Bank denying rcpt of CCA yet credited a/c with £1 !

[Undercover-Elsa]

My bank has denied receiving my CCA request, yet has credited my C Card with the £1. The request was sent recorded and the PO was stapled to the letter!

Is this one of their usual tactics?

Any opinions on the best response appreciated. (Keep it clean! )

Many thanks,

Elsa x

Edited May 28, 2009 by Nurse-Elsa

[count orlok]

I beleive in theory can do what they want with the money, unless you specifically said the fee was for the request and not to be used for anything else. The fee is only the max they can charge, there is nothing to say they can't do it for free. The facts are you can prove they had the request. Not only can you prove they got the letter by the recorded delivery, you can also prove they got it because they cashed it. only problem is they could use it to start the clock running again on a soon to be statute bared debt.

 

It is quite common for creditors to pay the money off the debt.

 

They can deny they have received request, but when it comes down to it, it makes no difference what they say. They HAVE received it and if they don't produce it they are in default.

[NailPost]

They can't use the quid to reset (or even restart) the clock on a statute debt, especially if the letter makes clear that you are making a CCA request. You are entitled to do this even if the matter is not in dispute and you are up to date with payments. Pointing this out to Halifax should be sufficient to get them to back off. If Halifax have palmed this off onto a debt collector then you may have some difficulties - it all depends if the person opening the letters that day has brought his braincell to work.

[Undercover-Elsa]

Hi,

thanks to you both. No its not gone to a DCA yet, nor have I received a DN, but no payments made for about 4 months. The CCA was received by them on 4th March so the account is now in dispute. Do I have to officially notify them of this or is it an automatic fact?

Thanks again,

Elsa x

[cerberusalert]

I think it may be wise if people wrote the actual P.O no.,/cheque no., on the CCA requests to prevent future confusion.

 

Sent the 'In Dispute' letter.

[cerberusalert]

Just as insurance make reference to the p.o number in your dispute letter.

[Undercover-Elsa]

Thanks Cerberusalert..

Good job I referenced everything as per advice on here!

 

A hypothetical question... if they issued a DN for the arrears amount whilst the account is in dispute... and subsequently terminated the account on the back of the DN...

Since the DN would presumably be void as issued while the account was in dispute...would the hypothetical creditor only be able to chase the alleged debtor for the arrears rather than the full amount, since the account was terminated?

Just a thought..hypothesising you understand.

Elsa x

[cerberusalert]

A hypothetical question... if they issued a DN for the arrears amount whilst the account is in dispute... and subsequently terminated the account on the back of the DN...

Since the DN would presumably be void as issued while the account was in dispute...would the hypothetical creditor only be able to chase the alleged debtor for the arrears rather than the full amount, since the account was terminated?

 

Yes

[Undercover-Elsa]

well I never!

[Undercover-Elsa]

Update: Got another letter in later post ignoring CCA and threatening doorstep visit..even though I already sent the the no visits letter and threatened a formal complaint over the conduct of the first one they sent. Sigh. Might as well write to Santa.

Best hurry up and send the account in dispute letter. Presumably must be by Recorded?

Elsa x

Edited May 28, 2009 by Nurse-Elsa

[cerberusalert]

Yes send it recorded so you have a verifiable paper trail.

[pinky1977]

yes send everything signed for

 

so if you ever needed to track a letter you can look on royal mail tracking service and prove they have recevied it

[Undercover-Elsa]

Thanks guys..going to be able to paper the spare room with them soon..shame they're not in a nice colour.

[diddydicky]

perhaps you could write to them and point out that having disputed the account etc and requested no personal visits , that they advise you the date and time their representative will be attending as you wish to arrange to have a policed presence to report an offence of demanding money with menaces!

[palomino]

Hi,

thanks to you both. No its not gone to a DCA yet, nor have I received a DN, but no payments made for about 4 months. The CCA was received by them on 4th March so the account is now in dispute. Do I have to officially notify them of this or is it an automatic fact?

Thanks again,

Elsa x

 

No, it's not in dispute, it's in default.

 

If you want to dispute the matter you have to write and tell them you are doing so.

[Undercover-Elsa]

No, it's not in dispute, it's in default.

 

If you want to dispute the matter you have to write and tell them you are doing so.

Thanks everyone, and thanks for clarifying that Palomino,

This begs the question: is a Statutory Default Notice valid if issued while the account is in default for non production of full CCA request docs? (regardless of whether I have written yet to place account in dispute).

Many thanks,

Elsa x

[Hopster]

keep me posted on this one please.