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Old 10th July 2008, 12:27   #1 (permalink)
animal_lover
Gold Account Customer
Default No reply to CCA request

On the 16th June i sent off several CCA request but i've only had a reply from two.
Does that mean as now it's past the 14 days that they have to remove it or do i have to send another letter. I know they have recieved them as i sent them all recorded delivery
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Old 10th July 2008, 12:39   #2 (permalink)
PGH7447
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Default Re: No reply to CCA request

Quote:
Originally Posted by animal_lover View Post
On the 16th June i sent off several CCA request but i've only had a reply from two.
Does that mean as now it's past the 14 days that they have to remove it (Dont Understand)or do i have to send another letter. I know they have recieved them as i sent them all recorded delivery
If they have failed to produce within the 12+2 days then the account is in dispute and you can if you wish withold payment, after another 30 days then the DCA or whoever you sent the CCA to has commited an offence and you can report them

I akways advise to keep quiet, these companies know the rules so why enlighted them, just wait
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Old 10th July 2008, 13:01   #3 (permalink)
animal_lover
Gold Account Customer
Default Re: No reply to CCA request

Quote:
On the 16th June i sent off several CCA request but i've only had a reply from two.
Does that mean as now it's past the 14 days that they have to remove it (Dont Understand)or do i have to send another letter. I know they have recieved them as i sent them all recorded delivery


Sorry I meant to put do they have to remove the default.

I'll leave it then till 30 days from the 2nd July

Thanks
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Old 7th August 2008, 16:44   #4 (permalink)
animal_lover
Gold Account Customer
Default Re: No reply to CCA request

I just wanted to update. There are only 3 days left of the 30 since the account went into dispute. And i have had about 5 replies back out of thirteen and even some of the ones i have recieved haven't provided what i've asked for. I just wanted advise on what my next move should be so i can prepare it for after the deadline has passed.
Thanks
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Old 10th August 2008, 16:04   #5 (permalink)
animal_lover
Gold Account Customer
Default Re: No reply to CCA request

Bump - the 12+4 and then 30 days are up today, any advice on what i should do now, Thanks
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Old 10th August 2008, 16:24   #6 (permalink)
maroondevo52
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Default Re: No reply to CCA request

Hi, Animal_lover.

The 30 days bit, now does not apply, it was changed earlier this year.
With the CCA requests, it depends on what your trying to achieve.

I sent two about four months ago, all I've had back are the usual ' we can't find it, but will ' maybe when hell freeze's over letters.

The good thing is, all the phone calls and Red final warning letters, have now stopped.

I'm just glad of the peace and quite

No CCA, No enforceable debt, I think the point of asking for the CCA is to try and get the debt returned to the Origional Creditor, then you can sort it out with them, rather than some DCA.

The thing about the Default, don't think no CCA means instant Default removal. If the defaulted amount was made up of charges, then you have a case for Default removal.

Have you sent a Subject Access Request to your Origional Creditors to see if you can re-claim any charges, thus reduce the debt, if they happen to come up with an enforcable CCA.

There is a letter you could send..............


Formal Complaint no CCA

Formal Complaint

Dear Sir/Madam,

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.
You have failed to comply with request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.
* may not add further interest or any charges to the account.
* may not pass the account to a third party.
* may not register any information in respect of the account with any credit reference agency.
* may not issue a default notice related to the account.

Therefore this account has become unenforceable at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.


Regards.

Scott.
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Old 10th August 2008, 16:56   #7 (permalink)
animal_lover
Gold Account Customer
Default Re: No reply to CCA request

My Origional aim was to see if i could get my default removed, the companies i have sent it too and it was about 13 of them only about 5 or 6 have replied and some of them haven't been for what it said in the letter. I'm already reclaiming my charges and on a few of them it is mostly charges. also on a couple of them i am awaiting my S.A.R's. I'm currently trying to get my New Look one removed as they replied saying they couldn't find my agreement so there doing an investigation that seems to be taken ages.
I've sent the above letter to Vanqis as all they did was credit it too my account that hasn't been used for over two years. hopefully i'll get somewhere soon.
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Old 10th August 2008, 16:57   #8 (permalink)
maroondevo52
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Default Re: No reply to CCA request

Good luck with that

Regards.

Scott.
__________________
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.
Help keep it up and active, helping people like you.

Bank of Scotland ( Business Account ) Small Claim.
Total: £1,027.70 Settled in Full.(October 2006)

Capital One Bank (Europe) plc Summary Cause Claim.
Total : £1,111,94: Settled in Full. (February 2007)

Bank of Scotland (Business Account) Summary Cause.
Total: £1,051.60. Settled in Full (April 2007)

Bank of Scotland (Business Account) FOS Claim.
Total: £4,945.00. Settled in Full (March 2008.
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Old 10th August 2008, 20:18   #9 (permalink)
animal_lover
Gold Account Customer
Default Re: No reply to CCA request

Thanks. they have been a while with it now my guess is there desperately trying to find my agreement and couldn't be bothered when i sent my CCA request
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Old 29th September 2008, 02:55   #10 (permalink)
animal_lover
Gold Account Customer
Default Re: No reply to CCA request

Hi, I sent the above letter to all my creditors that didn't reply to my origional request and they have ignored this letter aswell. What can i do know as obviously they don't have my agreement or Default Notice which is the main reason for me sending the CCA request in the first place for most of them.

Any advice would be great,

Thanks AL
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