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Help - CCA Response from DCA.......what now?!
Confused_Newbie
Posts: 107 Forumite
Ok came home from work today to a letter from Apex (had requested copy of CCA from them) Basically the letter says -
I am writing concerning your letter received 6 June 08, the contents of which have been noted.
Please contact our client direct for a copy of your credit agreement. I have enclosed your £1.00 postal order received for this data.
Now what do I do? I have since found out that Apex are acting on behalf of Northern Bank (OC) and that they have now put the account on hold for 14 days. But if I request a copy of the CCA from Northern they have 12 working days to reply and Apex have only placed the account on hold for 14 days?!
Please please can anyone offer any advice?
CN
I am writing concerning your letter received 6 June 08, the contents of which have been noted.
Please contact our client direct for a copy of your credit agreement. I have enclosed your £1.00 postal order received for this data.
Now what do I do? I have since found out that Apex are acting on behalf of Northern Bank (OC) and that they have now put the account on hold for 14 days. But if I request a copy of the CCA from Northern they have 12 working days to reply and Apex have only placed the account on hold for 14 days?!
Please please can anyone offer any advice?
CN
June £10 A Day Challenge - £0/£150.00
June Grocery Challenge - £57.47/£200.00
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Comments
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Please can anyone help me?June £10 A Day Challenge - £0/£150.00June Grocery Challenge - £57.47/£200.000
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The DCA are acting as agents for the OC ,and as such are bound by the condition of the CC ACT. You could point this out to them .0
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Until you receive your CCA, your a/c remains in dispute.Confused_Newbie wrote: »Please please can anyone offer any advice?
CN
If anyone other than the OC contacts you, just inform them your a/c is in dispute.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Yup - just because Apex don't have a copy of the CCA to give you does not mean they can ignore the request. If they get back in touch with you after the 12 working days have passed, you can send the next letter as the debt will be in dispute and they will be in breach of the Consumer Credit Act.After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
Ok so in simple terms for me. Apex cannot chase this debt?! Do I need to send the CCA request to Northern (OC)??
CN xoxoxJune £10 A Day Challenge - £0/£150.00June Grocery Challenge - £57.47/£200.000 -
Confused_Newbie wrote: »Ok so in simple terms for me. Apex cannot chase this debt?!
Once they have failed to supply the CCA within the 12 + 2 days, then no they can't (or shouldn't).
As stated by the others. They have a duty to comply with the CCA request. If they do not have the CCA, then they must contact Northern to get it.
They are trying to fob you off, hoping that you are unaware of the correct law here. :mad:Confused_Newbie wrote: »Do I need to send the CCA request to Northern (OC)??
You shouldn't need to (for the reasons above). But depending on how this goes, it's something you may have to do.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Thank you so much for your advice. Should I send anything back to Apex or just wait and see what happens?June £10 A Day Challenge - £0/£150.00June Grocery Challenge - £57.47/£200.000
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Confused_Newbie wrote: »Thank you so much for your advice. Should I send anything back to Apex or just wait and see what happens?
I would send them a letter something like this one after the 12 days are up.
http://forums.moneysavingexpert.com/showpost.html?p=11660785&postcount=12
That will show that you are not taking any notice of them trying to get out of their obligations.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Will this still apply even though Apex are collecting on behalf of Northern?June £10 A Day Challenge - £0/£150.00June Grocery Challenge - £57.47/£200.000
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Confused_Newbie wrote: »Will this still apply even though Apex are collecting on behalf of Northern?
Yes......................................................Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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