Hi I started a thread a couple of days ago and didnt get much of a response, "advice needed with cca", , so thought i better start a new one!!! i have cca from both the O/C and DCA, O/C sent theres first, well out of the stated time limit, the cca is dated 2004 and has a different account number to the one that Lowlifes are chasing, the O/C have just scrawled an account number on the top of the page!!! sent forged/reconstituted letter to both, recieved cca today off lowlifes wanting me to get in touch regarding payment..blah blah blahhh..as they do!!!ignoring that as was sent befor they would of recieved latest letter from me..I have statement from 2006 that states that i have a credit limit of £2900 and an AVIALABLE BALANCE of £2902 as i was in credit by £2.07......i have been updating my original thread so please take a look at that as it has more info on it!!!!! PLEASE PLEASE PLEASE can anyone advise me on this.... i have uploaded a copy for you to peruse over!!!

cca doc1.pdf

At the very top of the image is part of a web address, is this what appears on your copy, or is this due to your copying the document from an online resource?

If they have copied this from an online source, then I would say it's not a copy of your agreement, it's a 2nd generation copy, ie a copy of a copy, I know it's a pedantic point, but have you asked them if they have the original?

If the account number on the agreement is didfferent from the one they are attempting to enforce, then it doesn't really matter how enforceable this is, it's not the one they're enforcing

Hi thanks for the reply, the copy that was sent to me has the the web image at the top of the page, i asked for the original when i asked for the cca in the first letter that i sent, they did not reply in 12 + 2 so sent no response letter waitded and got that copy from them some 30 odd days later!! would it be able for them to use it against me if they can tie it in with the account number that they are chasing !!! cos the cca they've sent is a copy for an agreement that has been settled 4 years ago which can be proved by the statement i have.

There is certainly some confusion here.

If you want to be pedantic then you could send the account in dispute making sure that you quote the correct number for the account you want it for (if that makes sense) ie. Not the Account number as supplied. You need not give them the above information, just tell them you are still waiting for the information as made in your first request. In my opinion, even if they did take it any further, they have sent paperwork relevant to an unrelated account, so still in dispute , which you can prove in Court.

Hi thanks for getting back to me, I've already got the account in dispute stating the fact that it has a different account number on the cca, i also sent a copy of the statement showing credit and account number, (probably not the right thing to do at this stage, but, seen the blatent errors and seen red!!!!), just waiting reply from O/C and DCA.

Recieved letter from Lowlife today stating they are contacting O/C about account and that they have noted what i have said!!! they have not sent me a copy of their complaints procedure, as requested, in the last letter that i sent them!!! should i demand a copy??? or wait until they get back with a response from O/C, my understanding is that they have 30 days in which to give their reasons, if any, to continue persuing the disputed debt??and that they must remove all info concerned??

Perhaps you could try going via the FOS, then they might provide you with a copy of their complaints procedure (usually once they get involved in things).

and didnt get much of a response, "advice needed with cca",

I did reply to your thread, but whilst I am not expert, did point out a few things with it that were wrong.

"Cartaphilus" Please dont take it as a personal shot at you !!! your advice was noted in my other thread, I was merely suggesting that i didnt feel as though i was getting any further assistance in that thread is all !!!.

Have read many posts on here and from what i can gather is that its normally a waste of time asking fos as it takes too long for a response!!!

If the dca do not reply within the 30 day limit is there a letter template that I should send them or should i just ignore it and consider that they have deemed it unenforcable and will not process the account ???

Where are the other four pages? As it clearly states page 5 of 5.

The time limit for the CCA request is 12 working days from when they received the request, if after that time they fail to supply a true copy of an enforceable CCA then you should send them the account in dispute letter, stop payments, and sit tight for their next move.

A SAR request however has a 40 day time limit in which they must comply, failure to do so, will result in a formal complaint to the ICO for failing to provide the necessary documents within the prescribed time limit.

Thanks Bazooka Boo!!, that was the only page of the 5 that was sent apart from a letter which only stated that what they say is due and that a copy of cca as requested was attached!! I responded by sending fake/reconstituted letter template as the cca was not an original as requested and that they did not comply with a full statement of account also,all i got was the letter saying that £1.00 had been paid in the last year, £1.00 is i assume the postal order that i sent for cca request,as i have not sent or paid any monies to them.

So do you suggest a subject access request and wait for them to reply!!

I can't get a credit report as they require that I have a debit/credit card which I dont have because i cant open a bank account because of the default on my credit reference!!! any sollutions to this would be greatly appreciated...Thank's!!!

You can still get a credit report from experian by sending them £2 have a look on their website for how to do this.

Free Credit Report, Credit Rating Check & Fraud Alerts from Experian Credit Expert

As for them foolishly attempting to restart the limitation period by misapropriating your postal order payment for the CCA request toward the account, no need to worry, as this is a common tactic used by the less professional DCA's in their misguided attempts to ensure they can harass you for a little longer.

I would now ask for their complaints procedure to be sent by return of post, and exhaust it fully, the CCA request clearly states that the enclosed £1 PO is for the statutory fee for the agreement, and is not to be used against the debt.

If they continue playing silly buggers, then contact the FOS and lodge a complaint with them.

Thank's for your help in this matter...is there another cra that i can use as i am led to believe that experian are owned by shop direct who are the original creditors of the disputed account??. Any advice on how to contact fos and how to word a complaint would would be a great help also!!!, as i have already requested a copy of their complaints procedure and have not recieved one !!! Thank you again for your advice very much appreciated

our complaints procedure and how to complain

Thats for the FOS. Give them a ring and explain, they will tell you if they can help or who would be better to assist you.

As for the CRA's unfortunately they are all in the pockets of the DCA's, as they get paid money by the DCA to put adverse data on your CRF.

As for different ones, there are Call Credit, Experian, and Equifax.

Thank's for the advice and info that you have given me... i will contact fos as soon as poss' and already downloaded cra form for copy of my file (call credit). will keep updating this thread as long as dispute continues if O/C and DCA dont leave me alone!!! when people say they send "bemused" letter what is this ?? and where can i find a template for it!!!

Yeah it used to be called the bemused letter, but I believe it has been superseded by this one;

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

All the letter templates are here;

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors.html

Just bookmark the link so you can quickly access it in future.

The first link is the letter sent out when the account is in dispute due to their failure to provide an enforceable CCA or anything at all, then if, sorry, when they sell it on, that is the letter to use aswell as reporting the first DCA whom the account was in default with, to the OFT & TS via consumer direct.

Thank's for your help in this matter...is there another cra that i can use as i am led to believe that experian are owned by shop direct who are the original creditors of the disputed account??. Any advice on how to contact fos and how to word a complaint would would be a great help also!!!, as i have already requested a copy of their complaints procedure and have not recieved one !!! Thank you again for your advice very much appreciated

There is another way to get a 'free' credit report. You can get 1 report per year here;

Free Credit Report now and every year - annualcreditreport

I notice they now charge a £2.50 one-off 'setup' fee which they didn't charge when I first used it, which meant I didn't have to give them any credit card or bank details.

I haven't checked to see what payment methods are possible for the setup fee, but it might be worth you looking at the site.

Cheers

Rob

Thanks robcag !!! link very much appreciated

Thanks again "BB" links are very helpfull will keep the CAG Community updated on any outcomes of this on going dispute, with your help I'm hopefull to send these VULCHERS packing !!!!

I'm hopefull to send these VULCHERS packing !!!!

Please don't hold your breath!

Well I'm certainly not losing any sleep over the losers!!!! they can keep knock knocking away but this little piggies not playing ball... no solid proof no payment simple as!!!!

Have had still no word from lowlifes since last letter that i sent them (12th June), I have just recieved a copy of my crf today and is showing a default in lowlifes name with £154.00 added onto the original disputed debt, are they allowed to do this ??? original debt was for £514.00 as showing on crf. if an account is in dispute do they have to remove the default whilst they try to prove otherwise??? rest of my crf is in order except for this!!!!. as i said they still have not replied to my last letter asking them to state their intent,reasons and evidence i.e actual cca for the disputed amount and not one that clearly states is for an amount that has been settled and with a different account number,the 30 day response has now well passed please could someone advise on what messures to take now!!!! are lowlifes breaking any laws by still keeping the default on my file?? as the last letter i sent stated S.10 of the Data Protection act where the must now cease processing any data of the disputed account including with cra's.

Lowlifes like to sail close to the wind, however, once the account is put into dispute, then no extra charges can be added until the dispute is sorted.

The only person who can add charges is the OC, and even then these must be in line with the agreement you signed with them, a DCA cannot simply add their own mickey mouse charges and they know it, no-one has ever been taken to court for spurious charges added on by a DCA.

What you can do regarding your CRF is add a notice of correction to it, stating that the account is in dispute due to any evidence of such an account existing.

As Lowlifes are pushing their pulheems (sorry Military term:D) a complaint to the ICO about them contravening the data protection act in their continuance to process your data without a CCA should 'hopefully' get them a fine of up to £500,000, we can but try!

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/254802-no-cca-processing-your.html

BB how do I go about adding a notice of correction to my crf?? and how would i word a complaint to the Information Commissioner's Office, I'm not the very brightest of people lol!!!,I've been using templates from this site to help my cause, which so far have been very helpful!!!

Thank you very much for the advice you have so far gave me !! !!

I have came up with this to send to Lowlifes as ICO states i must contact them to let them know what i intend to do if they can't resolve it!!!!

Dear Sirs,

Account No: ********

Having recieved a copy of my credit file today I was duly dismayed at the fact that you are still processing the data held on this account, my file shows that you still have a default in force on my file.

I stated in my last correspondence to you, on the **/**/****, S.10 of the Data Protection Act......

You may also consider this letter as a statutory notice under s.10 of the Data Protection Act 1998 to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

......You will leave me with no other option than to report you to the relevent authorities if this is not resolved with immediate effect, you are clearly in breach of guide lines set out by the regulatory authorities, I am sure you are well aware of the implications and penalties that could ensue if I do not get satisfactory action on this matter.

I have been patient in waiting for a response in regard to my last letter to your company, which clearly stated that if you did not respond within 30 days I expect that you agree to remove such Data.

I remind you that a creditor is not permitted to take ANY action against an account whilst it remains in dispute? The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit unless you contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

In light of the above, I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 7 days.

Yours faithfully

Anyadvice on if this is suffice enough would be gratefully recieved .

That is the usual letter, but unfortunately, they mostly ignore it, saying that they have the right because of the signed Agreement (thats' right, the one they cannot produce!)

A few caggers have had success in getting their files corrected, but it is very hard work, up to the point in some cases of taking Court Action.