Multiple Creditors - Support Please!

[rosierose]

It may be preferable to use s77,78 or 79 though

[Saint2K]

It may be preferable to use s77,78 or 79 though

 

Hi.

 

What are these sections that your quoting here?

[rosierose]

These are sections of the Act that require a creditor to sent a copy of the agreement along with some other information. There's a sticky here for the full text of the Act here:http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html#post214254Do read the CCA thread though before taking any action. CheersRosie

[Saint2K]

Hello.

 

I posted a similar question on the MSE forums but so far I haven't received any definitive information.

 

I am selling a couple of items to my OH. I want to keep an accurate record and provide my OH with a receipt for these items. This is so that we both have accurate records to show who owns what items.

 

What's the best way to produce a receipt? ... What format should it take?

 

I was thinking of just making a template on Microsoft Word which details the item, description, payment amount and both our signatures.

 

Would this be acceptable?

 

This receipt should be acceptable so that even a Court would accept it.

 

I appreciate your thoughts on this matter.

[Jeff2000]

Hello,

 

That would probably do. Don't forget to date it!

 

Alternatively, you could buy one of those invoice books from places like WH Smiths!

 

Hope this helps.

 

 

Jeff.

[Saint2K]

Hello.

 

I am running my own self managed DMP and have been now for around a year and a half.

 

Mostly smooth sailing thus far, mainly thanks to sites such as this which are a wealth of information. I have learnt so much over the past twelve months, its amazing!

 

Anyway, I digress from my current problem.

 

One of the DCA that I am dealing with have started 'acting up' and sending me threatening letters. I am fully aware these are a tactic to try and pressure me into paying more.

 

However, based on some advice I received on here, I sent a CCA request to the DCA.

 

This was done with the aim of preventing them from taking any legal action, if there threat was actually serious that is, and obviously only a stop gap solution until they found the CCA.

 

I sent them a further letter quoting harrassment and the Administration of Justice Act 1970 and received an apology.

 

So, the situation seems to have returned to normal. Except, I have yet to receive the CCA.

 

It has been more than 12 days, but has not been more than a month.

 

Should I just forget about the request now, and if there is ever a future threat aof Court action, then I can just mention the fact they have commited a criminal offence by not supplying the information, or should I infact chase this CCA request up?

 

There is conflicting advice on the various threads. Some people say, once you have made the request, just sit back, and others say you should chase it up.

 

I appreciate any advice!

[rory32]

It really depends on whether you enjoy tormenting them or not. You can just sit back and wait for them to default (12 working days from receipt) and then commit an offence (12 working days + 30 calendar days after receipt). Or you can constantly remind them that they are in default (so you don't have to pay them a bean if you don't want to) and are soon to commit a criminal act.

The choice really is yours, the outcome is usually the same - the DCA not being able to produce the agreement.

[Zimmie]

Hi, I am in the same situation as youself regarding a CCA, its over 12 days but not yet the additional 30 days. I have decided to sit back and wait the time out. If they don't know the legal timescale...why the hell should I tell them! These DCAs seems to think they are above the law...but they are not.

[rory32]

Oh and as they can't produce the agreement (and the DCA probably doesn't own the debt anyway) and the debt is in dispute they can't take you to court. So any threat of court action is just that, an empty threat and you should report them to the OFT if they do this.

I received my first pay up or were taking you court letter over 2 years ago - still waiting on them notifying me of a court date.

[rory32]

Zimmie, your quite right it is not your position as the debtor (albeit disputed debtor) to advise the DCA on their legal position - if they don't know it tough.

[djdave]

My personal tactic has been to wait until they go over the 12wd+30day deadline then to write and make a formal complaint.

 

Under the new FOS rules they have to follow it up, but if they couldn't get the CCA within the timescale I'd be surprised if they could suddenly magic one up just because I complained.

 

To be honest, if they can get a copy I'd rather know about it now than have a nasty surprise if it ever got to court.

 

There's some childish satisfaction to be gained from telling a DCA that their blatent disregard for the Consumer Credit Act leads me to call into question their suitability to hold a licence, and that I will be reporting my concerns to the statutory authorities.

 

After all the ****ty letters they've sent me over the years, it's nice to send some equally ****ty ones back. (Snotty, that is, obviously )

 

I don't believe we should be letting them get away with it. Every day since joining here I read of DCAs failing to comply with the CCA. If we all reported them, every time, the authorities would be forced to act.

 

Anyway.... that's dragged the thread well off into another discussion, so to answer the OP: it's your personal choice! You're right that no agreement = no enforcable debt, but personally I'd push them so that I know what I might be dealing with in the future.

[Saint2K]

Hello.

 

I received an A5 sized letter through my door this morning from CapQuest stating that they intended to visit my home to discuss my account.

 

This has arrived out of the blue, considering I am running my own self managed DMP and have been for two years and I have a repayment agreement in place with them.

 

Obviously it has either been automatically generated and sent out in error, or they do in fact intend to visit.

 

Either way it is unacceptable to me and normally I would write them a formally worded letter stating that any visit would breach the Administration of Justice Act 1970 considering I am in a repayment arrangement.

 

However, I have more ammo on this occassion as I sent a CCA request to CapQuest well over three months ago and never received a reply. So obviously they are in breach of that request and I believe they are now commiting a criminal offence?

 

I was wondering therefore if anyone could point me in the direction of a template letter which basically states they are in breach of my original request and therefore the agreement is un-enforcable, plus they are also commiting a criminal offence.

 

I want to hit them with as much as possible.

 

Thanks

[Curlyben]

Yet another DCA scare tactic.

They will most likely NOT be visiting at all and even if they do you don't have to talk to them at all.

 

Oh dear what a shame I wonder if CrapQuest can spell UNENFORCEABLE

 

Wait until they send a letter demanding payment, then make a report to Trading Standards.

[Saint2K]

Hi.

 

Yes, I completely agree, this is blatently a scare tactic, but I still need to address their incompetence.

 

Is there any template letter that would cover what I mentioned in my first post?

[Curlyben]

Give this a try.

Edit as needed:

Account In Dispute.

Dear Sirs,

 

Your Ref::::

 

Further to your letter dated xxx, please be advised that the above account is now in dispute. I am awaiting the fulfillment of my CCA request dated .... , as is my right under the Credit Consumer Act 1974.

 

Please be advised that this debt is unenforceable whilst in dispute and any action taken by yourselves will be vigorously defended. Furthermore, not only will any action by you be defended, but take note that I will issue a counterclaim for stress and damages.

 

I am frankly shocked by the contents of you letter, which uses the term 'we will send bailiffs'. I am forwarding a copy of your letter to Trading Standards with an official complaint as your abuse of power is obviously intended to intimidate. As you are well aware, you do not have the authority to send bailiffs without a court order.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

I would appreciate your due diligence in this matter.

I trust this now clarifies my position.

 

 

Yours faithfully,

[detectall]

Nice one CB

[Saint2K]

If you send a CCA request to a creditor and/or DCA, and they fail to provide the requested documents within the allowed timeframe, would making further repayments to the aforementioned creditor/DCA nullify your request for a CCA as theoretically you are admitting liability by continuing with repayments.

[sequenci]

i would still state that the debt is unenforceable, the fact that you continue to pay shouldn't alter that.

[Saint2K]

If you send a CCA request to a DCA whom are representing the original creditor, does the CCA request count as being served upon the original creditor even if it was sent to the DCA?

 

Hope that makes sense, it's early morning and I'm tired

[jaxads]

Hi SS - what I've found has happened in my cases is that the DCA have wirtten to say they'll go back to the OC to obtain the credit agreement. They've never managed to get it though.

 

I would start the countdown from the time the letter is received by the DCA.

 

Hope this helps.

[Curlyben]

Under s175 of CCA 74, if a DCA is acting as agent for the OC then all requests/payments must be passed to the OC.

For CCA requests the clock starts when they receive your request OR 2 days after you posted it.

[Saint2K]

Thank you for the replies.

 

So if Court action was taken against me (CCJ) by the OC, then I could entirely defend the claim by stating that I sent a CCA request to the DCA which in turn means the OC is responsible for providing it within the specific time frames?

[make them aktiv runners]

The defence is a lot longer than that but basically yes. You will need proof of posting though to be safe.

[Saint2K]

Hi.

 

Quick question.

 

Can you use a CCA request against a bank for an account which had an authorised overdraft facility?

[Saint2K]

Ok, after a little searching of the website, I am still a little confused.

 

I want to send a CCA request to my bank, but there are varying threads and opinions on if you can do this or not.

 

Can anyone clarify?

 

 

 

P.S. Is there an overdraft specific CCA template on CAG?