mojo1303

Thanks one and all, I will follow your good advice. Will post results in due course.:T

GeorgeUK

There is a followup letter you can send that is linked in this thread. If you haven't heard from them after the 14 working days, this 2nd letter stating that you will not be paying them and may be informing the FOS is sometimes enough for them to leave you alone. Did they cash your £1 postal order? If you didn't send the £1 then redo the original letter and include payment - otherwise you shouldn't be hearing from them again other than to say that the ebt is not being persued.

http://forums.moneysavingexpert.com/showthread.html?t=578486

k1mmie

GeorgeUK wrote: »

There is a followup letter you can send that is linked in this thread. If you haven't heard from them after the 14 working days, this 2nd letter stating that you will not be paying them and may be informing the FOS is sometimes enough for them to leave you alone. Did they cash your £1 postal order? If you didn't send the £1 then redo the original letter and include payment - otherwise you shouldn't be hearing from them again other than to say that the ebt is not being persued.

http://forums.moneysavingexpert.com/showthread.html?t=578486

I noticed you had dealings with lloyds. Did you deal with them direct or 1st Credit?

GeorgeUK

My debt with Lloyds was a recent CC debt and i just cleared it using 0% cards.
Never had to deal with Debt collectors myself.