How should i request my CCA with no details at hand?

[iceboy]

Hi;

I am going to send CCA letters a few company as soon as i get my CAG stickers. However, i do not remember any of my reference/account numbers. And i have changed my address since i was defaulted and they dont know my new address.

 

They appear on my credit reports (Lowell Portfolio, Abbey, London Scottish Bank...) but it doesnt show the reference number or code and i dont remember anything other than my old address.

 

In this case, how can i request my CCA? Can anyone give me a sample as my writing just isnt good at all...

 

Thanks

[Hippy-chick]

Hi Iceboy

 

Letter N here gives you the basic layout. http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

 

You will need to modify it. I'd suggest leaving out the account number and starting with: "with reference to the alleged debt of £xxx between iceboy and DCA I would be grateful if ..."

 

If you post it here before sending I'll have a look at it for you. You can always send me a pm to say that you have posted, but I should pick it up anyway if I'm online.

 

Put at the top in capitals:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

Hope this helps.

 

xx

[iceboy]

Thanks for your quick respond hippy-chick.

 

i havent much played with the letter. Just as you suggested, changed the beginning of it. Here it is:

 

Do you know which address should i be putting on the upper right hand? or, do i give them my previous addree? if neccesarry, how should i provide them in writing?

 

Thank again

 

 

 

NEW ADDRESS???

Street

County,

Town

Post Code

December 1, 2007

Lowell Financial Ltd

PO Box 172

Leeds

LS11 9WS

 

Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

With reference to the alleged debt of £699 between iceboy and Lowell Portfolio 1 Ltd, I would be grateful if you could send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

ICEBOY

 

 

 

 

 

 

 

 

 

OR, SHALL I SEND THE FOLLOWING i have found on CAG

 

 

Your address

xxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

 

5th February, 2007

 

DCA Address

xxxxxxxxxxxx

xxxxxxxxxxxx

 

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

With reference to the alleged debt of £699 between iceboy and Lowell Portfolio 1 Ltd,, I request that you send me a true copy of this credit agreement relating to your previous letter (shall i write this green bit? i dont have any letters anymore nor the date they sent the letter!)

 

I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account.(didnt much get what that statement means? is it SAR? because if it is, im going to ask for it after i recieve the CCA) I enclose a £1 postal order which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from Capital One to Lowell Financial

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be “in dispute”.

 

Thanks in advance and I hope to hear from you within the statutory time limit.

 

I look forward to hearing from you.

 

Yours faithfully

 

Your Name

[Hippy-chick]

Ice boy.

 

Up to you. I like the first one as it is clear and to the point, and can always be followed up later. Also, it only costs you £1, which might suffice.

 

With regard to the address. That is up to you. If you are willing to talk to them via your new address, put down the new one and add (previously at ...).

 

Up to you though. Either, when amended, are fine.

[iceboy]

thanks hippy chick. i'll use the first one than. as you said, its shorter, simple and clear. i do not have any other choice to recieve their responds. So i have to provide them my new address.

 

Those creditors doesnt appear on my experian report, but i believe they will show up there as well as soon as i tell the DCA of my new address

[Hippy-chick]

Yes, it probably will iceboy. That's an unfortunate side effect. But if you're going to deal with it and get it sorted, this is a short term problem. At any rate, they might find you some time. This way you are being pro-active and dealing with the debt.

 

xx

[iceboy]

You are right. Im going to get them remove the default (hopefully) and so it will be a short term problems as you have said.

 

Scaled...

[Hippy-chick]

Exactly.

[Hippy-chick]

Rory - if you're still there - can you move this to the DCA Forum?

 

Tx

[rory32]

Moved to DCA Forum

[Hippy-chick]

Tx Rory - though I do find it hard to take you seriously with that avatar,

[rory32]

And why can't I have fun with my avatars HC? If you give me wrong answer I'll place you on moderation (as if).

 

Seriously though some mods like to keep their avatars, me I change mine a lot. I'lll change it at least a couple of tiems before Xmas

[Hippy-chick]

Darling Rory - have all the fun you want.

 

 

Was that the right answer?

[rory32]

Was that the right answer?

Yep

[Hippy-chick]