Jump to content


CCA request ignored


allan48
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4522 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

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..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

 

 

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

Link to post
Share on other sites

  • 2 weeks later...

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

Link to post
Share on other sites

  • 2 weeks later...

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...