Sinking vs Cap One

[sinking]

Sounds strange but I think i'm starting to follow how all this works now.....

 

I have a Cap One debt which is being pursued by Bryan Carter (DCA) whih I have been paying at £1 per month.

 

I posted a CCA request to Carter in early August and they replied middle October stating they are unable to provide the information and returned my £1. If I want, I can request the documentation direct from Cap One. But I MUST continue to maintain payments as agreed.

 

I am about to fire a letter off to Carter stating they have failed to comply with my CCA request under s78 of the Consumer Credit Act and to cease all communication with me.

 

I suspect this will force Carter to return the file to Cap One.

 

Should I :

1. Send the letter to Carter and then do nothing ?
   
2. Send the letter to Carter and CCA Cap One ?
   
3. Don't send the letter to Carter and CCA Cap One ?
   
4. Send a Dispute to Carter ?
   

Am I also right in thinking a DCA has to comply with a CCA request in the same way as a creditor ?

 

Thanks, S.

[the_shadow]

Am I also right in thinking a DCA has to comply with a CCA request in the same way as a creditor ?

 

Thanks, S.

 

If you used the CCA request template from this site then yes, it would have had in it the section below.

 

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.

 

Send a letter to Carter stating that you expect him to supply the agreement in accordance with the CCA1974 act.

 

S.

[sinking]

Shadow,

 

Perfect! Thank you