Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I too have one of these Flexible loans.
I was paying regular instalments, this did not stop them escalating the interest rate at regular intervals.
I will be going down the CCA Route myself.
So just to sum up the process, CCA request letter sent registered delivery with enclosed £1 postal order with wording on the reverse " for cca purposes only " ?
Any advice anyone? thanks.
Write on the letter too... and photocopy the postal order (both sides)
"I have enclosed a £1 postal order which is the statutory fee for processing my request. It is not to be used for any other purpose and if you are unable to meet this request then please return the fee with a letter explaining the reason you are unable to comply."
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to a defaulted account that appears on my credit file, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
VJohn, just a quick question.
In the first paragraph of the suggested letter, it states " I require you to provide me with a true copy of the credit agreement relating to a defaulted account that appears on my credit file, together with any other documentation the Act requires you to provide. "
At the moment the account is not defaulted or appearing on my credit file.
I am just seeking a true copy of the original agreement.
Many Thanks.
VJohn, just a quick question.
In the first paragraph of the suggested letter, it states " I require you to provide me with a true copy of the credit agreement relating to a defaulted account that appears on my credit file, together with any other documentation the Act requires you to provide. "
At the moment the account is not defaulted or appearing on my credit file.
I am just seeking a true copy of the original agreement.
Many Thanks.
Just amend to suit your particular case... many of these letters are based upon templates... you need to always read through (which I can see you have done) - this will also help you understand the issues being complained about etc.
Can anyone advise please?
I have just checked the status of the delivery of the CCA request on the post office web site.
This came up : " A delivery was attempted for your item with reference xxxxxxxxxx "
What in the grand scale of things does this mean?
Apart from the obvious.
Or have cahoot set the pitbulls on the postie?
Given that delivery seems to have been attempted, as quoted on the post office website, do I still run this as per the schedule? the 12 working days then issue the default letter?
Thanks.
Hi Scott, thanks for the reply.
I sent the request to the address I have quoted having got it from the contact details on this website, should the address on the website now be rectified to save other people wasting their time?
Sorry, a few contact details don't seem to get updated as much as they maybe should, it's difficult to keep track of everything, I found that other address on a thread from this site, dated this year, so that one seems to be more up to date.
Regards.
Scott.
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Sorry, a few contact details don't seem to get updated as much as they maybe should, it's difficult to keep track of everything, I found that other address on a thread from this site, dated this year, so that one seems to be more up to date.
Regards.
Scott.
Cheers Scott, just wondering how much i need to spend before getting to the correct address.
Cheers anyway.