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Confused Over Reply For Cca Request


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Hi im a newbie and used this great forum to get some info on requesting a CCA from ITERUM JUSTITIA, (09-04-09) and received a letter back from them stating that they were not the original creditor and will forward on my request to them (RBS) the 12 + 2 days are up soon and don’ know where I stand on this should o write back saying that they were collecting the debt and should provide it although they have always on the phone said were collecting on behalf of RBS. I also sent them a request asking for any data they hold on me and they replied back saying that the request should have been sent to RBS who hold your data but I was looking for the data they hold on me. Im quite confused in what I should do. When dealing with them on the phone I find myself hitting a brick wall speaking to ill-informed people one of whom told me that they are regulated by the FSA would this be true? I NEED SOME HELP WHAT SHOULD OR CAN I DO

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Firstly; NEVER SPEAK TO A DCA ON THE PHONE

Secondly; NEVER EVER SPEAK TO A DCA ON THE PHONE

Thirdly; NEVER NEVER NEVER SPEAK TO A DCA ON THE PHONE

 

Iterum Justica are correct in stating they ae not the original creditor but are bound to pass your request on the their client, which they have done.

 

There is nothing else to do now until 12+2 days have passed since making your request. After that time your can dispute the debt and cease making any payment and the account remains unenforceable intil such time as your fulfill your request.

 

Once the 12+2 deadline has passed send them this

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gifforumbox_left_tile.gifforumbox_right_tile.gifforumbox_bottom_left.gifforumbox_bottom_tile.gifforumbox_bottom_right.gif

 

Your SAR should go to RBS as they are the original creditors and so hold the information IJ are merely collection agents

Edited by alfwithhair
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thanks for that alfwithhair will keep that in mind and will bide my time although before i stumbled onto this forum is sent them a payment after which i requested my cca but they have not cashed my payment i am worried that i sent them my pro rata payment by check and then a week later sent them my cca request as i have read the dodgy things that they can get upto!!

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  • 3 weeks later...

i have sent a CCA although was to the DCA who recieved it on the 09-04-09 although i think i should have sent it to the orignal creditior??? anyway i sent it to the DCA who have now said that they passed on my request to the orignal Creditor who is now saying (the orig Creditor) they did not recieve anything!!! what shall i do as the DCA said to resend the rewuest or send it direct to the Creditor.. (RBS)

 

is this their way of buying more time!!

i was going to send this letter

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

Print name do not sign

 

but not sure now????

 

Need some help here:-?

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You've already sent the request, you have evidence from the DCA themselves stating that they were passing it onto the original creditor...as they are required to do under the CCA 1974. So there is no need to resend it.

 

If the 12+2 days are up, then send the 'In Dispute' letter as the DCA have not fullfilled their legal obligations.

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thanks for the replys

 

so just so that im 100% on this still send the letter to the DCA, as they have admited they sent the request but to bank they didnt recieve it but the DCA has no Coppies according to them

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Well waiting for me when i got home today was a letter from the DCA First Credit Mgmnt Ltd

 

Dear Mr XXXXXX

 

Client RBS

Balance:£xxx.xx

Client Ref: XXXXXXXXXXXXXXXXX

 

Thank You for recent letter requesting copy application unfortunately the letter we sent direct to Natwest and you (i think they need to check their grammar b4 they send out letters) chq (yes they wrote chq ) has been mislaid in the post. Please reissue to CCCA Requests, 1st floor Debt Recovery, PO Box 5747, Southend on Sea, SS1 9AJ.

 

Sorry for any inconvenience caused should you require any further information please do not hesitate to contact us.

 

 

Yours sincerely

 

Roger Brown

FCM Ltd

 

 

well cant beleive they actully put it in writing:confused:

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Yes;

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Make a complaint to the OFT;

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

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With the debt being transferred to the DCA it is their sole responsibilty to comply with your CCA request under the CCA 1974.

 

You have postal proof that you requested it, they have admitted receiving it. It is their duty under the Act to provide the document so it is utterly pointless requesting it again.

 

As I said earlier send the dispute letter & make a complaint to the OFT.

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I am extremely P**** off at First Credit Management, they keep calling and leaving messages to call them back quoting my ref number they call every day albeit only once a day but its really …… I sent them the letter as above in my posts as they failed to comply with the CCA after admitting it got lost in the post, I sent them a copy of the cca request but no payment as was sent already and as they put it got lost in the post when forwarding it to the original Creditor, so not sure what to do???? Should I send them another payment or ignore them, ???? I do feel giving them a piece of my mind but as I have read on this forum calling them is not the best idea…

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Do not call them, ever. It is one of the golden rules of CAG. Put everything in writing. You do not need to do another request, as cerber has mentioned earlier - you have proof you sent they request and they have admitted receiving it. Have you sent the telephone harassment letter? There is a brilliant one by diskmandave:

 

harass1.jpg

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If they signed for the letter, then they have received the payment. If they forwarded that payment to the OC would they really send it through the post? I think not. I would just wait and see what they say next. They will be fully aware of their obligations, and it seems like they are trying to get out of it by using delaying tactics.

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  • 2 weeks later...

hi guys i have sent the dispute letter they recieveed it on the 12-05-09 and tried to make a complaint but not heard anything from the oft yet just want to know what my next steop should be?? the DCA have stoped calling as well which is good but did have a few missed calls from them a while ago but nothing since.... any help is appreciated

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