CCA Next step after 12+2+30 days

Bluerover

I sent a leter to Link financial, Recorded Delivery 23.2.08 requesting CCA, rececived two replies from them one introducing Link Financial - (which is uncannily true as until requesting my Credit file and seeing the default I had never heard of them :eek: ) and another letter which reads "You have recently made a request under section 77/78 for copies of various documents. Then going on to say I was aware of them and that they do not hold the document but will request it but this could take 30 days. Also that no adminstration charge has been applied to the account at this time, therefore any payment made with your request has been applied to reduce the outstanding debt.:eek: "

However I ignored this 2nd letter and replied with the 12+2 day letter, also Recorded delivery.

However the letters came from different addresses. So on sending the 12+2+30 day letter I replied to both addresses with copies of both previous letters.

Nothing has happened since then the letters were sent recorded delivery 8.4.08......what happens next.........what do I do please.

fermi

If they make any demand for payment without supplying the CCA, then you report them to Trading Standards and the OFT.

They've technically committed an offence now, but it's probably only worth pursuing that if you get any more hassle from them.

Bluerover

thanks do they have to remove the default though? or does that stay without any proof of the debt?

rog2

Bluerover wrote: »

thanks do they have to remove the default though? or does that stay without any proof of the debt?

YES they must remove the default, as per the terms outlined in the 12+2+30 letter. If they do NOT do so, within a reasonable time-scale, then you should report them to a. Trading Standards and b. The Information Commissioners Office.

fermi

Just a note, while it is true that some creditors/DCAs will remove the default if you push hard enough, at the moment the Information Commissioner does not appear to to be upholding complaints on the grounds of a agreement not being produced.

I'm not saying it isn't worth trying or even incorrect, but complaining through the official channels doesn't seem to be getting people very far at the moment. I would love people to prove that wrong by starting a new trend though.

Bluerover

Right well my letter gave them 14 days so I will wait and see. So is there another letter................

mallard

Have been through the same with Link financial and they will keep on regardless either by phone or letter. They seem to ignore everything that is sent to them and just respond with their standard letters etc. Anyways they are now months out of time and even when they did send me something it wasnt the correct form. So have raised it Trading Standards and they are going to 'investigate' it and also see if any other TS offices have had similar complaints. Also notified the OFT but nothing back as yet as they seem not to deal with independent cases. Either way it is worth bringing up with TS as the more pressure the better if they do not abide by the law. Also just in case you have missed previous posts avoid phone contact with them and dont sign letters!

Good luck

fermi

mallard wrote: »

Also notified the OFT but nothing back as yet as they seem not to deal with independent cases.

The OFT will not take action on an individual complaint. However they will take account of a valid complaint if/when the review the companies fitness to hold a Consumer Credit License.

So while you aren't going to get any "redress" from the OFT, it's still important to put in a complaint to them.

mallard

In between messages have been in touch with Walsall TS who are following this up and have discussed it with OFT. So if you report the issues to your local TS it might be worth mentioning that Walsall are investigating the same thing (and then presumably many other TSs although not Lambeth where Link is based). More cases the better i guess?

Bluerover

Thanks very much and you are right they do appear to carry on regardless of hat you say in any letters. Just sending out standard letters.

I will report them to B'ham trading standards and the OFT.

Just wondered do I have to inform them I am doing this?

rog2

Bluerover wrote: »

I will report them to B'ham trading standards and the OFT.

Just wondered do I have to inform them I am doing this?

No need to inform them, BR - Hopefully they will find out from Trading Standards/OFT.