Can you CCA solicitors?

[Darkangelsdelite]

Hi Guys, just got a question....

 

Can you CCA a solicitors?

 

long story short, sent CCA request to creditors back in November and still not received copy of agreement so i know that debt cant be pursued until i receive it etc.

Sols now dealing with this in behalf of creditors and threatening usual court action.

I've sent them a letter telling them that am still waiting credit agreement and to back off as in breach of CCA.

They replied saying they'll send me one in "up to 3 weeks" but court action still to continue?!

Surely if i send them a CCA request then they have to comply within the normal time-scales otherwise they are committing an offence, right? :?

 

only ask as they say they are now acting on behalf of the creditors but they aren't actually the creditors if you get what i mean so do they have to adhere to the same regulations?

 

any advice appreciated

 

 

DA

[ScarletPimpernel]

If you've already sent one CCA there's no need to send another. S.77/78 is quite clear - whilst a creditor is in default of a CCA request he may not enforce an agreement, nor may he demand repayment.

 

So, your letter to the solicitors should be to the effect that whilst their client remains in criminal default (a summary offence is committed after 12 working days + 30 calendar days), they should not be demanding payment or continuing any action.

 

They will need to produce the original executed agreement to enforce in court anyway.

 

For added amusement, include a formal complaint about their breaches of the OFT Guidance (communicating in a deceitful and misleading manner, failing to suspend collection activity whilst a debt is in dispute); they need a consumer credit licence just like a DCA, and must comply with the guidance.