CCS reply to CCA request...Is this right??

[grayfray]

Hello, can anyone please help, I applied to 'Commercial collection services' Ltd for a CCA request, this is the reply I have received...is this correct what they are saying?

 

Dear Mrs *****

Further to your recent corrospondence

 

In reply we are writing to advice that the balance of £530.91 outstanding to LLoyds tsb bank plc is for your trustcard mastercard.

 

please note, the card was opened on the 1st of May 1994 and you have been making payments of £1.50 per month towards the balance, thus acknowledging the account, we must also advice that a credit agreement only has to be retained for five years by our client, the balance of £530.91 is still recoverable by our client.

 

the last payment was received on the 14th of September 2007

 

yours sincerley

[paulwlton]

Hello, can anyone please help, I applied to 'Commercial collection services' Ltd for a CCA request, this is the reply I have received...is this correct what they are saying?

 

Dear Mrs *****

Further to your recent corrospondence

 

In reply we are writing to advice that the balance of £530.91 outstanding to LLoyds tsb bank plc is for your trustcard mastercard.

 

please note, the card was opened on the 1st of May 1994 and you have been making payments of £1.50 per month towards the balance, thus acknowledging the account, we must also advice that a credit agreement only has to be retained for five years by our client, the balance of £530.91 is still recoverable by our client.

 

the last payment was received on the 14th of September 2007

 

yours sincerley

 

What they are saying is utter garbage. They have failed to provide you with an agreement, the debt remains unenforceable whilst they remain in default. I would write back and make them aware that you will be making no further payments untill they forward a "true copy" and that you will vigourosly defend any legal action they may wish to take.

[Dispirited]

5 years? No they're wrong. They must respond to your request for a copy of the CCA. From the advice I've been given in recent weeks, I would just ignore this letter and play the waiting game. 12 working days to comply to your CCA request otherwise they default, then a further 30 days before they have commited an offence.

[grayfray]

Thank you for your prompt answers, I have read somewhere that if it did go to court then because I had previously made payments this might be held against me?

Also is it true what they said about the '5 year rule' or is the whole reply by them utter rubbish?

Thank you again

[rory32]

Also is it true what they said about the '5 year rule' or is the whole reply by them utter rubbish?

Utter rubbish. They are actually required to hold documents such as a copy of the credit agreement for 6 years after the closure of the account under the various anti money laundering legislation.

[grayfray]

Utter rubbish. They are actually required to hold documents such as a copy of the credit agreement for 6 years after the closure of the account under the various anti money laundering legislation.

 

So 6 years from 1994 is 2000, if they are only required to hold it for 6 years what happens after this time?

[Curlyben]

Shame on them really.

No CCA = NO enforceable debt.

True they can ASK for payment as much as they want but they CANNOT take any court action.

 

Now I wouldn't do anything until the pass the 12+month AND demand payment again.

The a report to Trading Standards would be in order as they are chasing an unsubstantiated debt.

[rory32]

So 6 years from 1994 is 2000,

6 years after the closure of the account, not the opening of it. The account is still open.

[grayfray]

6 years after the closure of the account, not the opening of it. The account is still open.

 

Thanks rory, I should pay more attention

 

One last question....If I leave the time period for more than the thirty days after the 12 + 2, ( 30 days starts from the day after the +2 doesnt it?) does this matter?

[rory32]

No. You have 6 months to report them after they have committed the summary criminal offence of failing to supply the agreement. Ideally you want to wait until they start demanding payment before reporting them.

[grayfray]

Hello again and thanks for all info

Can I send a £1 cheque for CCA requests instead of a postal order and if so does it matter that the cheque will be in my sons name?

[rory32]

You can send a cheque. We only advise PO's because you don't need to sign them.

 

I don't think the fact that the cheque is in your sons name would make any difference as long as the offer of payment of the admin fee is made.

[grayfray]

Thanks Rory, on the letter for my cca request I deliberately signed my signature nothing like my normal signature after reading about signature forgery on this forum.

[diskmandave]

Hello again and thanks for all info

Can I send a £1 cheque for CCA requests instead of a postal order and if so does it matter that the cheque will be in my sons name?

 

Also, to add to Rory's point, you can get a counter cheque from the bank/bs that doesn't have your signature or account details on, and is at no extra cost.

 

Regards, Dave.

[grayfray]

Also, to add to Rory's point, you can get a counter cheque from the bank/bs that doesn't have your signature or account details on, and is at no extra cost.

 

Regards, Dave.

 

Thanks diskmandave I didnt know that, I thought there would be a charge.

[grayfray]

6 years after the closure of the account, not the opening of it. The account is still open.

 

 

Does this mean that on some of my debts, that have passed 6 years since the account closure.... I can no longer request the cca?

[The GodMother]

hi all,

diskmandave i was charged £35.00 a few years ago by my bank for a counter cheque. I dont know if that was a just then payment. this was back in 2002. My advice would be to check with your bank before doing anything.

[rory32]

Does this mean that on some of my debts, that have passed 6 years since the account closure.... I can no longer request the cca?

If a DCA is claiming that there is an amount due on the account then the account is not closed (the creditor has changed but the account is still open). The only time they would not have to provide a copy of the agreement is if no sum is or will become payable by you on the account.

[grayfray]

Received a reply from CCS Ltd this morning... I quote

 

Dear Mrs ****

Thank you for your correspondence.

 

We write with reference to your letter advising us of the same request for documentation.( the first CCA request I did not send payment, so this time I sent a cheque for £1 with a fresh CCA request)

We would like to advice you that the balance of £530.91 is recoverable and not enforceable.( there was no mention of this in the first letter from them..see earlier post).Please find attached a copy of the previous letter advising you of this information and also informing you our client must retain a copy of of the credit agreement for only 5 years and you have acknowledged the debt by making payments of £1.50 per month.

Please be advice we will cash your cheque for £1.00 on the 14th October 2007 for this months payment but require a minimum of £50.00 for Novembers payment.

 

Yours sincerley...

 

Can they cash my cheque in this way?

What would be my retort to this letter?

 

thank you all again.

[MikeSplicer]

Received a reply from CCS Ltd this morning... I quote

 

Dear Mrs ****

Thank you for your correspondence.

 

We write with reference to your letter advising us of the same request for documentation.( the first CCA request I did not send payment, so this time I sent a cheque for £1 with a fresh CCA request)

We would like to advice you that the balance of £530.91 is recoverable and not enforceable.( there was no mention of this in the first letter from them..see earlier post).Please find attached a copy of the previous letter advising you of this information and also informing you our client must retain a copy of of the credit agreement for only 5 years and you have acknowledged the debt by making payments of £1.50 per month.

Please be advice we will cash your cheque for 31.00 on the 14th October 2007 for this months payment but require a minimum of £50.00 for Novembers payment.

 

Yours sincerley...

 

Can they cash my cheque in this way?

What would be my retort to this letter?

 

thank you all again.

 

They have basicly admited that they can chase the debt but could not enforce it in a court of law.

 

Cancel the cheque NOW

Write them back say either

 

if you can't enforce it then I am not paying so FO

Or

Since you can't enforce this debt in a court of law I am willing to offer £x in full and final settlement

 

but ensure that you get it in writing before paying £X and also insist that they update you Credit Reference with a settled amount.

 

X = whatever you want but personally I would offer 10%

[grayfray]

Thank you for reply, bit of a tping error have put cheque amount down as 31.00 instead of £1.00

 

Is it right that they can use my cheque against my debt?

[diskmandave]

Seconded, cancel the cheque even if it's only for £1. They'll use for however they see fit to their advantage.

 

Can you scan the letters so we can see them in their original context?

 

Regards, Dave.

[grayfray]

Seconded, cancel the cheque even if it's only for £1. They'll use for however they see fit to their advantage.

 

Can you scan the letters so we can see them in their original context?

 

Regards, Dave.

 

Hi Dave, I think it will cost £9 -£10 to stop a cheque, sorry I have no scanner, but what I have posted is word for word except my inclusions in brackets.