Jump to content


CCA - Both parties to sign?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4905 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A bit of a headache this morning then Dave?:cool::D

 

shhhhhhhhh........quietly please.....ouch 8)

 

I'll look at some templates for you and get them posted a bit later

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Hi A13

 

Ok then we are pretty much agreed that the cca is nearly 100%.......

 

My next step (if you already havent done it ) is to do an SAR , This will get you all the info you need, to work out if there have been any charges.

 

This is important

 

If as you say you dont owe that much.....then if they have made ANY charges you could put in a claim to get them back. It may reduce or completely pay off the debt.

 

use a standard SAR something like...

 

Name

Address

 

date

 

to....

their name

Address

 

acct. no.

 

Data Protection Act 1988

Data Subject Access Request

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER:

 

I wish to exercise my rights under S7 of the Data Protection Act 1988. I would ask to to supply me with any data that you hold about me.

 

Please be aware that I require FULL DISCLOSURE of any and all data held.

 

As part of that request I also ask you to supply me with a complete list of transactions and charges relating to my account. I do not require full statements only a list of charges, but if the data is hard to process a complete set of statements for that period will be acceptable.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my financial business with you.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

In making this request I understand that you may make a charge, so I enclose the maximum fee allowed by statute of £10 (postal order best)

 

You have 40 days in which to comply

 

While this information is missing I officially dispute the amount claimed, and as such you should cease recovery / enforcement action until the dispute has been resolved or no further progress can be made. Failure to do so would go against the OFT's guidance on fair debt collection.

 

Yours faithfully,

................................................

 

We'll leave the unsigned cca for a while......lets see what the sar brings up

 

Dave

  • Haha 1

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Dave, thanks again for taking the time to look that up for me, it's appreciated and I will get onto it first thing in the morning

 

 

Oh, I do have one quick question about your letter ... do I send it to 1st Credit or direct to the original creditor, Aqua Visa Card?:D

 

Mike

Edited by Augmented13th

I started with nothing - and now years later, I have most if it left!

Link to post
Share on other sites

Dave, thanks again for taking the time to look that up for me, it's appreciated and I will get onto it first thing in the morning

 

 

Oh, I do have one quick question about your letter ... do I send it to 1st Credit or direct to the original creditor, Aqua Visa Card?:D

 

Mike

 

Are the DCA acting as agents...or have they bought the debt.....If they have bought the debt they should have sent you a "notice of assignment"

 

If they are acting as collecting agents, send it to the original creditor. if they have bought the debt, they own the rights and liabilities, so I guess you would send it to them. if only to let them know the debt is in dispute.

 

Who did you CCA ???

 

while the debt is in official dispute they should cease collection and enforcement activities. (but they probably wont)

 

dont forget the £10.....

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Okay .... I can't remember having ever received a 'notice of assignment' regarding this account, my request for a copy CCA was made to 1st Credit on 28th December 2007 ... I received the 'copy' last week.

 

Ah... I have just gone over my file on the matter and discovered that 1st Credit sent me an Assignment Notice on the 11th January 2008, this was attached to the back of a letter confirming receipt of my CCA request.

 

Guess that answers it then ..... 1st Credit seem to own the debt!

 

M

I started with nothing - and now years later, I have most if it left!

Link to post
Share on other sites

well at least the ownership issue is settled.....send it to them !

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

You could also try the angle of whether they just had a fax copy of the CCA from the OC. If they don't have the original but only a electronic copy or a fax copy then they must prove that their internal systems can demonstrate that it is a true copy.

 

I have used the following in a few letters which confuses/scares dca's:

 

It would appear that the agreement you have sent has been digitally scanned and printed from a computer. Should you intend on relying on such digital copies in a Court of Law, you would be required to demonstrate compliance with BSI DISC PD0008:2004 – Legal Admissibility and Evidential Weight of Information Stored Electronically.

What I Require

I require written confirmation that any copy of the agreement you hold is from a digital source and that you can demonstrate compliance with BSI DISC PD0008:2004 – Legal Admissibility and Evidential Weight of Information Stored Electronically.

 

Hope this helps

Link to post
Share on other sites

You could also try the angle of whether they just had a fax copy of the CCA from the OC. If they don't have the original but only a electronic copy or a fax copy then they must prove that their internal systems can demonstrate that it is a true copy.

 

I have used the following in a few letters which confuses/scares dca's:

 

 

 

Hope this helps

 

EXTREMELY good point, I had used something similar to good effect.

 

well worth a try :) well done TB !

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Hi everyone,

 

Early today I sent a S.A.R request to 1st credit by recorded delivery and when I returned from the post office this had been delivered in the post ..... 6 months to send the copy (received 25th/26th June) and then this sent 24hours later ............... t***'s

 

000_1618.jpg

 

:mad::mad:

I started with nothing - and now years later, I have most if it left!

Link to post
Share on other sites

I'll get a reply together for you..........muppets !!!

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

While I'm thinking about a letter....did you realise LCS solicitors have exactly the same adress as 1st credit.....hmmmmmm :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

"Please note that we are instructed not to enter into correspondence with you".

Yeh right, so we can hassle you but you can't come back at us, i don't think so t.......s.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites

Hi A13....

 

hows this for a first draft ?

 

Dont send it yet, I may want to expand it a little, or if you think it will do as it is...go for it

 

 

 

 

Dear sirs,

 

I am in receipt of a rather threatening letter from your inhouse solicitors LCS, which somewhat surprises me as the debt has been unenforceable while my CCA1974 S.78 request was outstanding.

 

I applied for a copy of my agreement at the end of Dec 2007, and by statute you have 12 working days to produce the document, after which you have a further month before you have committed a criminal offence. The debt is unenforceable after the first twelve days have expired, and cannot be enforced until the document is produced, this includes demanding payment and adding interest.

 

YOU have been in CRIMINAL default since about mid February, and you have still not fully complied with my request, in that certain items relating to that request are missing. I suggest that you get LCS to fully read the CCA1974 and the various amendments and additions.

 

That aside I now put this debt into OFFICIAL dispute, as I believe the amounts claimed are wrong.

I have recently sent you a subject access request, which requires you to give me full disclosure of any and all data relating to me.

 

While this debt is in dispute you should not be taking any enforcement action that would go against the OFT's guidance on fair debt collection. Ignoring their guidance can cause your fitness to hold a credit licence to be called into question.

 

I hope to hear from you in a timely manner

 

yours etc

 

 

well how is that ?

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

It's a cracker .... thank you:smile:

 

Yeah I did notice the address details ... I might try and check this LCS bunch out in the morning ... I have been quietly seething about these idiots all day and would really like to tell them to poke the alleged debt where the sun don't shine and to get on and do their worst ....:-x:-x:-x

I started with nothing - and now years later, I have most if it left!

Link to post
Share on other sites

nah....dont do that, because then theyve won...think of it as a game, and its you job to make their life as dificult as possible...:)

 

I'll have another think about that letter to see if I can add anything.......but it is ok as it is at the moment

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

nah....dont do that, because then theyve won...think of it as a game, and its you job to make their life as dificult as possible...:)

 

That's not a bad way of looking at it really .......

 

Yes the letter is spot on .... :)

I started with nothing - and now years later, I have most if it left!

Link to post
Share on other sites

1st Credit Limited

 

Have a look at the 'mindless automatons' all following each other into their 'posh' new den .... listen to the drivel, put faces to the names and generally sit back and have a laugh!:D

 

£240m purchased 3 billion quid of debt!

 

Take a look .... watch their promotional film:rolleyes:

 

1st Credit

I started with nothing - and now years later, I have most if it left!

Link to post
Share on other sites

Aw aint they nice, must give them a warm glow inside after their 2 weeks training to be able to understand the entire Financial services industry

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...