Bit of guidance re: cca

[louise1111]

Hello!

just a bit of advice needed.

I requested a CCA from metropolitan collection services re HSBC cc. They sent me a letter stating that they could not provide one. It was then passed over to Central Debt Recovering so i CCA'd them also. They took the £1 fee off of my balance but today i received a reply. In short, they say:-

1. they cannot provide a CCA

2. there is sufficient evidence of my entry into an agreement with the bank

3. i have been informed that the account was closed and passed for debt collection

4. as there is no longer a live agreement in place under which the bank can be seen as a creditor then the sections 77 and 78 of the CCA act do not apply

5. as CDR is an inhouse collections dept, the debt has not been purchased and there is no deed of assignment

 

i just wanted you kind people's advice on the next step i should take.

many thanks

[Filthy Monkey]

Hi Louise, welcome to the forum. Just to clarify, is this in relation to a bank account or loan account?

[louise1111]

it was a credit card. the thing is, it is so confusing . i cca'd mcs as i never received any statements when i was paying the agreed amount so i never knew what i owed!

[surprise]

They do need to provide you with a signed agreement, when did you send the CCA request. They have 12 working days to provide it, and a further 30 days they have committed a summary offence at which time you can report them to TS. You can also stop paying them after the 12 working days as they are in default.

 

They obviously haven't got an agreement and are trying it on.

[dpick]

Hi totally agree with surprise they are trying it on, the company I worked for before I retired used to keep any agreement/contract for a minimum of six years after end of agreement/contract. When I asked why (I was responsible for backup and storage of this data) I was told it is required by income tax and in case of litigation.

 

dpick

[louise1111]

many thanks for your replies!

i CCA'd them 18th jan.

i thought they were 'trying it on' but just wanted to be sure

they have a cheek eh!

[Curlyben]

Remember no CCA = No Enforceable Debt.

 

Sounds like you are being misled here.

 

Throw this at them:

 

Account In Dispute

Letter Before Action

 

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

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 limits expired on XXXXXXXX and XXXXXXXX respectively.

 

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.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

[louise1111]

thanks curly - will send (recorded) when 30 days are up and see what happens!

[tooth_fairy]

My husband had the same response Louise.

Metropolitan don't have a CCA, debt sent back to HSBC.

Just had a letter claiming that as they are HSBC, they are under no obligation to supply a CCA.

 

I'm sending CB's letter on his behalf today!

[kingarteta]

morning all!

 

im brand new to this and need some relevant advice please??

a debt collection agency are trying to claim a debt from 2003.

i have a copy of my credit report saying balance satisfied in 2003 by the company i had the loan with.

the debt collection agency are saying it says that because they bought the debt from the original company,even though i have never heared from them for almost 5 years!!

how do i approach this one?

 

thanks to anyone who can hep me

[louise1111]

thanks tooth fairy

i just received today the same letter that they sent when they first took debt over- (pay now or else etc) don't think they know what they are doing

[louise1111]

just an update.

 

sent curlyben's letter and received reply today.

 

it basically says:

 

according to the cca act they have to supply a copy BUT need not be a photocopy of the signed agreement. So they have sent me a blank one!

they have also sent an up to date copy of the terms and conditions

 

any ideas on what to do next

thanks

[citizenB]

just an update.

 

sent curlyben's letter and received reply today.

 

it basically says:

 

according to the cca act they have to supply a copy BUT need not be a photocopy of the signed agreement. So they have sent me a blank one!

they have also sent an up to date copy of the terms and conditions

 

any ideas on what to do next

thanks

 

 

I think that what they have sent you is not correct. I believe they have to send you a copy of the T&cs that were in force at the time you alledgedly took out the agreement and a blank copy could be for anyone couldnt it?. Someone with more experience will be along soon.

[louise1111]

thanks for reply!

[spamheed]

although some companies interpret sending a blank copy of the agreement and the latest T&C as fulfilling their obligations under CCA

this proves nothing

 

they do not prove that you entered into an agreement

they do not prove that they have a right to collect on the debt

 

and most importantly,

 

they do not prove any liability to the debt on your part.

 

If that's what they are going to produce at court, invite them to do so, if they have the signed CCA, why are they mucking about with blank copies??

[louise1111]

thanks for reply!

sorry took so long but i have just come in!