Sent letter already to Debt collector can I still send for CCA?

MichelleM

A bit worried now, will this comment in a letter I sent affect me recieving a CCA or being able to go down this route as I have basically said the debt is mine?:

the woman I spoke to suggested I wrote you a letter to inform you of the current situation. She also suggested that I send you a list of my incomings and expenditure, in the hope that you will take these into consideration when dealing with my case. I want to make it clear that I do want to pay the debt on this account... I would like to ask you to consider monthly payments of £85 towards the outstanding balance.

10past6

Have you acknowledged the debt, if so, what reason have you requested a CCA?

LilacPixie

Requesting a CCA is a right we all have. what you have written will not affect the companies obligations to provide you with one.

What do you hope to acheive by requesting a CCA??

10past6

Michelle

If you request your CCA, this puts your a/c into dispute.

The Creditor / DCA has 12+2+30 to comply, (they are breaking guidelines if the pass each stage)

If for whatever reason your CCA cannot be produced, this means the debt is UNENFORCEABLE, chances are, they will refer the a/c back to the OC (Original Creditor)

This does not mean you don't owe the money, just they cannot enforce the debt, if you wish to still pay, you can pay on YOUR TERMS, and not theirs.

MichelleM

I did ask this in my original posts but was still advised to get the CCA. If they cannot provide it, I would like to hope that the account will get passed to another company that aren't bullies and liars. Furthmore, the account is with AIC who are well known for not having the CCA. Please see my original post as I have been having HUGE problems with them:http://forums.moneysavingexpert.com/showthread.html?t=971567If anyone else out there could give me further advice?

10past6

Michelle

MichelleM wrote: »

the account is with AIC who are well known for not having the CCA.

It's as simple as this, if NO CCA can be produced, then the debt is unenforceable, they cannot chase you for it, without having the correct documentation.

Never speak to them on the phone, request confirmation from them NO CCA can be produced.

If NO CCA can be produced, 1 of 2 things will happen, either they will return the debt back to the OC, or they will sell it on.

If you feel they are breaking any guidelines, you MUST WRITE TO THEM USING THEIR COMPLAINTS PROCEDURE, you cannot make an official complaint to any independent body, until you've exhausted their own complaints procedure.

NUFCnutter

Another quick question on this. If you send a CCA request to the DCA and they send the debt back to the OC what happens then? Can the OC then pass it on to another DCA or can you ask the OC for a CCA?

stapeley

Even if they are acting on behalf of the OC , they SHOULD under the terms of the CC ACT, supply the CCA . The case is ,IN MAY CASES,they can not be bothered with the hassle and just send account back to OC . They only get paid a fee for results . The OC should then supply the CCA . It may be well worth just sending a further request direct to OC .

kel123_2

A common missunderstaning is that by asking for a copy of your Credit Agreement you are putting the account in dispute, this is not true; the account goes in dispute if they do not supply your Credit Agreement within 12 working days. To be on the safe side a further two days UK Postage is added to allow them the privalage of posting on the 12th working day.

After the 12 wd + 2 there is then a difference of opinion 1) you have to write to them saying that they have failed in their obligations to supply your Credit Agreement hence putting the account in dispute and 2) no need to write because the account automatically is in dispute.

If they do not supply your Credit Agreement at this stage you have the legal right to stop paying

It is your legal write to request a true executed copy of your agreement at any time. And it is their obligation within legislation to supply it. You only need to send the request once! Some DCA's will try and circumvent by returning it to the OC before the 12 working days but the request still stands and a suggested latter to them reminding them that their obligation still stands as of the xx/xx/xxx and was delivered and signed for?

Kel

MichelleM

I did realise that sending for a CCA does not mean the debt is written off, the thing is, we do want to pay the debt off but AIC wont let us! They are also breaking some of the TS rules about debt collection. I though it would be wise to check if they have the CCA as they are notorious for not producing it! I think we would get much further if we were referred back to Natwest or another DCA. Also, I have read quite a few cases that have shown that AIC often bring up past debts or trick people into paying back money that they already have done.

NUFCnutter

kel123 wrote: »

A common missunderstaning is that by asking for a copy of your Credit Agreement you are putting the account in dispute, this is not true; the account goes in dispute if they do not supply your Credit Agreement within 12 working days. To be on the safe side a further two days UK Postage is added to allow them the privalage of posting on the 12th working day.

After the 12 wd + 2 there is then a difference of opinion 1) you have to write to them saying that they have failed in their obligations to supply your Credit Agreement hence putting the account in dispute and 2) no need to write because the account automatically is in dispute.

If they do not supply your Credit Agreement at this stage you have the legal right to stop paying

It is your legal write to request a true executed copy of your agreement at any time. And it is their obligation within legislation to supply it. You only need to send the request once! Some DCA's will try and circumvent by returning it to the OC before the 12 working days but the request still stands and a suggested latter to them reminding them that their obligation still stands as of the xx/xx/xxx and was delivered and signed for?

Kel

I also wish to pay off my debts. I sent my letter recorded delivery on saturday so they should get it today. So do I count today as day 1 (out of the 12 + 2)? Is there a standard letter for the second letter if they do not reply. The letter was sent to NDR (a branch of Littlewoods catalogue), who I believe do not have a brilliant track record with sending back CCA's. What if they just send my postal order back? What would that imply?