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allan48

CCA request ignored

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can you give advice.

i asked a claims management company to initiate a claim against HSBC VISA opened 2002 and constantly adding insurance to the account and Northern Rock since 11/05. Potential for unenforceable loan (25K over 8 years). They sent requests for CCA's late march and as yet have received no information from either. NR cashed £10 cheque on 3/6. Claims management company are giving no advice until they see the CCA. Should i start again with request from myself or take ownership of the problem with letter of dispute for in excess of the 40 days.

 

allan

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YES

 

and save yourself a bundle.

 

who says they sent a CCA, i bet they didn't!!!

 

do it yourself we''ll help

 

all the info is on the homepage.

 

dx

 

PS why £10??? CCA is £1!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Sorry allan ,meant to get back to you earlier , but you're in good hands with dx100uk ...:)

 

As he says , we'll all help - if you want to request your CCA letter 'N' on the link below is the one ......

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

It costs £1 and they have 12 working days + 2 (for post) to reply before they're in breach ...... (remember to send 'Recorded Delivery)

If they don't reply , come back and we'll sort out another letter for them .

 

Anything you're unsure about , just come back an ask - someone will answer and we're user friendly on here :D


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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will do - thanks

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both sent and delivered yesterday - now we wait

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Well done allan , :)

 

If they're running true to form , you will probably get a template letter telling you what they reckon they're entitled to get away with sending you.... together with a blank copy of 'what you might have signed ' -but no other details on it .

 

This seems to be par for the course at the moment - if that's the case come back and we can take it to the next stage ......


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi people

 

2 secret phone calls received today asking to ring back on 08454789706. Checked and it is Northern Rock. Track and trace tell me the request was delivered on 21 july 2009. So this is day 10 of second request and day 2 after their payment date.

 

allan

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further info

 

just been rung by a chap called stephen asking why i was in dispute and whether it was a claim against PPI. I politely informed him that it was my right to have a copy of the CCA and i was not in dispute yet.!!

 

allan

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oh so you've got ppi on it?

 

if so get it reclaimed.with interest!

 

dx

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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dx

 

i have no PPI on it and am surprised they brought it up

 

allan

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Hi allan , time to call it up then I think ..... send them something like:

 

CCA Call-up letter

Reference ....... (your letter of xx xxx xx)

I am disappointed that you have failed to respond to my request for a copy of my Loan agreement to which I am entitled under the Consumer Credit Act 1974 (Sections 77−79). A copy of this letter is attached for your convenience.

I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I am sure you also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading.

Yours faithfully

You could add :

"PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "

Let's see what kind of result that gets ..... :)


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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johnny

 

by my calculation 12 days is up on thursday so will post on friday - recorded delivery unless they magic up an agreement by then

 

allan

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letter from Northern Rock received today and dated 3/8

 

Dear XXX

 

arrears of £359.99

 

your monthly payment of £360.99 due on 1/8 has not been received and as a result, your loan account is now in arrears.

 

BLAH,BLAH, BLAH.

 

Looks like my £1 for the CCA has been deducted from my arrears!!!

 

allan48

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day 12

 

no reply

 

so they will get mine!!

 

allan48

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Text of letter to be sent tomorrow

Dear Sir/Madam

 

I am disappointed that you have failed to respond to my request on 18/07/09 via recorded delivery, requesting a true copy of the signed agreement under the terms of the sections. 77(1) and 78(1) of the CCA 1974, enclosing the statutory maximum fee of £1 in the form of a postal order. I am fully aware that this was delivered to you on 21/7/09. You have cashed my £1.00 payment and have yet to disclose the meaning of the £10 cheque that YOU CASHED on 3/6/09.

 

I have not been provided with a true copy of any signed agreement under the Consumer Credit Act, despite my properly formatted and paid for request within the timescales permitted within the Act.

 

I do not therefore acknowledge any debt to Northern Rock

 

I will no longer be making payments against this alleged "debt" as it is unenforceable and you have no authority to claim monies from me, as non compliance with my original request this will be a complete defence to any court claim that may be issued.

 

Failure to respond positively will be reported to the Financial Ombudsman Service and the Office of Fair Trading.

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) ".

Yours faithfully

xxx

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Thats fine Alan :) where did the £10 come from? how did you pay for the CCA section 78 request?

 

It sounds like they have mixed up a CCA request and a full SAR and taken both fees :rolleyes: which isn't a bad thing if they provide all of the information required by a full SAR... everything they have on their system which has anything to do with you :D it normally comes in a big box and is very informative ;).

 

pete

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no response from HSBC VISA, so similar letter is going off tonight.

 

Allan48

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i have recieved today from Northern Rock a photocopy of the original CCA. Is there a next step or is it unenforceable.

 

allan48

northern rock cca.doc

Edited by allan48
increase sizes

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Hi allan , it's not coming up large enough to make much of it ....... try posting it through photobucket or something similar ....

 

btw ..... Is that all there was ? seems to me there should be a lot more than that ...... :)


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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see change in size Johnny

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Eh ....... whereabouts , allan ? LOL !! :D


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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link number 18 - now on page 1

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Well allan , it looks pretty watertight to me - the arithmetic is spot-on and it's signed and dated by both you and the bank ....

 

I still think there should be more of it -:confused:


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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yep where are the t&C which must be on the back of that doc?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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the t and c are present on the reverse of my copy so i guess they could not be bothered to photocopy both sides. looks like the game is up on this one. Still have to wait and see with HSBC VISA.

 

Allan48

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