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DLC and cca request


gwa70
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i,ve trawled through the posts but just want some clarification before i send my next letter.........its an egg loan and the query is.....

 

1...i sent a cca request to DLC dated 28/5/09

 

2..they sent back standard letter on 3/6/09.

 

3...they sent a photo copy of cca along with copies of statements in a letter dated 24/6/09.

 

4...i have received 2 letters from ARC dated 24/7/09 and trevor mullen dated 7/8/09 claiming they have been passed on the debt etc etc.......standard stuff and threat of court action within 10 days etc....

 

I assume i can write to DLC with a no compliance of CCA request letter telling them the debt is unenforcable??.....is this right as they have sent documents within 30 days so do they have any legal grounds to persue me ...

 

what of the other 2 letters....having not replied withing 12 days to my cca request what action is best is response to to mullen and arc..

 

many thanks in advance

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Can you scan and post up the response you did receive in reply to your CCA request so others can have a look also?

 

Or if you are happy enough that it doesn't comply fully to your CCA request then the failure to produce the valid document letter should be sent to DLC.

 

You can send ARC and trevor, the bemused letter, and they should drop it like a hot potato!!!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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can,t scan so this is exactly what it said

 

thankyou for your recent letter regarding the abouve account. i can confirm and advise the following..

1..i acknowledge receipt of your payment of £1 in association with your request for documents under section 77-79 of the consumer credit act 1974.

2 this account has been assigned to Hillesden Securities t/a direct legal and collections to collect on our clients behalf.

3 your request unde rthe consumer credit agreement act 1974 would normally be made directly to the client that legally owns the account in this case egg banking plc.....however we will put a request in to egg banking on your behalf for the documentation required.

4 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 77-79 of the consumer credit act 1974.

 

should you require anything further at this point please contact me accordingly. i will update you on developments in 21days if there are no developements beforehand....

 

A E Locke..

 

that was dated 3 june 2009.....

 

 

the next letter basically says here is the copy of the original agreement and copy statements as requested.....withing the next 14 days your accoutn will be returned to our collections teamfor collection activity to resume........that was dated 24th june 2009.

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just to ad..the CCA was one done online to is digitally signed...ie i ticked a box............can someone explain how this is enforcable without a signature....i thought they had to send you out a copy to get a proper signature on when they sent card etc .....

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Hi,

 

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

 

Electronic signatures weren't considered valid until this date.

 

This is the order...........

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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so should i declare this debt non existent with DLC in light of their failure to reply within 12 days.........or does the fact they did reply withing 30 days leave them in a position to go to court....??..........need to be 100% sure of my next move or it may prove costly

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Hi,

 

Regarding the CCA...............

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, the debtor may now however be in a good position to make a full and final offer to clear the debt.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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having read around some more can i ask if anyone has any dealing with egg cca,s and DLC........starting to wonder if this cca is genuine.....

 

also on page 1 CREDIT LIMIT it states - we will set and tell you the credit limit from time to time.

 

from what i,ve read on other threads this makes it unenforcable as the limit is not stated??........i am right?

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would also point out that i have never received any official deed of assignement from egg or DLC confirming they own this debt.........are they legally required to provide this and if so withing what time limit and are they in the wrong to persue me without a DOA

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could do with some advice please.............just wondered as i,ve moved house and my mail is being redirected and the cca wasn,t sent recorded delivery then would it be a good move to simply claim i,ve never received a reply as there would seem to be no way DLC could prove i,ve receieved it and i simply send them the 30 day letter and see if they back off???

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They will not back off so easy. They will just send you the same again by recorded delivery. The 12 day limit is as good as dead and buried. No one was ever prosecuted for breaching it.

 

If DLC have produced a valid properly executed CCA then it may be time to bite the bullet and negotiate

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well i,m wondering if the CCA is enforcable as it doesn,t have a credit limit stated on it.............it simply says they will advise me of my credit limit from time to time.........i,m led to believe this may make in unenforcable ...anyone offer any advice about this

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The only way we would be able to state for sure would be for you to scan and post all of the received CCA paperwork, do you have a friend or friendly office that could help?

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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