No CCA - what next?

Tinkles

I requested my CCA on February and to date have still not received it. although the last communication I had from the DCA was just before the 30 days was up saying that the CCA would be with me 'shortly' as they had to obtain it from the original creditor; this was well over a month ago and I have still heard nothing.

What happens next? I have a default notice but it is listed under the original creditor and not the DCA - can I get this removed and if so who do I approach?

RAS

Weller special below

Hi
Unfortunatly there is nothing you can do until the 12+2+30 days have expired but they cannot chase you for the debt until they provide the CCA )if they can). When the above timescale is up send them this letter (will need ammending with your dates etc) and you can them report them to the relevant bodies, of course, if they do supply the CCA at any time in teh future they can still enforce the debt but by reporting them (or threatening to) they might write the debt off as they stand to be fined £2500 for not supplying you with the CCA.

refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

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 {enter date} 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 {debt agency name} 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 {enter date} and {enter date} 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 {enter offence date} 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 {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. 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 {debt agency name} 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.

Send that off and report them to trading standards and the OFT.

Tinkles

Thanks; the 12+2+30 days were up about a month ago so really would like to try and push for a conclusion - if I can get them to write the debt off will it be taken off my file or do I have to wait for 6 years?!

stapeley

Afraid the debt does not go away . Its just unenforceable . So yes on file for six years .

stapeley

Other will argue that a refund is possiable but I think you would need to be a legal eagle to win money back! First step is to get the DCA TO CONFIRM THEY DO NOT HAVE A ENFORCEABLE CCA .

RAS

tinkles

Get that letter out to them and do the complaints to TS and the OFT. effectively, although it is not written off, they cannot chase you for it, legally.

If they contact you again, then you can complain mega time.

You might have been able to get a default marked up by the DCA shifted if you pushed it, but it is unlikely that the original creditor will be removed. Weller has acheived this but it was aslog and only once they anticpated that she would get a court order against them.

Tinkles

Thanks - I've already sent a similar letter to them about a month ago - it gave them 14 days to respond and I've heard nothing!

I've just written to them again and will get the complaints sorted!