Hi again Received another reply after a request for a CCA - it just states that they have the CCA and can I confirm my address details for a certain period of time. Asks me to reply as a matter of urgency. Now the debt is mine but unsure whether it was just an application form so am at a bit of a loss what to do next. They haven't sent the CCA, don't understand this as its what I requested. Again any advice much appreciated. The DCA is Actik Kapital (sp?) if that helps. Should I just wait for them to get in touch again? Thank you

You're a star Just to check though, sorry , is non-compliance 12+2 days or 12+2+30?

Right so I send the letter you suggested to the DCA that has sent an unreadable copy of an alleged (see I am getting the hang of this ) CCA. The second one, which isn't the same DCA, I just ignore - even when the 12+2+30 days are up. Until they provide with a true CCA - which they don't have. Thank you so much for all your help

Sorry, do you mean when I send the non-compliance letter to the second one I listed (the one that says they have sent a copy of an agreement that I would have signed. Sorry again, I just want to make sure I get it right.

Thanks POne Thats great - just one more question, sorry what should I do about the 2nd letter - just wait till the 12+2+30 days are up and send them the non-compliance letter? Or should I do something else? Apologies for bothering you on a Saturday morning.

No, its hard to read but it doesn't show any amount of credit and there doesn't look to be any figures in the bits I can't read, ie APR. Waht do I do regarding both the letters now?

Thanks Priotity One This is what they have sent me regarding my first post They have enclosed a copy of something I signed - I'm not sure if its a true CCA as the writing is very unclear and also why would they take me to the small claims court, I thought if you didn't pay your debts you got taken to court for a CCJ?? Or am I missing something. The DCA is Roxburghe UK if that helps at all. Any help at all much appreciated, thank you. It does say that is a Credit Agreement Regulated By The Consumer Credit Act 174 - theres a heading: How your directory works and I can't read the following paragraphs then they is a heading Important You Should Read This Carefully. I have entered my signature and they have a pre=printed signature. Its for Next Directory by the way, if that helps.

This is the link to my orginal thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/88561-can-anybody-help-re.html

And another one:- Thank you for your letter dates I attach a copy of the standard agreement whiich you would have signed in accordance withe advice given you at the time you established your home shopping account with XXXXX> You appear to have acted in a way that indicates that an agreement was signed, receiving goods, returning goods, within the approval period and making payments. Copy statements showing all transactions are enlosed. These ensolures satsify the requirements of section 77-78 of the Counsumer Credit Act in regard to supplying a copy of the agreement and accounts statements. I must however correct your statement that we an under an obligation to provide a facsimiile copy of a signed agreement. The regulation only requires us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer to Regulation 3 - Consumer Credit (cancellation notices and copies of documents) Regulations 1983 SI,.NO> 1557. I look forward to receiving an offer of payment on the balance outstanding.

Hi all Have received another letter from a DCA after a CCA request and its really puzzling me. Thank you for your unsigned letter dated 23 May 2007 and firstly insofar as yor opening sentance, we ask that you refer to our correspondance once more as we have never said you are indebted to this office. In reply to your request marked1, we attach a copy of your signed agreement dated 20 September 2004. Given the age of the account and the fact this document has been saved to microfiche, we are also obtaining from our lient a blank sample of the agreement so that all content is legible to you. In regards 2.a deed of assignment does not exist as the debt as the debt has not been assigned to us. Kindly note, that at all time we are acting on behalf of our client as their collection agents in the recovery of the sum they say is due to them from you. To avoid the matter being passed to our solictitors for recovery through the Small Claims Court, we look forward to receicing your proposals for payment by return. They have enclosed a copy of something I signed - I'm not sure if its a true CCA as the writing is very unclear and also why would they take me to the small claims court, I thought if you didn't pay your debts you got taken to court for a CCJ?? Or am I missing something. The DCA is Roxburghe UK if that helps at all. Any help at all much appreciated, thank you

Anybody, help please

Hi all Have received another letter from a DCA after a CCA request and its really puzzling me. Thank you for your unsigned letter dated 23 May 2007 and firstly insofar as yor opening sentance, we ask that you refer to our correspondance once more as we have never said you are indebted to this office. In reply to your request marked1, we attach a copy of your signed agreement dated 20 September 2004. Given the age of the account and the fact this document has been saved to microfiche, we are also obtaining from our lient a blank sample of the agreement so that all content is legible to you. In regards 2.a deed of assignment does not exist as the debt as the debt has not been assigned to us. Kindly note, that at all time we are acting on behalf of our client as their collection agents in the recovery of the sum they say is due to them from you. To avoid the matter being passed to our solictitors for recovery through the Small Claims Court, we look forward to receicing your proposals for payment by return. They have enclosed a copy of something I signed - I'm not sure if its a true CCA as the writing is very unclear and also why would they take me to the small claims court, I thought if you didn't pay your debts you got taken to court for a CCJ?? Or am I missing something. The DCA is Roxburghe UK if that helps at all. Any help at all much appreciated, thank you

Hi, me here again I have received a letter from a DCA that i sent CCA request to on 11 May. They have not responded with the CCA, they used the £1 against the debt and the letter today says I must make full payment within 7 days or else they will pass it to their solicitors. I'm not sure if I should send the non-compliance letter as it has not yet been 12+2+30 days, do I wait until the 30 days is up and just ignore this letter? Can they do anything? ie: I have requested a CCA, they are obvioulsy ignoring it.

Hi Sorry to keep bothering everyone but after CCA ing amother DCA they have responsed with a Payment Book that states the £1 fee has been taken as payment. That makes 2 DCA's that have done this now and neither have supplied the CCA. I know I am supposed to ignore them but they are obviously expecting payment and when it isnt made what are they going to do? And what do I do? Also, obviously they will have read the letter and have taken no notice, is this normal? Why haven't they taken any notice?

Hi Does anybody know if there is a template letter I should send after I have sent a CCA request to a DCA and they have used the £1 fee to reduce the amount owing and stated in their letter further repayment terms and not even mentioned the CCA request. Not sure if I should even send a letter? Thank you

Thank you so very much, do I need to alter this as the 12 days plus 30 has not yet expired? I sent the CCA request on 2nd May.

Thanks, its just all getting on top of me - just felt really bad and useless when I got this letter especially when I read other threads regarding Home Shopping Catalogues and they seem to be doing ok. I'm trying to stay focused but it so hard but I really appreciate your support. I must admit it would be wonderful if certain companies cannot provide me with a CCA but please be assured I am not trying to get out of paying my debts - just need some help from the companies instead of them hounding me. Whats a non-compliance letter by the way and is there a template of one?

I CCA'd the DCA not Studio but it is Studio who replied - the DCA wouldn't accept my offers of repayment - we are in a bit of a mess . I just wanted to stop the DCA from constantly ringing and sending letters with threats of court action etc and get all the charges removed. I phoned Studio who wouldn't offer me any repayment plan, they then passed it on to the DCA. I have CCA'd all the DCAs who are dealing with my debts, not to get out of paying them but for them to be reasonable. I feel suicidal and dont know what to do next. I have tried phoning the CCCS and Payplan who have just told me to offer token payments but nobody will accept these. I'm sorry if I've bothered anyone.

How can they prove they have a copy of the "Executed agreement" when they don't have one - I had nothing containing my details on it - in fact, nothing at all until today?

I have just phoned Trading Standards and they said because it is Home Shopping, the company, Studio, do not need to have a signed copy of the CCA so they can enforce the debt. It states in the letter: In order to comply with a request for an executed agreement as defined by the Consumer Credit Act a signed copy need not be supplied but a true coy of the executed agrrement. To avoid any doubt I have enclosed I have enclosed a further sample agreement. Could somebody please explain to me what an "executed agreement" is? Sorry to appear dim.

It was sent to Studio It also states in the letter that: Under the credit terms you will receive a statement every 28 days. You may choose to either pay the full balance on your account at once or in instalments. Should you choose to pay be instalments you may pay any amount of your choice above the minimum payment detailed on your statement. If you choose to pay every 28 days a service charge of 2.6% (or 2.0% if you choose to pay by Direct Debit) of the brought forward balance will be added to your next statement together with a servie charge on any purchse on your previous statement from the date of despatch up to that statement. There is also a sample credit agreement with it which does not any of my information on it, it is just pre-signed by somebody "For and on behalf of Express Gifts Ltd" I truly have not been sent one of these before and therefore I have not signed one,

Thank You for your letter dated2 May 2007 and fully note your comments and opinion regarding our customers liabliity. The Office of Fair Trading and Local Trading standards acknowledge that for the Home Shopping Industry the supply of an exact copy of the credit agreement together with all relevant information is acceptable to meet your request for a copy of the creidit agreement. In order to comply with a request for an executed agreement as defined by the CCA a signed copy need not be supplie but a true copy of the executed agreement. To avoid any dount I have enclosed a further sample credit agreement and the information below: You can be assured that legal advice is sought in such matters where liablility is in dispute. We are still very much of the opionin that a debt exists. We are also aware that the courts would not grant an enforcement order should a default summons be issued because of non payment and it was defended on a challenge to produce a copy of the original signed agreement that we could not produce. We have discussed this matter with Tading Standards and teh above information unquestionably fully complies with your request for a Credit Agreement as defined by the Counsumer Credit Act. As we have now fully complied with your request we will continue to to collect the outstanding balance. Should you intend to take this matter to court, we will defend and make any application for cost incurred to be reimbursed. I trust the above information fully clarifies our position on this matter. Yours sincerely Customer Liaison Advisor Directors Office Enc Sample Credit Agreement

Don't know how to amke it bigger ?????????????

Sorry

Hi Can anybody help with the following, I sent a CCA request and have received this letter back and not sure what to do;