DCA say they never received CCA, what next?

[gibbyni]

I sent CCA's to all my creditors last year, a few got back but 1 never, over the last month I started getting calls from them so i sent the "Failiure to provide copy in timescale" letter.

 

They have just gotten back and said they never received the original request and to send it again woth the £1 payment. I have a copy of the CCA Requet, the recorded delivery slip (showes that it was delivered) and the recept for a postal order.

 

What should I do next? is there anyway to see if the postal order was cashes?

[Blondmusic]

Go to your local Post office and ask them if they can find out if it was cashed. If they can't tell you there they will point you in the right direction. If you have the recorded delivery slip and proof that they received it then i would send them copies to prove they did get the request. Do not send them anymore money.

[the_shadow]

Check the PO info posted by Elsa.

 

I wrote to:

Post Office

1 Future Walk

West Bars

CHESTERFIELD

S49 1PF

enclosing scans of the PO receipts and got written confirmation of date of cashing of each one. It took about a week.

Elsa x

 

S.

[42man]

You have made more than a reasonable effort to get the request to them, if you really have to write send them a copy of your original request and the recorded delivery slip.

[babybear39]

How convenient they didn't recieve it

 

Do as 42man says and send them a copy of the original letter and postal receipt

[babybear39]

Which DCA is it?

[gibbyni]

Hi,

 

Its NCO/RMA, I will see if I can call the post office number and see if they can tell me anything tomorrow.

[ashmk]

Call 01246 542500 (Royal mail postal order dept)

 

Its not an 'official' customer help line but they will check if its been cashed for you.

 

Sometimes they can be rude but they have never turned me away.

[creditcardmug]

Send this to the morons, along withyour proofs of service,

 

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

 

 

Re: =

 

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 the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 you enter into a default situation.

 

 

 

This limit has expired.

 

As you are no doubt aware section 77(4) 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.

 

Consequentially 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 will be reporting your actions to any such regulatory authorities as I see fit.

 

Yours Sincerely