DCA strange reply to CCA Request?

[abby1234519]

I sent a CCA request to Reliable Collections for VivalaDiva and Simply Be.

 

As in two different accounts. I've had a reply for ONE of them.

"In relation to your request for a copy of the executed agreement under section 78 of the Consumer Credit Act 1974, under regulation 3 (2)(b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 there is no requirement to provide a photocopy of the agreement bearing your signature, it is sufficient that we supply you with a "True Copy" of the agreement setting out the terms and conditions to which you have have agreed. A "True Copy" of the Credit Agreement sent out to you when the account was opened."

 

I don't understand? They've sent me a Credit agreement that you send half back to them. They've filled my name and address (the address that was at the time) and obviously my signature is blank and above it says "This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms. But I didn't sign it or send it back.

 

So what next? I have debts with about 7 creditors. I am only challenging one or two because I know I didn't sign a CA I am paying the rest, I know its sort of morally wrong to try to wriggle out of this but as I am going to uni it would make the load easier to bear.

 

So what should I reply saying?

[lickthewallfatboy]

hit them with this

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

there's no wriggling out of that one

[abby1234519]

Sorry I'll need it explaining simply, I'm only a simple lady

[lickthewallfatboy]

a request under Court Civil Procedure rules for the agreement

 

there should be a letter on that thread

[abby1234519]

Ahhh I've found the letter!! Printing it and sending it off tomorrow via recorded delivery.

 

Any idea what they are likely to reply? I mean I know for a fact they do not have a signed agreement from me

[abby1234519]

ALSO I sent a CCA request to Littlewoods and CCS Collect on 25/06/09. I didn't send it recorded, I wanted to see if they replied anyway, should I wait to see if they do reply or start over and send the letter we've just discussed?

[lickthewallfatboy]

you may well get nothing back at all

 

happened to me with another idiotic DCA

[lickthewallfatboy]

ALSO I sent a CCA request to Littlewoods and CCS Collect on 25/06/09. I didn't send it recorded, I wanted to see if they replied anyway, should I wait to see if they do reply or start over and send the letter we've just discussed?

 

if they haven't sent anything back,wait until they start hassling you again

[abby1234519]

Yes but isn't the idea that if they don't send anything back then the debt is invalid?

[harrassed senior]

No, not invalid just unenforceable through a Court. The debt will always still exist, but most Courts cannot or will not make an order for payment without a correctly completed CCA.

 

These usually just get sold on to the next DCA and it starts all over again.