Equidebt CCA - Confusion?

[Nakered]

Hi all!

 

It's been sometime since i've been on this forum, but since sending a CCA request to Equidebt, confusion has set in!

Therefore i'm in need of some more CAG help and advice.

 

As i've said, I sent a CCA request to Equidebt on the 9th July 07, and have a "track and trace" printout from the Royal Mail website, saying that the item was delivered (signed for) on the 10th July at 7.45am

 

• Twelve "working" days expired on the 26th July.

• Thirty "calendar" days expired on the 25th August (Saturday) so I took the expire date as the next available working day (Monday) 27th August 2007

No sign of the CCA - received the usual letter/threats of court action, doorstepping etc.

I just ignored them, seeing that "No CCA = No problemo!"

 

Then out of the blue, a letter (dated the 18th September) from Equidebt, with a photocopy of a signed CCA attached - saying "We trust that you will be in touch within the next five days to discuss the matter further"

 

The CCA doesn't look complete to me, Yes it has my signature and is dated, but not much else.

 

Now where do I go from here?

I keep reading conflicting information from various CAG discussions etc.

Can someone give me some definitive answers please! my head is starting to hurt!!!

 

 

Thanks everyone! -

Neill

[rory32]

Once they produce a copy of the agreement that complies with the Act they can once again enforce the agreement. By complies with the Act I mean all the prescribed terms etc.

 

Can you possibly post what you have received removing personal details first?

 

Without actually seeing the copy of the agreement it is impossible to comment on whether ir is enforceable or not.

[Curlyben]

This should help:

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[Nakered]

Once they produce a copy of the agreement that complies with the Act they can once again enforce the agreement. By complies with the Act I mean all the prescribed terms etc.

 

Can you possibly post what you have received removing personal details first?

 

Without actually seeing the copy of the agreement it is impossible to comment on whether ir is enforceable or not.

 

 

I will try and scan the CCA today, but it's not very clear, it looks like a photocopy of fax! -

[Nakered]

Scanned CCA - told you it was poor!!

 

 

(I edited out my signature - but the rest is, as sent!)

[Curlyben]

Errrrrm is that it ????

Well I see no ships, oooops meant prescribed terms !!

So UNenforceable.

[djdave]

I can only see one page - tell me that's not all they sent!

[Nakered]

I can only see one page - tell me that's not all they sent!

 

 

Thats all djdave! - amzing innit! -

[Nakered]

So, from what I can gauge from your responses, what they have sent is not a full and complete CCA?

 

I thought it didn't look right!

 

So what shall my response to Equidebt be?

[baileyboy]

Is that it?

 

Application form from what I can see.

[2Grumpy]

Is that it?

 

Application form from what I can see.

Looks like the real agreement to me - nothing about application anywhere

It actually says "This is your credit agreement" - not much else though, and as CurlyBen says - no bananas/prescribed terms

[Curlyben]

WAIT and see what they send you next

[Nakered]

WAIT and see what they send you next

 

I know that makes sense, but i'm getting mighty narked with them!

 

I really wanna send a snotty response back, be REALLY sarcastic! - lol

[Curlyben]

Oh we will, be patient.

Remember CCA is a game of "Who Blinks First"

[Nakered]

Oh we will, be patient.

Remember CCA is a game of "Who Blinks First"

 

Well, this is me, not blinking - - LOL

[gerih]

Watching with interest. Equidebt have sent me exactly the same single page, with no interest rates etc. Please keep us informed.

[Nakered]

Watching with interest. Equidebt have sent me exactly the same single page, with no interest rates etc. Please keep us informed.

 

 

Oh, don't worry about that! - any info forthcoming, I will paste it up on here!!

[The Reverend]

Also watching this thread with interest as Equidebt ( Heatons ) are one of my faves

[Nakered]

Ho Ho!

Here we go again peeps! - just received a letter from ScotCall Debt Collecting Services (via our friends at Equidebt)

 

DOORSTEP COLLECTION NOTICE

 

Outstanding debt has now been placed with "ScotCall" - 7 days notice blah, blah, blah!

 

This is getting better and better, I don't recall giving Equidebt permission to share my information?

 

Views anyone?

 

Neill

[Curlyben]

Gee that's nice of them.

 

Try this

edit as needed:

Dear xxxxx

 

Ref xxxxxx

 

Thank you for your letter of xx/xx/2007, the contents of which are noted.

 

To date however, Equidebt remains in breach of my legal request for a Consumer Credit Agreement (Consumer Credit Act 1974); received by them on xx/xx/. In fact, the only correspondence that I have received in response to this request have been some additional demands for payment from Equidebt, whilst in default of this request. Until such times as they are able to comply with my request however, no payments will be forthcoming to anyone.

 

With reference to your comments about someone visiting me at my home to collect payments, please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call” anyway, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I trust this clarifies your position and mine.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

[Nakered]

Gee that's nice of them.

 

Try this

edit as needed:

 

 

Ha! Ha! Ha! - I like the bit about "Common Law" didn't know about that!

These people do not have a clue, it's quite laughable really.

 

Shall I send that letter to ScotCall then? - or shall I just continue with the "Who blinks first" game! - :o

LOL

[Curlyben]

Yep send it to Scotcall, ior in this case NOTcall

[hellhasnofury]

Hello,

 

I am having similiar issues with the Equidebt:eek: They have bought the debt off MBNA.(account was actually already in dispute due to MBNA non-compliance with the CA request) but that is another issue.

 

I have sent ED a CCA and they are hoping to obtain it from MBNA not hope there then:eek:

 

So after reading your thread I will wait to see what they come up with:-D

 

I did a bit of research on this company and found their website this bit nearly made me fall of my chair with laughter.

 

This is printed on their site

 

Our Ethical Stance

We believe...

Our primary responsibility is to our clients and those who use our

services to:-

maintain high quality in all that we do

work to reduce costs so as to sustain reasonable pricing

deal with Clients' requirements efficiently and without error

We have a responsibility to those from whom we are collecting money to:-

have respect for them as individuals even though we may not agree with them or the choices they have made

do everything we can to optimise collections without resorting to underhand, oppressive or unfair collection methods

handle monies, correspondence, telephone calls and complaints promptly, efficiently and courteously

 

Who are they kidding they just want to make a fast buck. scavengers:evil:

[Zimmie]

I too am having issues with 'the ethical debt collectors'. I sent a CCA request, got a few dodgy looking statements which their letter stated complied with my request. So I left them to commit the summary offence which they did, then sent CCA non compliance letter including the bit about processing my data. Got a reply to say they were saddened that I felt it necessary to complain and they were investigating. I then got a very snotty reply (about 10 weeks after date of summary offence) enclosing an application form, saying here is the CCA, pay up and we'll process your data as much as we like (or along those lines). I haven't bothered to reply yet. So maybe I'm going to be offered a date with the Scotcall type...gosh I think I'm busy that day!

 

Ethical? Who are they trying to fool? Us or themselves?

[Nakered]

Hello folks, me again!

 

Having just returned to this thread (after a looong time - sorry) I have just received another letter, this time from CAS (Credit Ancillary Services) who have now taken over the debt from Equidebt.

 

They are offering a discount of 50% if I sort out this debt within 6 months.

Looking back over my thread (above) the original CCA, has a date written on it (17th January 2003) - if my maths are correct, that makes 17th January 2009, SIX years after the agreement.

 

Does that mean that by this date, the debt would now be STATUTE BARRED? - and the reason that CAS are offering such a generous deal, is because they are desperate now? - thoughts anyone! -