Scotcall = No CCA

[The Janitor]

Hi Everyone.

I've been making regular payments to various DCA's over a number of years and,

after reading suggestions on this forum, have decided to test the water by sending CCA requests to all of them.

 

I have so far received only 1 reply.

 

This is from a company called Scotcall who say that they cannot supply the CCA on either of the 2 accounts I have with them but suggest,

as I have been sending monthly payments for a year or so, that I should keep on doing so.

 

Does the fact that I have been making payments mean that I admit Scotcall owns the debt?

 

I'm a bit concerned about getting tough with any of these companies as I already have 1 CCJ

and don't wish another but all these payments are taking a huge slice of my monthly pay and I would hate to think that these DCA's are not actually entitled to these payments.

 

I'm sure to be receiving varied responses from the other DCA's shortly, should I post these in seperate threads?

 

Any advice much appreciated.

[PriorityOne]

Hi Everyone.

I've been making regular payments to various DCA's over a number of years and, after reading suggestions on this forum, have decided to test the water by sending CCA requests to all of them.

I have so far received only 1 reply. This is from a company called Scotcall who say that they cannot supply the CCA on either of the 2 accounts I have with them but suggest, as I have been sending monthly payments for a year or so, that I should keep on doing so. Yeah, I bet they did ! . I can think of a few suggestions as to what they should do as well....

Does the fact that I have been making payments mean that I admit Scotcall owns the debt? No... if 12 working days have passed since they received this request, you can legally withhhold all payments now... no need to tell them why.

I'm a bit concerned about getting tough with any of these companies as I already have 1 CCJ and don't wish another but all these payments are taking a huge slice of my monthly pay and I would hate to think that these DCA's are not actually entitled to these payments. A lot of them aren't... which is why the CCA request is so important. Which account do you have a CCJ on and is this still with the original creditor, or has a DCA got it now ?

I'm sure to be receiving varied responses from the other DCA's shortly, should I post these in seperate threads? No... just keep them on here for now... they might not have that much to say to you !

Any advice much appreciated.

 

[The Janitor]

Hi and thanks for the reply.

To answer your question, the company who got the CCJ against me are Kings Hill (No1) who I believe are or are linked to Cabot Financial.

 

I was quite upset about the CCJ as I did make an acceptable offer of regular monthly payments and was even more annoyed to get a charging order against my house.

 

Soon after the CCJ and charging order were made Cabot let me know that I would be sending payments to them.

I didn't contest any of the charge. I didn't know any better at the time.

 

Going back to Scotcall.

 

Is there a standard letter I need to send them at this stage?

 

Do I need to tell them I wont be sending any further payments?

[PriorityOne]

The CCJ was probably taken out before your account was sold to Cabot.... who was the original creditor ?.... and how long has this account been with Cabot ? You can apply to the court to have the monthly amount reduced if it's too high. How old is the CCJ ?

 

There's no need to write to Scotcall re. the CCA default, providing you've retained proof that a request was made (rec. delivery slip). If/when they write to you again, just let us know and a bog off letter can be sent then. Don't have any dealings with them over the 'phone though.

 

Edited July 27, 2008 by PriorityOne
thoughts...

[The Janitor]

I don't have the full details of the original creditors with me at present.

I do know that it was 3 different credit card companies who's accounts Kings Hill (No1) had taken on.

 

They were represented by Hodsons solicitors and the charge was made at Rugby County Court on 19/07/2005.

 

I began dealing with Cabot straight after having my payment offer accepted.

 

Unfortunatley I sent off all my CCA requests before reading more from this forum and neglected to send the requests by recorded mail.

 

Do I assume this is only a problem if the DCA refuses to acknowledge?

 

The reply from Scotcall clearly states that they understand what I ask for but cannot comply.

[PriorityOne]

Unfortunately, it may be too late for a set aside of that CCJ now.... but you can still apply for the payments to be reduced if they're more than you can afford each month.

 

As far as Scotcall are concerned though, you've got their letter to say that they've received your request... so that's as good as proof that one was sent.

 

Make sure you keep hold of it though.

[The Janitor]

Ok so I have Scotcall admitting receipt of CCA request which is great.

 

Some of the DCA's who I sent CCA requests to use a P.O. box address.

 

Does the Special Delivery proof of receipt system work with these addresses or is there another tactic I may need to use?

 

I have today received a letter from Link Financial, who hold 3 accounts,

saying that they do not hold the information I require but have asked for a copy of the agreements from the original OC (MBNA).

 

The debts were bought from MBNA in May 2001.

 

They say this information may take up to 30 days to provide.

 

They are putting my accounts on hold for 14 days "for you to contact this office with further details as requested above", whatever that means.

[Captain Spaulding]

It means nothing. They have 12 + 2 days to produce the CCA or they will be in default and the account will become unenforceable (you can choose to stop paying if you like)

 

An additional 30 days and they have committed a criminal offence...

[pmhcfc]

I don't have the full details of the original creditors with me at present. I do know that it was 3 different credit card companies who's accounts Kings Hill (No1) had taken on. They were represented by Hodsons solicitors and the charge was made at Rugby County Court on 19/07/2005. I began dealing with Cabot straight after having my payment offer accepted.

.

 

So who are you making these payments to now? Cabot or Kings Hill ?

 

You can still CCA even if there's a CCJ...I did and got the CCJ set aside and had all the payments I had made sent back to me ;-)

[Sol]

It means nothing. They have 12 + 2 days to produce the CCA or they will be in default and the account will become unenforceable (you can choose to stop paying if you like)

 

An additional 30 days and they have committed a criminal offence...

 

Not anymore apparently. It's now only the 12 + 2 days.

[Captain Spaulding]

Not anymore apparently. It's now only the 12 + 2 days.

 

Really? Can you point me to the legislation that changed please?

[Sol]

I don't know it myself, but another member showed the updated legislation in one of the threads. Someone else might be able to give more information on it.

[The Janitor]

So who are you making these payments to now? Cabot or Kings Hill ?

 

You can still CCA even if there's a CCJ...I did and got the CCJ set aside and had all the payments I had made sent back to me ;-)

 

It was Kings Hill who got the judgement against me but every payment I've made has been to Cabot who I believe to be the same company.

 

I didn't actually contest any of the claim and it was 3 years ago so I thought a Judge would throw out any attempt for me to set aside the CCJ for both those reasons.

 

If I had a good chance of success I would give it a go. I haven't CCA'd Cabot as yet.

[pmhcfc]

It was Kings Hill who got the judgement against me but every payment I've made has been to Cabot who I believe to be the same company.

I didn't actually contest any of the claim and it was 3 years ago so I thought a Judge would throw out any attempt for me to set aside the CCJ for both those reasons. If I had a good chance of success I would give it a go. I haven't CCA'd Cabot as yet.

 

And I didn't contest the original CCJ either... I'd CCA Cabot immediately...If they didn't have the correct paperwork to go for a CCJ 3 years ago, they should have never applied for it in the 1st place.

[The Janitor]

Ok thats a CCA request sent out to Cabot today. I assume this has to be treated slightly different to other CCA requests as by not continuing with payment I would be breaking the court order. On what basis did you request the CCJ be set aside?

[pmhcfc]

Ok thats a CCA request sent out to Cabot today. I assume this has to be treated slightly different to other CCA requests as by not continuing with payment I would be breaking the court order. On what basis did you request the CCJ be set aside?

 

That there should never have been a CCJ issued in the first place - I kept paying the CCJ order right up until the decision was made for it to be set aside.

[The Janitor]

That there should never have been a CCJ issued in the first place - I kept paying the CCJ order right up until the decision was made for it to be set aside.

 

Thanks very much for the tip. I appreciate the info. Will now wait for the reply from Cabot and hope they can't provide the CCA then I will have a case for the CCJ to be removed. That would be such a relief I can tell you

[The Janitor]

Ok so now here's something I didn't expect.

 

I got a "letter undelivered" card pushed through my letterbox by Royal Mail today stating that a letter couldn't be delivered as it was recorded and the sender hadn't paid the full postage.

 

I can't say for sure it's from a DCA but it could well be a reply to a CCA request.

 

Do I pay the fee or let it go back to sender?

 

Is this common practice with these people?

 

 

Update: Cabot have replied with the usual "Cabot is not obliged to provide this information but have requested documentation from the original lender".

[palomino]

When you go to the sorting office ask to look at the package first. They should let you as you may have to pay money and you want the option.

 

If you can look at it then I guess you'll be able to judge whether it's something you want or not.

 

 

If you do pay up and take the package then make sure you get a receipt (they will give you one if you ask but don't do it in the middle of the rush hour!) so you can charge the sender accordingly!

[pmhcfc]

Update: Cabot have replied with the usual "Cabot is not obliged to provide this information but have requested documentation from the original lender".

 

Er, that kinda proves my point...How could Cabot even apply for a CCJ when they didn't have the correct paperwork in their poccession at the time??? That's to say they couldn't have had the proof that you owed the debt if they have to now request it from the original lender!

[palomino]

They don't have to have proof at the time they lodge the claim.

If no-one ever asks them to produce it in court then they won't. Which is how they get judgments so easily. Sad.

[The Janitor]

Er, that kinda proves my point...How could Cabot even apply for a CCJ when they didn't have the correct paperwork in their poccession at the time??? That's to say they couldn't have had the proof that you owed the debt if they have to now request it from the original lender!

 

I couldn't agree more. I just wish I knew then what I know now. Still, if there's a chance of getting the CCJ overturned on the basis of Cabot not holding CCA I may as well give it a go. Just a case of waiting to see if Cabot can privide the information requested.

[The Janitor]

Reply to CCA request from Credit Security Ltd

 

"You will be aware that your account was refered to this office for collection in January 2005 as a result of your default in payment.

To assist you in resolving this matter without recourse to legal action we agreed to accept repayment by monthly instalments and you have maintained a repayment programme since that date acknowledging the debt due to our client.

We are unable to provide you with a copy of your credit agreement in view of the age of the account but we confirm that no interest or charges have been added to your account since January 2005 and this account has not at any time been in dispute.

We trust we have clarified the position and look forward to receiving payments in accordance with the agreed terms."

 

Does this reply mean that this DCA are in the same situation as Scotcall are with me? Both admit they have no CCA.

[PriorityOne]

Result .. an admission that there's no CCA !!

 

Is there a CCJ on this one ? If not, then stop all payments, but keep this letter safe. If there is, then they'll need to prove it's existence. Since they haven't gone back to any "clients" for a CCA, they probably bought this one ages ago but don't want to tell you.

[The Janitor]

No CCJ on this account. Only the account I have with Cabot got a CCJ.

 

I'm a little puzzled by this one though as my credit file is still being updated under the entry "Barclays Masterloan" which is the account Credit Security LTD are holding. Although Barclays were the OC how come data is still being written to my credit file? Also, does this mean that as soon as I stop making payments on this account I will start getting defaults on my credit file?