Section 189 of the CCA

jimbobc_2

Hi, I am looking for some clarification regarding Section 189 of the Consumer Credit Act. I recently requested a copy of an agreement from a company called Apex Credit Management. The request was sent recorded delivery, with a £1.00 Postal Order.

3 days after the request they wrote back to me, returned the postal order and said I would have to request the documents from their client. I was about to write back to them quoting Section 189, but I am a bit puzzled. If they are just a debt collection company working on behalf of my creditor, does this section of the act actually apply to Apex, as I am unsure if they are classed as a creditor?

Can anyone clarify this, as I don't want to write to them and look like a total idiot.

Hope someone can help - James.

fermi

If they are only acting on behalf of the original creditor, then they are their "agent".

That means they are covered under s175 of the CCA74.

175. Duty of persons deemed to be agents.

175.Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

rog2

Fermi, as ever, is quite correct. In layman's terms it does not matter whether 'Apex' are the original creditor or not. they are still legally obliged to provide you with a true copy of the original cca within the legally prescribed time period.

Unless they do so, then they can not enforce the agreement without permission from the Courts, who will not look very favourably on them once they have been advised that you have requested the cca, yet Apex have not provided it.

jimbobc_2

Thank you very much for your quick replies, I will post the letter to them this afternoon and see what happens, no doubt I will be fobbed off again.

jimbobc_2

As I suspected the DCA have written back. They have sent a list which is basically a breakdown of who said or did what on a certain day. I have no idea why they have sent that, as it is just totally pointless. Also in the letter they have again said that I need to contact the their client directly.

Now there is a distinct trend here as this is what seems to be happening to many people, is it a case of us all being fobbed of by the DCA's?

Where would we as a group be able to get a definitive answer, does anyone know a friendly Judge who could clarify things?

kel123_2

IMHO a Judge is like your happy butcher, while your laughing with him you haven't noticed his thumb on the scales!

Let them fob you off - the clock started ticking the day after they received your initial request. Wait 12 working days + two to allow for postage incase they sent it at the last moment, Then you are entitled to stop paying! if they have not supplied it by the 12 working days + 30 calender days they are commiting an offence (I haven't read of anyone being charged) after this point if they find It, it can only be enforced by a court of law. BUT if they find it and it is correct then only a fool will allow it to go to court because it's a near 100%er that it will be enforced and you give them oportunity to get other measures.

rog2

jimbobc wrote: »

As I suspected the DCA have written back. They have sent a list which is basically a breakdown of who said or did what on a certain day. I have no idea why they have sent that, as it is just totally pointless. Also in the letter they have again said that I need to contact the their client directly.

Hi jb - I have sent you a pm. I have, also, been looking at another thread, where another poster, NW-ANGEL, is having a similar problem with the dreaded 'Moorcroft' :eek: .
I suggest, strongly, that you send the dca in question a copy of the letter (amended to suit your circumstances) that you will find in the following link:

http://forums.moneysavingexpert.com/showthread.html?p=12231889

rog2