CCA request - is it 12 working days or 12 calendar days?

[hackers0ns]

I have sent off a CCA request to the SLC - I thought I'd start counting days from 2 days after I posted in first class recorded delivery (which is today).

 

But what I need to know is... do I give them 12 working days or 12 calendar days to comply?

 

And if after the 12 days are up and they have not complied, or there's something wrong with the stuff they've sent - what do I do then?

[dpick]

I have sent off a CCA request to the SLC - I thought I'd start counting days from 2 days after I posted in first class recorded delivery (which is today).

 

But what I need to know is... do I give them 12 working days or 12 calendar days to comply?

 

And if after the 12 days are up and they have not complied, or there's something wrong with the stuff they've sent - what do I do then?

 

Hi the time scale for CCA is 12 + 2 working days if nothing received or they have sent something that does not comply they they are in default and cannot enforce the debt until they comply. After a further 30 days (calender month) they have then committed an offence. If they do send you an "agreement" then post it up on your thread and the experts will have a look at it.

 

all the best dpick:)

[tobciocc]

I posted mine off 'Recorded' on the 3rd September and I'm still waiting, if they don't respond and they go over the Calender month what are the consequences?? Anybody know??

[pt2537]

its a criminal offence and its up to Trading Standard to take enforcement action .

 

have you confirmed that they have indeed recieved your CCA request?

[Thepower]

I posted mine off 'Recorded' on the 3rd September and I'm still waiting, if they don't respond and they go over the Calender month what are the consequences?? Anybody know??

 

 

A level 2 fine which is £3K

[tobciocc]

Well I've just checked on the post Office website and my request was signed for on 4th September. Maybe they can't find it. Recently they imposed a repayment plan on me warning me of the usual consequences if I didn't pay. However I did receive my deferment forms last friday.

[tobciocc]

Well the SLC had till the 4th October before the month was up, still no CCA. I guess that means they are breaking the law then.

[hackers0ns]

Yep here too. They had until Oct 4th, and surprise surprise, no CCA.

 

does this mean the debt is unenforcable? Can I claim back all the money i've paid them now?

 

I am a full time mum with no income of my own, and yet they're still taking payments out of my bank account!! They've deferred me on one loan, but not the other - they say i didn't send it, but they were in the same envelope, and it was sent recorded delivery!!

[tobciocc]

Well I still have no CCA request back from SLC, do I need this to process my Moneyclaim form. I thought I did. Is the loan enforcable if they've lost the original document??

[pt2537]

What would you be claiming from SLC?

 

no CCA means the debt is unenforcable, it still exsists as a debt however the courts are precluded from issuing an enforcement order where no credit agreement can be produced.

 

i am not sure what grounds you would have to launch a claim,the only thing i can think of is for breaches of DPA 1998?

 

regards

paul

[tobciocc]

So are you saying that if they don't have the documents they cannot ask for the money back and that I have no need to try and reclaim any charges they have put on my loan? Sorry if thats an obvious question but I just need to be clear with what I'm doing.

[pt2537]

Yes,the general rule is that NO CCA = NO PAY,

 

Now if there are penalty charges, they are a different issue. Penalty charges for breach of contract are unlawful and have been for over 100 years. this would be best dealt with by a SAR , once you have full details of the charges then you could conciveably reclaim them, but you would need to follow proceedure and ask for hte charges back firstly from SLC

 

If you have cca'd the SLC and they have failed to comply then they are in default and in normal circumstances a creditor in default of a CCA request is not entitled to enforce the debt while the default exsists which would mean that you dont pay them.

 

however i need to check that SLC are covered by the CCA 1974 just to make sure that what i am telling you is correct

 

bear with me and i will get back to you

 

Regards

paul

[pt2537]

ok, ive been told the Old-style student loans pre sept '98 were regulated by the CCA. These were the ones you had to defer if you were not earning enough.

 

was your loan a pre 98 one or is it post 98?

[tobciocc]

I took 3 loans out in 1993/4/5.

[pt2537]

then from what i,m told, they are regulated by the CCA 74 and they have the 12 working days to comply, failure to comply means they enter a default situation where the debt is unenforcable until they comply with the CCA request and produce a validly executed agreement

 

after 12 WDs + 30 calender days pass they commit a criminal offence

[tobciocc]

Well on that basis an offence has been commited. The thing is I'm about to send my deferment forms off, should I be doing this??

[pt2537]

on the offence side of things, they commit an offence if 12 working days plus 30 calendar days pass and they have not complied with a CCA request.

 

 

i have asked someone with a little more knowledge in SLC to look in on the thread as i must admit its not my specialist area

 

regards

paul

[sequenci]

Well on that basis an offence has been commited. The thing is I'm about to send my deferment forms off, should I be doing this??

 

That is up to you and what you are hoping the achieve with the CCA request. Legally, with no CCA you would be able to defend any action brought against you in respect of the money owing.

 

Is the money an amount you know you owe or is there a dispute in place?

[tobciocc]

Well there's about £300 they are trying to get from me in charges, all the usual threats and letters from fake debt collection companies. So yeah, its the £300 I was going to the small claims court over. That said, if its unenforcable then thats another matter.

 

Since I started sending them letters about actions I may take they've stopped phoning me and sending me threatening letters.

[sequenci]

That's awesome! some of these dcas are way ott in the way that they deal with people.

[hackers0ns]

Well I just got another threatening letter from the SLC about charges on my account - even though they accepted my dferrment two months ago!

 

The date on the letter was the same date as the deadline for the CCA request, which they havew failed to comply with! So they manage to send a threat but can't come up with the CCA.

 

Still no SAR info either, but they've got until the 28th to produce that.

[tobciocc]

Well I eventually got a reply from SLC, unfortunately they've only sent my CCA document for my loan in 95 and not the ones from 93 & 94. Hmm, wonder if they lost them and are hoping to fob me off with just the one. Also received the standard threatening letter from them the same day.

 

Is it worth reporting them to Trading standards or the OFT, at the end of the day they didn't send the CCA within the legally required time and what they did send is incomplete.

[tobciocc]

Well I've written to them again stating that they have only sent me the CCA for one of the three agreements and telling them I will only deal with them by letter. The result of this is I am getting phone every day, how do I get them to stop this. I just can't beleive they can get away with this, its harrassment surely.

[Thepower]

send them the standard Harresment letter:

 

Dear Sirs

 

 

 

Telephone harassment

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded, time and date logged.

 

Failure to comply with my request will also result in a formal complaint to the OFT for unfair collection practices

 

Collection while the alleged debt in dispute

 

On the XXXXXXXXX I made a formal request for a copy of the signed, executed credit agreement(s) for the above account(s) under section 77(1) and section 78(1) of the Consumer Credit Act. In addition, a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time have expired.

 

As you are no doubt aware subsection (6) states:

 

“If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence. “

 

Despite the account being in disputed you continue call me from you collections department , if the continues this will result in a further complaint to the OFT.

 

 

 

 

 

Yours faithfully,

:D :D

[tobciocc]

Thanks very much for that, hopefully that'll put a stop to the bloody phone calls.

 

Has anybody actually tried to complain to OFT or trading standards??