No cca....can they default you?

[pebs]

I am currently in dispute with a certain car finance company.

They have failed to produce my cca within the time limit but are updating my file with late payments.

What I want to know is are they allowed to record information with the CRA`s even if they have not produced any documention I requested?

[davethorp]

Tecnically no but that doesn't seem to stop a lot of people

[pebs]

Is there anything you can do to prevent them doing this?

[29spots]

I would like to know the answer to that as I am waiting for MBNA to send CCA's and they keep suggesting defaults.

[Weird Al Yankovic]

This has been asked many times but nobody seems to have the answer.

 

How can a creditor determine you have agreed to the default clause of a cca if they are unable to even provide that cca?

[pebs]

This has been asked many times but nobody seems to have the answer.

 

How can a creditor determine you have agreed to the default clause of a cca if they are unable to even provide that cca?

 

My thoughts exactly!

When you sign a cca it usually states in the T&Cs that you are giving permission to record information with the CRA`s, however as they have been unable to produce my cca (90 days has passed) then they do not have proof that I have agreed to this term so surely they must be in breach of data protection?

[pebs]

Who can I report them to if they continue to update my file with adverse information, bearing in mind they have not provided me with a statement of my account but the balance on my credit file is going up and up........

[pebs]

bump

[MARTIN3030]

Specifically you can report this to the FOS since they are in breach of your request under the consumer credit act.

There is confusion with the information commissioners office regarding these grounds and their position on it.

If the original agreement is still in force,under normal circumstances your permission to allow them disclosure to third parties of your data is still permitted.If the debt is sold then that permission ends and you should send a notice under section 10 of the data protection act asking them to refrain from further processing your data.

The rules of compliance (for a CCA request) is 12 days for them to send you the details....after this time if they have not complied then the debt becomes uncollectable up to a further calendar month.If the requested information is still not supplied,then the debt becomes unenforceable unless a Court deems it otherwise.

OFT guidelines on debt collection also cover consumers where requests for copies of account information after being requested,are not forthcoming.

Your local trading standards should take this lot up for you.Keep all communications in writing.Take original letters/docs to your local trading standards for them to take copies.

I am moving your thread to the debt forums where its likely to get more response.The issues that you speak of are not new ones and can be sorted by using the correct process.Insofar as the CRAs are concerned,you do have a right to add a notice of correction to your credit files,they will contact the people who supplied them with information before agreeing to make ammendments or removals,and let you know their response.

Dont forget also that disputed accounts require the creditor or their agents to suspend recovery or collection while the dispute remains.