Advice please

[ashmk]

My GF has some debts and we decided to CCA them for the sake of it. On replied so far, eversheds with the following letter.

Im aware that I could well indeed CCA the original finance company but im wondering what this letter means from eversheds point of view and any ideas as to what any of you pro's would do next.

 

I was under the impression they should be in possession of this paperwork to be able to legally claim this debt. We are not trying to squirm out of the debt, i just want to cause them as much stress as I can in my free time.

 

Note they also kept the £1 postal order.

 

 

[rory32]

They are trying to slope their shoulders and fob you off.

 

You could write to the OC and ask for a copy of the credit agreement, however I would be inclined to write back to Eversheds and state that under s175 of the CCA they have a legal obligation as the agent of the OC to pass on your CCA request. I would also ask them for a copy of their complaints procedure as they seem to be ignoring this legal obligation.

 

If they don't resolve your complaint you can report them to the FOS who will charge them £400 for just investigating the complaint.

[ashmk]

Thanks Rory, as always your advice is top notch.

 

Could I be a pest and ask if you know of a template to use so I can send them some love letters.

[ashmk]

You must spread some rep around before giving it to Rory32 again.

[Goldlady]

Looks to me like a standard letter where the link to the name of the 'original finance company' should have been in a mailmerge. I have sent CCA letters to several DCA's (not including eversheds) and in each case they have written back to say they have asked the original lender for the documents. Looks like serious laziness on Eversheds' part. Incidentally I have had three replies today where they regret (!!!) they can't find the agreement - that added to the two who have already replied including MBNA who have said i won't be hearing from them again I suppose you will have to contact the original lender yourself and send another pound - disgraceful!!

[ashmk]

I should mention that I added the red wording on the letter and removed the companys name.

[Curlyben]

Just a amendment to rory's excellent advice, it's actually s189 not s175.

s175 really only deals with debts where the DCA is acting as agent.

Saying that either would do nicely, so I''ll just shut up.

[ashmk]

I asked the missus and she says she does not know wheather the DCA is acting as agent or have purchased the debt. Im inclined to think agent as she only started struggling to pay it 1 year ago when it was passed on and has kept up the £1 a month payment since then.

 

Funny thing is this debt is for £7k and they accept £1 a month ... How do these people make money ??

[ashmk]

I dont want to be a pain but im not very good at wording letters.

 

Could someone give me a idea what to write with regards to the DCA saying to contact the original finance company.

 

Im aware that they should have this paperwork so I want them to know that I know they have a legal obglation to supply me with this information and for them to send it.

 

Will there 12 days still run from the first letter I sent if I send another request ?

 

Thanks for any help.

[ashmk]

Or should I just sit and wait for the 12 +2 +30 days to pass and then contact them.

[Curlyben]

I'd wait until they start demanding miney again after the additional month.

[rory32]

Or should I just sit and wait for the 12 +2 +30 days to pass and then contact them.

I agree with Ben, just give them a little rope and they will hang themselves. Your complaint always looks better when they have chased you after failing to provide an agreement.

[clutchingatstraws]

As part of the remedy of your complaint ask for your pound back.

 

I expect you clearly stated what the pound was for.

 

If they have taken it off the debt

 

http://www.opsi.gov.uk/ACTS/acts2006/ukpga_20060035_en.pdf

 

Chapter 35 Section 4

[ashmk]

OK cheers guys, we shall sit tight.

[ashmk]

My missus recieved another letter today from cabot who we also CCA'd

 

Could someone advise if this is just a standard template cabot use and should I disregard it and continue counting the days. They also returned the £1 postal order and its been added to my files incase its ever needed to make a complaint against this company, which if we can we will.

 

Has anyone else had this letter and what happened in the following weeks ?

 

 

[ashmk]

anyone ?

[rory32]

Standard template....just file it. Again you don't need to do anything until they produce an agreement.

[ashmk]

Thankyou

[ashmk]

Another thing, why have they returned the fee starting they do not accept this staturory fee.

Is this done in good faith or is this done to complicate things or try and worm out of it ?

[rory32]

Some accept it some don't, it makes no difference to their legal obligation to comply with your request.

[ashmk]

OK the nice people at Cabot replyed today.

Now im pretty sure (around 99.9%) that this is an application form and NOT and CCA.

But my missus needs her arm twisting to believe me so could someone please comment on the following scan.

Please note the clue that its an application in the bottom left.

 

Is this enforcable ?

 

There is no APR, no credit limit, the form was filled in by hand by my missus.

 

If not what is the next corse of action to take.

 

many thanks.

 

Ash.

 

 

 

Im sorry for the bad scan but believe me, I have the thing in front of me and stiull cannot read it. its a FAX by the looks of it.

[rory32]

Well if you can't read it it doesn't comply with the Act anyway. Copies have to be legible.

[ashmk]

Lets assume its an application form which im pretty sure it is. I cannot see the APR or a credit limit.

 

It says on it (which you cant see in the scan but I can make out)

If your application for this credit card is approved blah blah blah

 

So what would the next step be ? SHould we write to them stating this is not a CCA ?

 

Thanks

[ashmk]

OK would it be fair to send the letter Rory added in this post. (post 10)

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/108542-sent-application-form-instead.html?highlight=cabot+sent+application#post1051945

 

The below link is the application form I have already posted but a bit clearer (1mb size)

 

ImageShack - Hosting :: scan00161pt3.jpg

[ashmk]

Just remembered I didnt post the cover letter with this application form.

 

Notice they admit its an application.

 

Any advice on my last 3 posts will be grateful so I can get a letter sent tomrrow. Thankyou.