Advice re CCA requests etc

[Bazooka Boo]

I'm thinking of sending them back the letter and postal order (that they sent back to me) with that paragraph highlighted - and on their cover slip writing "please see highlighted paragraph" - just so that way the ball is firmly back in their court.

 

It won't do any harm, and tells them very firmly that you won't just roll over and dance to their tune.

[spark42]

Ok cool - i'll post that off tomorrow, thanks peeps!

 

I'll report back with any replies / further developments - i really appreciate all the help.

[hungrybear]

Ok cool - i'll post that off tomorrow, thanks peeps!

 

I'll report back with any replies / further developments - i really appreciate all the help.

 

 

If they send it all back again take the hint - they have no intention of enforcing beyond threat monkeying it.

 

And what amazes me is that monkeying is a real word!

[Bazooka Boo]

The Art of Monkeying Around - After another plan of Baboon's goes wrong, he blames it on the ninja monkeys and fires them. They start to move into the Valley and take up Skunk, Bird and Ox's private spots. Now they have to make it look like they were defeated by the monkeys, so Baboon can take them back.

 

I may be in need of some sleep!

[hungrybear]

The Art of Monkeying Around - After another plan of Baboon's goes wrong, he blames it on the ninja monkeys and fires them. They start to move into the Valley and take up Skunk, Bird and Ox's private spots. Now they have to make it look like they were defeated by the monkeys, so Baboon can take them back.

 

I may be in need of some sleep!

 

I have always worried about the advise of someone who likes the word bazooka.

 

I do hope you have kids though with that quote, it COULD be the only thing that saves you - and yes I have two which is why I ask in the desperate hope that you can be saved.

 

(sorry, way off topic but I believe the OP has them spark out now:D)

[spark42]

Hi again - ok, the 12+2 days is up and I've sent them the "account in dispute" letter today. I haven't heard anything more from Aktiv since their letter a couple of weeks ago, or from Credit Solutions since I sent them the letter back (with the paragraph highlighted) last week.

 

I'll post back if I hear anything further - I'm assuming they'lll try some threat badgering (thought I'd try a different animal verb!) once they receive this letter, but unless they send a copy of the credit agreement then I can just ignore them, is that correct?

 

Thanks again for the help with this, brilliant site, great advice - top stuff.

 

Hope you all have a great xmas, and a happy new year too - have a good 'un!

 

(and seeing as Rage Against The Machine are xmas no.1, the song I'm thinking of for this site is "Take The Power Back"... )

[ozzywizard]

unless they send a copy of the credit agreement then I can just ignore them, is that correct?

 

Yes exactly, the account is now in dispute. do not discuss on the phone, everything in writing and any letters they send let us know on this thread so we can advise further also keeps you a diary of events.

 

Rage against the machine rocks, it shows Simon Cowell he doesnt own the charts lol.

[spark42]

If they send it all back again take the hint - they have no intention of enforcing beyond threat monkeying it.

 

And what amazes me is that monkeying is a real word!

 

LOL you were right mate, that's exactly what they did!

 

I sent the letter back marking out the paragraph that clearly states their responsibility.

 

They've written back to me AGAIN returning my £1 fee and again asking me to contact the client directly.

 

The letter says:

 

"I write in reference to your letter dated 24th December 2009.

 

Please note I refer you to our previous letter dated 9th December 2009 whereby my colleague advised you that you would need to contact our client directly with your request for a copy of your Consumer Credit Agreement.

 

I enclose your £1.00 fee and a compliment slip in order for you to contact our client directly.

 

If you have any additional queries with regards to the content of this letter, please do not hesitate to contact me directly.

 

Yours sincerely,

 

Threat McMonkey

Complaints Officer"

 

Any advice? I could send the original letter back again, highlighting the paragraph that clearly states they are responsible for getting the CCA but I've already done that!

 

Or I suppose I can just ignore them now as they have not complied with my lawful request, the account is in dispute, and I am not liable for any payments until they provide the CCA I asked for?

 

If they send me any letters requesting payment I can just tefer them back to my original request which still hasn't been complied with.

Thannks in advance for any advice!

[reallymadwoman]

Ignore them. You've been reasonable and given them their chance, and anyway what are they going to do now?

 

If they follow the rules they can't badger you any more until your request has been complied with, so when they ignore the rules you would be quite entitled to write back and say 'no cca, account in dispute' without any reference to when or to whom you made the request. For all they know, you've taken their 'advice' and asked the OC and since they have no way of knowing if the OC has complied .....

 

Anyway, responding only encourages them in my experience. It's now one letter (or at least one stored on my computer, though I may have 'forgotten' to post a few) then ignore, ignore and ignore some more. The last 8 have just given up after between 0 and 3 letters.

[Huff&Puff]

If they continue to pursue you, report them to Trading Standards and the OFT for chasing a disputed debt. That often shuts them up.

[Bazooka Boo]

I would have a good drink, then when you wake up with a hangover compose a letter along the lines of,

 

Tahnk you for your recent correspondence where you have confirmed that you are not worthy to hold a credit licence.

 

I am pleased to inform you that I have passed your letters which incorrectly state that I have to fetch and carry for you, along with a formal complaint to the OFT and Trading Standards.

 

I am also pleased to hear that you will no longer be pursuing me for an unenforceable 'alleged' outstanding balance, due to the lack of any CCA, and your lack of knowledge surrounding debt collection.

 

Please accept this letter as my final correspondence with you and I have now closed my files on your company.

[spark42]

good stuff, cheers people!

 

I'll file that letter away and put them out of my mind.

 

Although i'm very tempted to write that letter to them giving them a taste of their own medicine!

 

At least Aktiv were quite civil about it, put the account on hold and said they'd endevour to find the cca.

Credit Solutions seem to be a different kettle of fish, but to be honest they were the worst ones for sending random doorstep collection and ccj threats for no apparent reason, i suppose it's par for the course for them!

 

once again thanks for all the invaluable advice. Superb website and one more people should know about - it's great that people can take these unscrupulous pirates on. *

 

*(not my first choice of what to call them but this is an open forum after all! )

[spark42]

Hello again!

 

Ok I've received a couple of letters with what look like credit agreements in them - what do I need to do, blank out any personal details / account numbers and scan them in, then upload them?

 

Bit miffed that they managed to find them...

[tracybeaker]

yep - get them scanned onto here - remember to remove anything that can identify you - barcodes, address, name etc etc and someone with much more knowledge than your truly will advise you....about the whether they can be enforced.

 

if you cant scan them - try taking a photo and uploading this via photobucket (google it) and you can post them this way.

 

i seem to remember a couple of recent threads about all collection agencies for Egg returning CCA requests and stating that you had to go back directly to Egg for the CCA - clearly nonsense but have a lookie on some Egg threads.

 

good luck with it all - hope things turn out good for you V the arrogant badgers

 

TB

[spark42]

Yeah, the couple I have are for Sainsbury's bank, the Egg one I did get a response like that so I've left it as it's quite clear in the cca request letter that they are responsible for getting the document... Silly dca's...

 

I'll get those two cca's scanned and uploaded tomorrow. Thanks for the advice!

[Bazooka Boo]

This will be interesting..

[spark42]

Haven't had a chance to get to the library yet to scan my documents in... Should get it done before this weekend though. Cheers again for the help.

 

Hopefully they'll not mind seeing as it took them about half a year to comply with my request!

 

Additionally I'm getting threatening letters from another one of the dca's - Fredrickson International - these people have not complied with my cca request and now they're saying they are going to advise their client (Egg) to instruct their solicitors to issue a "claim" against me.

 

Any advice on how to handle this? They told me to go direct to client but the cca request letter is quite clear that I don't have to and that it's their responsibility..

[reallymadwoman]

If you've read a few of the Egg threads you'll know why they haven't complied with your CCA request, and what to expect if they ever get around to it.

 

You could write back with the account in dispute - no CCA stuff (as I said much earlier they don't know if/when you sent your request to their client and if/when their client complied). Out of interest, approximately how much is the alleged debt in round figures - i.e. is it likely to be small claims?

[spark42]

Ah no I haven't read any of the Egg threads but I did take note of the advice that this might happen...

 

The dca sent my £1 postal order back so not sure if that counts as account in dispute? I could print one off and send it, like you say...

 

The Egg debt is approximately £3k, not sure if that's a small claims court amount... This is all still pretty confusing for me!

[reallymadwoman]

They are obliged to supply a copy of the CCA on request and they have no right to return your request and tell you to ask the original creditor, therefore they are in default. Also, they don't know if you did ask the OC, and if the OC is also in default, therefore you are perfectly within your rights to send the account in dispute letter, amended to match your circumstances.

 

3K is small claims. If they take you to court, they will not get costs so the objective now is to hint that it might not be worthwhile - i.e. you're not just going to roll over and pay up but will force them to prove that they have an enforceable agreement, the default notice was correctly issued and compliant, the notice of assignment was correctly issued and the balance they are claiming is accurate and includes no charges etc. Sending the account in dispute letter is the first step. If you want to tweak it yourself, then post up what you have I'll be happy to do some proof reading.

[spark42]

They are obliged to supply a copy of the CCA on request and they have no right to return your request and tell you to ask the original creditor, therefore they are in default. Also, they don't know if you did ask the OC, and if the OC is also in default, therefore you are perfectly within your rights to send the account in dispute letter, amended to match your circumstances.

 

3K is small claims. If they take you to court, they will not get costs so the objective now is to hint that it might not be worthwhile - i.e. you're not just going to roll over and pay up but will force them to prove that they have an enforceable agreement, the default notice was correctly issued and compliant, the notice of assignment was correctly issued and the balance they are claiming is accurate and includes no charges etc. Sending the account in dispute letter is the first step. If you want to tweak it yourself, then post up what you have I'll be happy to do some proof reading.

 

Thanks reallymadwoman - much appreciated!

 

I've printed off the "in dispute" letter and will send that off today.

 

I've also finally managed to figure out the stone age scanner in the library and will post up my CCA replies from Sainsbury Bank later.

 

Thanks again

[spark42]

Ok here are my two cca replies.

 

The first one is from Aktiv Kapital regarding a Sainsbury's Bank loan, balance about £5k. Original cca request sent 2nd December 09, this was received 23rd June.

 

The second one is from Hillesden Securities for aSainsbury's Bank loan, balance about £500. Original cca request sent 24th January this year. This was received 21st June.

 

They look proper to me but I'd appreciate any advice...

 

Thanks again

[Bazooka Boo]

Sorry there too small to read, and they both look like the same document??

[spark42]

Oops! Hmm don't know what went wrong there... Both are 1602 x 2268 .bmp files... Might try taking a photo.

 

They're both Sainsbury's Bank ones but are two separate ones.

[spark42]

Oops! Hmm don't know what went wrong there... Both are 1602 x 2268 .bmp files... Might try taking a photo.

 

They're both Sainsbury's Bank ones but are two separate ones.

 

ps they both look pretty genuine - what's the next step if they are?