Clarity saying contact Northern Rock for CA

[Cobra29]

Hi all

 

I requested a copy of my Credit Agreement for a Northern Rock Loan from Clarity who are dealing with this account, but they have returned my £1 chewque and told me to contact Northern Rock direct.

 

Should I have to do this or can I send Clarity the dispute letter as thay have not complied with my request and the 12+2 days have lapsed?

 

Thanks for your help

[cerberusalert]

Send Clarity the 'In Dispute' letter & remind them of this little gem;

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

[Cobra29]

Thanks, I'll fire off a letter!

[Cobra29]

Ok. I sent the "Account in Dispute" letter including the bit about;

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

as suggested by cerberusalert, but today I have received another letter from them saying again that I need to contact Northern Rock direct for a copy of the CCA.

 

What should I do now?

 

Thanks

[alfwithhair]

Absolutly nothing. You made a legal request, have put the account in dispute and it remains that way until such time as they comply with the CCA request. So stop all payment (if you are making any) until they prove they have the right to collect by supplying the requested document

 

I would also complain to trading standards and the OFT about their non response

[cerberusalert]

As above;

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

debtcollectionguidance@oft.gsi.gov.uk

 

 

tel: 020 7211 5823

 

Also send the 'In Dispute' letter to Clarity;http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[harrassed senior]

This is what I received from Clarity this week in response to my CCA request.

 

Given the information you have requested, please be advised that I have returned this account to our client. Any further communication will come direct from them. Please find enclosed your returned £1 postal order.

 

Their client is Cabot, so, as usual SB anyway.