Wrong CCA

[majorclanger100]

Hi I'd appreciate some advice about the following please.

We CCA'd Aktiv Kapital, who are acting for Time Retail Finance, and they've sent a copy of the CCA. However it is the wrong one and clearly not the agreement the debt is based on (it relates to a debt long paid off my wife had with her ex-husband).

We are going to write to Aktiv and notify them of this, but is the 12 + 2 days and 40 day limit still running from the original CCA request? I'll add a few days to allow for the time it takes us to notify Aktiv, in order to be generous.....

[grobbo24]

Hi, Yes the time limits run from the original CCA request, don't bother being generous by giving them more time to comply, they wouldn't do it if the shoe was on the other foot would they!

Just send them a letter pointing out the fact they have sent a CCA that is not linked to the debt and that they have still not complied with your original request.

If this is the only document they can supply then it would look like you are home and dry with this one, keep us posted on what happens.

[majorclanger100]

Thanks Grobbo.

Yes you're right why should I give the b*****s more time! As you say, they certainly wouldn't do the same for us....

I'll keep you posted

[shieldblaster]

The time limit for them to comply with a CCA is 30 days. Subject Access Request is 40 days

[Jeff2000]

Originally Posted by grobbo24

Hi, Yes the time limits run from the original CCA request, don't bother being generous by giving them more time to comply, they wouldn't do it if the shoe was on the other foot would they!

Just send them a letter pointing out the fact they have sent a CCA that is not linked to the debt and that they have still not complied with your original request.

If this is the only document they can supply then it would look like you are home and dry with this one, keep us posted on what happens.

Hello majorclanger,

I would wait until they have committed the offence (12 days + 1 month) before writing to them.

Then report them to Trading Standards as well!


Best wishes, Jeff.

[majorclanger100]

Sorry Shieldblaster - just me getting confused with the time limits (and I'm easily confused ).

Thanks for the advice Jeff - they're now outside the 12 + 2 days so a nice little letter will be on the way later today - and to Trading Standards!

I've just had a response from Capquest to a CCA, which is also outside the 12 + 2 time limit, with the agreement attached to a 'pay up or else' letter. Am I right in thinking that because they didn't respond in time they'd have to go to court to enforce the debt now?

[debt_mountain]

After the 12 days they are in default and cannot chase the debt, once the 1 month has passed they have to go to court to get it ordered.

[diskmandave]

Originally Posted by majorclanger100

I've just had a response from Capquest to a CCA, which is also outside the 12 + 2 time limit, with the agreement attached to a 'pay up or else' letter. Am I right in thinking that because they didn't respond in time they'd have to go to court to enforce the debt now?

If they've provided an acceptable copy of the agreement a court will enforce it and you'll be left with a CCJ and costs and..............

The only thing about being outside the 12+2 and before the 12+2+30 is that whilst not complying they are not legally entitled to enforce it.

Even if they comply after the offence and the agreement is legally acceptable a court will probably grant the Judgement. Committing the offence is dealt with by Trading Standards, a County Court Judge has no jurisdiction over a criminal matter.

Regards, Dave.

[Jeff2000]

Originally Posted by majorclanger100

Sorry Shieldblaster - just me getting confused with the time limits (and I'm easily confused ).

Thanks for the advice Jeff - they're now outside the 12 + 2 days so a nice little letter will be on the way later today - and to Trading Standards!

I've just had a response from Capquest to a CCA, which is also outside the 12 + 2 time limit, with the agreement attached to a 'pay up or else' letter. Am I right in thinking that because they didn't respond in time they'd have to go to court to enforce the debt now?

Hello majorclanger,


If you have access to a scanner, can you scan and post your "alleged" agreement from Capquest?

Folks here will then be able to advise as to whether they think it is kosher or not!


Regards, Jeff.

[majorclanger100]

Hi Jeff,

Thanks for the advice - here's the scan of the 'CCA' from Capquest for Capital One. I don't think it's kosher because although my address and signature are on it there's no T & Cs (other than Data Protection Act ones), no APR, etc. That's just in my humble opinion though!

What do you experts think?

Many thanks.

[majorclanger100]

P.S. This is all I got - there's nothing on the back! Any ideas you lot?!!!

[Jeff2000]

Hi,


I don't see any prescribed terms!

Does anybody else?


Jeff.

[diskmandave]

Exactly the same as I got! See my thread.

http://www.consumeractiongroup.co.uk...al-capone.html

Regards, Dave.

[majorclanger100]

Good isn't it?!!!

Thanks Dave - just had a look at your thread and it is the same old rubbish as you got (let's hope that CapOne haven't kept any proper CCAs!). I'm going to write to them and say what they've sent isn't a proper CCA, but leave it at that. Then they can default.

[diskmandave]

You're too nice for your own good! You should be writing to Trading Standards now so that they get a nice letter from THEM just as they default, not doing their job for them!! See your own post #3 !

Good luck, regards, Dave.

[majorclanger100]

Hi Dave, yes all right perhaps I am being a bit soft on them !!!

I will write to TS with a complaint but thought I'd better also send a letter to capquest notifying them of the breach just in case it ever comes to court - makes me look reasonable. What do you think, or is that still being too nice?!

Thanks