Good afternoon all,

I am in need of some help with a situation that has arisen and im hoping that there is someone out there who will be able to help.

I followed the usual procedure in relation to a debt originally from Quick Quid. I sent them a CCA request on the 8th September 2009 and they responded on 28th October 2009 with a copy of the agreement.

I wrote back to them thinking I had it sown up as they had admitted recieving my request and they had obviousbly returned the CCA too late, so I wrote them the standard get lost / please stop processing my data letter.

They have now responded with the letter below and I am unsure of what to do next:

**************************************************

I refer to the above stated matter and your letter dated 12th November 2009.

(The standard template saying they have taken too long / CCA not valid / stop processing data etc)

I note you have confirmed receipt of the copy agreement in relation to the outstanding balance detailed above. (£462)

Please find below statement of account as required by the act:

(a) the total sum paid under the agreement by the debtor: £0.00

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid and the various amounts comprimised in that total sum with the date when each became due: £462

© the total sum which is to become payable under the agreement by the debtor and the various amounts compremised in that total sum with the date or mode of determining the date when each becomes due: £462

In your letter you have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act.

We are of the opinion your request under the Consumer Credit Act has now been discharged. accordingley we await receipt of a proposal to clear the outstanding balance within 7 days

***************************************************

Could anyone please advise on how I should respond?

I have had a look but cant seem to find anything at this stage on the site.

Many thanks in advance

s4ddy

It looks like they have sent you a statement of account, is there any way you can scan it and post it on here?? Removing all ID marks, names, bar codes etc..

That way then people can have a proper look at it and give you better advise.

Did you send them the CCA request template from this site??

If so, and they still haven't sent the CCA did you send the Out of Time template:http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

If so, and just having another read of your post, you can legally withhold all payments to them until such time as they do provide a 'legall' valid agreement, and that is a statement of account they have sent you, as they state that at the beginning, they are required to send you this either annually or bi-annually?

So the failure to provide response is the required response, and if that has already been sent, the account is in dispute and they should not continue further collection activity until they do.

Hiya,

There was nothing else attached with the letter. I am assuming they meant when they outlined what is owed on the account in the letter under (a), (b) and ©.

I have sent the out of time template, this letter was in response to that and im assuming there defence was

In your letter you have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act.

Thats why I was looking for further advice.

regards

s4ddy

Can anyone help?

Hi,

Are you saying you think something should be done because they did not comply with your CCA request within the 12+2 days ?

Regards.

Scott.

I followed the usual procedure in relation to a debt originally from Quick Quid. I sent them a CCA request on the 8th September 2009 and they responded on 28th October 2009 with a copy of the agreement.

 

I wrote back to them thinking I had it sown up as they had admitted recieving my request and they had obviousbly returned the CCA too late, so I wrote them the standard get lost / please stop processing my data letter.

The fact that they sent the CCA late doesn't make the agreement unenforceable, it just meant that they could not pursue the debt until they did provide it.

I sent them a CCA request on the 8th September 2009 and they responded on 28th October 2009 with a copy of the agreement.

 

I wrote back to them thinking I had it sown up as they had admitted recieving my request and they had obviousbly returned the CCA too late, so I wrote them the standard get lost / please stop processing my data letter.

 

They have now responded with the letter below and I am unsure of what to do next:

 

**************************************************

I refer to the above stated matter and your letter dated 12th November 2009.

 

(The standard template saying they have taken too long / CCA not valid / stop processing data etc)

 

I note you have confirmed receipt of the copy agreement in relation to the outstanding balance detailed above. (£462)

 

Please find below statement of account as required by the act:

 

(a) the total sum paid under the agreement by the debtor: £0.00

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid and the various amounts comprimised in that total sum with the date when each became due: £462

© the total sum which is to become payable under the agreement by the debtor and the various amounts compremised in that total sum with the date or mode of determining the date when each becomes due: £462

 

In your letter you have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act.

 

We are of the opinion your request under the Consumer Credit Act has now been discharged. accordingley we await receipt of a proposal to clear the outstanding balance within 7 days

***************************************************

 

Could anyone please advise on how I should respond?

 

I have had a look but cant seem to find anything at this stage on the site.

 

Many thanks in advance

 

s4ddy

OK so where is the CCA they sent you?? The above is only a statement of account, not a CCA.

My girlfriend threw it out! From what I can remember there were about 5 different agreements, one from each loan I had with them, they all had on apr, term etc.

Sorry I know I am useless!

My girlfriend threw it out! From what I can remember there were about 5 different agreements, one from each loan I had with them, they all had on apr, term etc.

 

Sorry I know I am useless!

wait for 28 days from the original s78 request then make another

recorded delivery one pound postal order and note that it is your second request and nothing was received from them on the first request other than the statement of account

keep copies of everything

clip your girlfriend round the ear

Can I do that dicky even though they know I have already received one?

Also what does the statement below mean:

In your letter you have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act.

Cheers

yes, so long as there is a 28 day gap- if they KNOW you received it then tell them it has been mislaid by a third party who was advising you and you require another copy