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    • What you've just written complicates things. No, the snotty letter now needs to be changed so don't rush and send something off just yet. We see you've done your reading up - well done - so you'll have seen we have several cases with our mate Kev.  His MO is to hide signs in the undergrowth where no-one will see them, and ignore consideration & grace periods, so he can issue his invoices.  His antics mean that motorists are legally in the right not to pay his invoices.  And so far he hasn't had the bottle to do court. However, your case is different.  As much as we despise Kev, you didn't pay for the private car park that Kev "manages" but instead gave the money to a completely different car park run by the council.  In that case Kev does have the right to be miffed.  I've just a mock booking for Sea View car park on JustPark and it works no problem. I think you have two decisions to make. 1.  Do you want to do a chargeback with your bank to get back the £60 you paid?  I did a chargeback about a year ago for the first time, i didn't have a clue what to do, but the regulars here guided me and everything was painless. 2.  Although you are probably legally in the wrong and may have outed yourself as the driver do you want to refuse to pay Kev for the other two?  If Kev won't do court then after all his bluster you'll be in the clear. However, as there are two tickets involved (potentially three if you go for chargeback) Kev's geed might win over his lack of backbone and he may go for court. There's no easy solution.  Your choice.  We will of course support you all the way with what you decide.
    • Ok thanx  I keeping coming across this term “ holding defence”. Can someone explain what this is. Thanx. 
    • Thank you @lookinforinfo and @FTMDave.  The car park I paid for by mistake instead of this one was Cornwall council, not Alliance. Will the letter still be ok in this instance? Thank you so much again for your help. When you open the Just Park app in the  Alliance car park (Sea View) the first car park that comes up is Polzeath Beach. Both car parks are on the beach. The signs do not give a code for 'Sea View' anywhere. I also have not been able to find the landowner to complain. (not on land registry.) Please confirm whether above letter is ok to send, thanks again.
    • OK thanks, I noted them down when I checked the report - 3 have already expired, although if I'm adding the 14 days on then it'll be another week or so for those. The others are; end of July (so into August is that right?), end of August (these two are the big ones) and a couple of grand on Shop Direct at the end of November but seeing as this furthest one is Lowell and they have already missed those first 3 then I feel pretty safe with that one. Are these DN dates on the credit report that dates I should be looking at +14 days when their anniversaries come up this year as the time when I can be sure the debts are SB?  I won't be rushing to send the SB letters anyway until the final one has passed and I can just do them in one fell swoop.
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CCA letter question...


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I sent a CCA letter to a DCA on 14th July 06. I have heard nothing yet and its been past 14 working days. Does this now mean that the debt is unenforceable full stop, or that it is only unenforceable with that particular DCA? Am I going to be sending CCA letters for 6 years? LOL.

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

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Groovy. Ta v much. :D

My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

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Are you saying that a debt sold to a debt collection agency becomes unenforceable if the DCA dont send you a copy of the credit agreement. What if the debt is not sold to them, but they are just employed to obtain the payment. What letters do we write to start this ball rolling. My son has had 30 letters asking for payment of a debt due to the Halifax but its never the Halifax that write. I assume the DCA has bought the debt. I have always replied that no payment will be made until full details of the debt is sent including all statements. They never reply, except every few months another letter arrives. Its been going on for 3 years. My son has a default on his credit ref file for this debt. The thing is, we dispute the balance as his premium was insured during a years unemployment and our calculation believes the debt should be zero. Butv they never send a staement only a balance of £2000.

Its WAR

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Where is the CCA letter?

LOL!

Halifax Prelim letter sent 2/08 Fob off recv'd : 7/08, Settled 17/08, without LBA even being sent : £240 agreed, just £28 short of what we were claiming for!

 

BoS: All statments recieved, totalling £1,680 before intrest, 09/08 CCA Request sent to Hollis Briggs Solicitors, Prelim sent on 12/8. Hollis briggs never did reply to the S.A.R - (Subject Access Request). LBA has been sent, and action has begun in the small claims court! Return date 2/11, Prelim. hearing 9/11. Hollis Briggs have dropped the account, which is now back under BoS head office control! BoS ignored court claim, and din't reply at all. Spoke to rachel Hinchliffe, who said they did not recieve summons, now in her personal hands. 2/11 - Recieved noticed of debt collection on this account from Wescot, just more evidence of icompetency, and for court! :lol:

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Ooops, found it. Whats it doing in the DCA library? :p

Halifax Prelim letter sent 2/08 Fob off recv'd : 7/08, Settled 17/08, without LBA even being sent : £240 agreed, just £28 short of what we were claiming for!

 

BoS: All statments recieved, totalling £1,680 before intrest, 09/08 CCA Request sent to Hollis Briggs Solicitors, Prelim sent on 12/8. Hollis briggs never did reply to the S.A.R - (Subject Access Request). LBA has been sent, and action has begun in the small claims court! Return date 2/11, Prelim. hearing 9/11. Hollis Briggs have dropped the account, which is now back under BoS head office control! BoS ignored court claim, and din't reply at all. Spoke to rachel Hinchliffe, who said they did not recieve summons, now in her personal hands. 2/11 - Recieved noticed of debt collection on this account from Wescot, just more evidence of icompetency, and for court! :lol:

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  • 4 weeks later...
If the DCA dont respond with your credit agreement in 12 days they have commited an offence, if they dont respond after an additional 30 days the debt becomes unenforceable - I'm not sure how you enforce the law in this respect but there will be something on here somewhere.

 

Do you have a reference for this information?

 

I have a friend who keeps getting DCA letters for a debt that she believes doesn't exist. She sent the CCA letter template asking for a copy of the agreement giving them 4 weeks to send it. Time limit passed about a week ago and she never received a reply. Does this mean that they cannot enforce the debt now? What action does she take now?

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yes, they are in default after 12 days, the debt only remains unenforceable whilst they are in default, offence commited after been in default for one month,

eg will chasing the loan be worth the hassle of defending the offence for them?

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I'm sure I read on one of the threads that after the 12 working days it is then one calender month until the debt becomes unenforcable and if they want to pursue you after this they have to get court permission before they can! presumably they won't want to do this because they would have to explain to the judge why they didn't supply the requested documents and effectively committed an offence. Will try and find the thread to back this up but will bow to anyone's superior knowledge in the meantime!! :-D

Igroup - S.A.R - (Subject Access Request) sent 07/08 - not signed for so second sent 24/08 prelim sent 03/10 LBA prepared for Wednesday (if I can get my blinking printer working!!)

Gmac - S.A.R - (Subject Access Request) sent 07/08 - reply rec. 31/08 prelim sent 03/10 LBA prepared for Weds (subject to printer playing nicely!!)

Lloyds bank account - S.A.R - (Subject Access Request) sent 07/08 prelim sent 14/09 LBA sent 03/10 final go away letter received so now waiting for payday to start MCOL

Capital one V - CCA sent 07/08 - now in default

Capital one M - CCA sent 07/08 - now in default

Lloyds V - CCA sent 07/08 - info provided so now to S.A.R - (Subject Access Request)

Lloyds M - CCA sent 07/08 - info provided so now to SAR

Capquest/Citicards - CCA sent 07/08 - now in default

Cabot/Monument - CCA sent 07/08 - now in default

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I'm sure I read on one of the threads that after the 12 working days it is then one calender month until the debt becomes unenforcable and if they want to pursue you after this they have to get court permission before they can! presumably they won't want to do this because they would have to explain to the judge why they didn't supply the requested documents and effectively committed an offence. Will try and find the thread to back this up but will bow to anyone's superior knowledge in the meantime!! :-D

 

Mickey you are correct under the consumer credit act 1974 s78, and s77 they have 12 working days from receipt of your requst and £1 to supply docs, or they are in default ,after the 12 working days they have one month and then they have committed a criminal offence. It is then up to them to expalin to judge and get permission to enforce debt - but they would be looking pretty stupid. I would suggest after the one month that you agreed a sort of out of court claim - ie they write the debt off and in return you do not report them to relevant bodies, and therefore they maintain their credit licence, etc

Consumer Health Forums - where you can discuss any health or relationship matters.

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So glad you confirmed that gizmo, it's what i'm counting on!!!

Igroup - S.A.R - (Subject Access Request) sent 07/08 - not signed for so second sent 24/08 prelim sent 03/10 LBA prepared for Wednesday (if I can get my blinking printer working!!)

Gmac - S.A.R - (Subject Access Request) sent 07/08 - reply rec. 31/08 prelim sent 03/10 LBA prepared for Weds (subject to printer playing nicely!!)

Lloyds bank account - S.A.R - (Subject Access Request) sent 07/08 prelim sent 14/09 LBA sent 03/10 final go away letter received so now waiting for payday to start MCOL

Capital one V - CCA sent 07/08 - now in default

Capital one M - CCA sent 07/08 - now in default

Lloyds V - CCA sent 07/08 - info provided so now to S.A.R - (Subject Access Request)

Lloyds M - CCA sent 07/08 - info provided so now to SAR

Capquest/Citicards - CCA sent 07/08 - now in default

Cabot/Monument - CCA sent 07/08 - now in default

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  • 3 weeks later...
Mickey you are correct under the consumer credit act 1974 s78, and s77 they have 12 working days from receipt of your requst and £1 to supply docs, or they are in default ,after the 12 working days they have one month and then they have committed a criminal offence. It is then up to them to expalin to judge and get permission to enforce debt - but they would be looking pretty stupid. I would suggest after the one month that you agreed a sort of out of court claim - ie they write the debt off and in return you do not report them to relevant bodies, and therefore they maintain their credit licence, etc

 

Has anyone actually had any luck with this? If so, which DCA was it, and how much did you settle for etc?

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  • 3 weeks later...
Yep - had 2 debts written off for someone - 1700 GCC Debt reocvery and £900 premier man.

 

Did thid effect your credit rating? Did you have to take action for a removal of a default? Please let me know more I would be very grateful.

 

Spidee9 XXX

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Did thid effect your credit rating? Did you have to take action for a removal of a default? Please let me know more I would be very grateful.

 

Spidee9 XXX

 

Well they said were going to register a default - but the person concerned is in so much debt that we haven't bothered checking - I beleive you will have to take action to remove the default.

Consumer Health Forums - where you can discuss any health or relationship matters.

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What's the situation if they have got a ccj against you. It was undefended and so gained by default. If they don't come up with the agreement is it safe to apply for the judgement to be set aside?

 

i don't know - but there are rules on the set aside - and a it will be questioned why you waited so long - but I am no expert in that area - zooman has vry good knowledge in this area so try to bring it to his attention.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 4 weeks later...

Hi

I sent a CCA letter [with a £1 cheque] to Studio cards and gifts on 14/03/06. On 12/04/06 I received a blank CCA. As of yet, I have not received a copy of my signed credit agreement.

 

Today, I have received a letter saying that if I do not pay the outstanding amount within seven days they will commence with court action to recover the debt.

 

I have spoken to their customer relations dept and they say they do not have to send the original signed CCA and a blank copy will suffice - they are sending out another one for me to sign and return to update their records!

 

The question is, is this debt unenforceable because they have not sent out the properly signed CCA or are studio correct that a blank copy fulfils their legal requirement?

 

TIA

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On the same subject got a response to a CCA letter from Hillesden Securities:

 

2. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 78 of the Consumer Credit Act 1974.
I assume they mean they will send a blank copy. There is no way this can satisfy s78 is there?
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  • 6 months later...

The link below has a selction of templates. The CCA is N. Happy 'copy and pasting' :D !

 

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

 

Start your own thread if you want any support. Good luck!

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 7 months later...

Hello all

Can some one help me plz,CCA letter what is it,and where do i get it from, and what sort of thing do i write in it? hope some one can help :)

As i am being chased by lowell portfolio 1 for a debt, from 16 years ago,credit card :(. i have not replayed to there letters thay have sent me,i am just starting to panic now :(.

 

anyway great site :)

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Case, don't bother with CCA as this debt should be statute barred by now.

send Lowell a letter to that effect.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter M

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded delivery

Be VERY careful whose advice you listen too

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