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    • Quick update. I've now recieved a letter before action from them with a form to return enclosed, still no credit agreement however. I assume just a case of following the other thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
    • HI all, This is done now. My daughter and her fella are currently in the process of remortgaging so they just paid it out of panic. Thank you anyway DX
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No CCA From DCA


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Sent a CCA request to a Debt Collection Agency who have taken over the 'managing' of my credit card debt from the original card company.

 

I got back a letter saying that they didn't have the CCA and that I should take the request to the credit card company.

 

Now, from reading this forum - but I can't find it noiw - I believe that to enforce the debt, the DCA should have a copy of the CCA. Am I right and, if I am, does this mean I can write to them telling them to go away? I presume that if I do this they'll then return the debt to the credit card company and I then CCA them.

 

Any help gratefully received and if there's a letter template for this please let me know.

 

Thanks in advance.

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Now, from reading this forum - but I can't find it noiw - I believe that to enforce the debt, the DCA should have a copy of the CCA. Am I right and, if I am, does this mean I can write to them telling them to go away?
yes and yes, send the muppets this;

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

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Thanks, found that template earlier, but it says 'The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.'

 

As the original CCA wasn't with them, they'll never be able to provide me with something they signed. Might be being stupid here, so if I am please put me right!

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42Man, thanks for your input too. Haven't got the letter the DCA sent to hand, but they said that they didn't have a copy of the CCA and that I needed to get that from the original credit card company.

 

Reading the link you sent, it suggests that's for when they do send something but not what you asked for.

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Hi send this to DCA

 

Address

 

Date

 

Dear Sir/Madam

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

 

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.

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.

 

Yours faithfully.

 

 

 

dpick

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  • 2 weeks later...

Righ then, got letter back from the DCA saying that they have complied with my request for the CCA as they told me to get it from the Credit Card Company and not them and also because they returned my £1.

 

My guess is that I should now send the letter suggested by dpick above. Can anyone confirm this and / or offer further advice please.

 

Thanks in advance.

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Yes, it's their responsibility to provide the CCA. You could also make a complaint to Trading Standards & the OFT.

 

Cerberusalert, thanks, will send a slightly edited version of the letter - mainly because they did return the £1.

 

I'll leave the OFT and Trading Standards for now...unless you think I shouldn't of course!

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  • 4 weeks later...

Back again!

 

Have had some interesting letters from the DCA. They kept insisting that it was me that had to request the CCA from the Credit Card Company, depsite my sending the letter (and a modified version) by dpick above.

 

Received another letter from them on Friday where they seem to have given up on that line of attack and now are simply saying that as I've missed payments - beacuse they can't enforce the debt! - I need to pay up now or they'll send the boys round.

 

I'm going to reply to them again pointing out that as they're in default of the CCA request, they can't enforce the debt and that trying to do so is illegal, but I think I need to up the ante a bit too. Who should I write to to complain about this DCA? They are members of the CSA so that's one place and Trading Standards too I guess, but anyone else? Given they're still harassing me for the money, who do I write to to complain about that?

 

Any help, as always, gratefully received.

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Cerberusalert,

 

Thanks that was the letter I'd seen and was wondering about. Will add that to the bottom of the letter I'll be sending them to point out - yet again - that as they haven't produced the CCA (which by their own admission they don't have!) they cannot enforce the debt.

 

Who can I complain to about these muppets - Newman - OFT, CSA, Trading Standards, anyone else? And is there anywhere on this site that I can find the addresses I need?

 

Thanks again for help received and in anticipation of future...

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  • 2 weeks later...

Back again!

 

Following my last letter to them, the DCA have replied and repeated that they've told me to go back to the original creditor for a copy of the CCA!

 

I presume - but would appreciate someone confirming please - that this is correct:

 

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.

 

They've also said that the cheque for £1 that I sent when I made the original CCA Request has been 'applied to my account'. This isn't allowed is it?

 

Best bit about that £1 cheque is that it was actually a postal order...and they returned it!

 

As always, thanks in advance of any help received.

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  • 4 weeks later...
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