Confused Over Reply For Cca Request

[cerberusalert]

You don't have to do anything unless they try to restart collection activities again. The OFT will get back in touch if they need any further information.

[akmalyamin]

i havent paid them since i started this and i am not going to, so what will happen to the debt??

[cerberusalert]

The debt still exists it's just unenforceable.

[akmalyamin]

can they reinforce it at a later date,

the default letter was recieved on the 12-05-09 by the DCA how long do they have once the defaul letter is sent out to reply

[cerberusalert]

If they produce an enforceable agreement within six years of your last payment then yes they can still pursue.

 

You said that you've received a default notice, can you scan it; remove identifying details and post it up?

[akmalyamin]

sorry ment to say sent the Account In Dispute letter thay recieved it on the 12-05-09 athough cant find any default letter from my Orignal Creditor will have to digg deep into the peperwork to see what i do and dont have from the DCA and OC

[akmalyamin]

got my reply from OFT

Tele No

(084) 5722 4499

Our ref

Epic/Enq/E/61316

Fax

(020) 7211 8877

Date

19 May 2009

Email

[email protected]

 

Dear Mr Yamin

Consumer Credit Act 1974 (the Act)

Complaint Against: First Credit Management Limited

Licence No: 376968

Thank you for your email received on 9 May 2009.

 

I am very sorry to hear about the difficulties you have been experiencing, however the OFT has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers.

 

The above mentioned Act established a licensing system to protect the interests of consumers in the credit area. If a business wishes to undertake the collection of debts that arise from consumer credit agreements then the Act states that they are required to hold a consumer credit licence; this is issued by the OFT. The above trader holds a consumer credit licence. Under the Act, the OFT has a duty to consider the fitness of all traders who hold consumer credit licences.

In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied).

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

I have noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any licensing action we may decide to take. If we do take any licensing action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

 

We note that your email raises concern in regard to copies of credit agreement.

As you may know, s63 of the Act covers how and when lenders must provide consumers with a first (and where appropriate second) copy of a regulated agreement. It is clearly in the lender’s best interests to retain details of the original agreement and any subsequent variations or changes made to it, particularly as consumers can request a subsequent ‘true’ copy of most types of agreement under ss77 and 78 of the CCA (and on payment of the appropriate fee). There are rules about what is likely to constitute a ‘true copy’ under these sections of the Act. Further, if a consumer does make a valid request for a copy of their agreement under these provisions and the lender does not comply with the request the agreement may not be enforceable in the Courts, subject to any other mitigating factors.

 

Should you require specialist advice or assistance on the circumstances of your complaint (including in relation to the above provisions about copy requirements), you may wish to contact your local Citizens' Advice Bureau or seek advice direct from a legal adviser.

 

The Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. FOS can be contacted at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; telephone number, 0845 080 1800, or www.financial-ombudsman.org.uk.

 

Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

 

Olushola Egbowon

Enquiries and Reporting Centre

Office of Fair Trading

[akmalyamin]

How long do they have once they receive the dispute letter to reply they ot it on the 12-05-09

[akmalyamin]

Hi Guys got a call from the DCA 2day they left a message asking if i can resend the last letter sent (account in dispute) as the OC says was not signed and need this,

 

i sent the letter on the 07-05-2009 and 2day 18-06-09 is the only contact i have had still no Orignal Credit agreement from them..

 

dont know what they are playing? at what should be my next step.. and why would they need it signed??

[alfwithhair]

DO NOT under any curcumstances resend it 'signed'

All they want is your signiture.

This could be used to doctor up an agreement

[akmalyamin]

should i just send another letter or just ignore their request

[akmalyamin]

another letter asking why then now need it signed???

[alfwithhair]

You don't need to do anything. You have sent the 'account in dispute' letter and you know they have received it.

 

They are just trying it on, ignore them

[akmalyamin]

hi guys its been a while but the DCA are still looking for a sighed copy of my cca request they have said they require it as the OC has requested it. as mentioned before they have recieved the request infact lost it as well which they admited to which i resent unsigned again. is there somthing i can send them stating that they do not requre it signed as they have been sending me correspondance to the address before... to get them off my back.

[clemma]

Yep

 

Dear Sir/Madam,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/xxxx the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this matter.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 78 was made on xx/xx/xxxx and the 12 working days for your compliance expire on xx/xx/xxxx. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,