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unluckyone
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I've received a response to my CCA request, from Howard Cohen telling me that, although they were chasing me for a debt for Wel Fnce, as they are not the original creditor, they can't provide me with the agreement, and that I should contact Wel Fnce directly. They've also sent me a £1.00 cheque, NOT the original postal order.

Question is, can they ignore the CCA request like this, and is there some kind of catch in banking their cheque when they haven't send the original PO back...

Can I now place this account in dispute?

 

Many thanks

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No they can't & they are well aware of the following;

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 them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale and insert the paragraph quoted into it.
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Many thanks Cerberus, So I can put the account in dispute with Howard Cohen even though they now say that they were only acting on instructions from Wel Fnce?

If I understand correctly, because they have had dealings with the account, then they are obliged to pass the CCA request to the OC.

They are saying that it is me that should be doing the CCA request direct to Wel Fnce, but they have an obligation under s.175.....

 

Just want to be sure so that I don't fire off a needless letter.

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Thanks Cerberus again, sent the letter with added text. Pgh7447, no court summons yet, should I expect one soon?

I've read what lowlife they are elsewhere on the forum.

We'll see what the latest letter throws up.

 

Thanks again for your invaluable advice

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just received a reply from Link, they say that they are going to need 30 days to get the CCA from Ford Credit.... Thing is, FCE have got a CCJ issued against me, I've seen it on my file. Link then bought that same debt and they have put a default on my account as well. Can Link put a default on my CR File for the same debt?? I'm sending them an account in dispute letter tonight. I didn't think they'd be allowed to beggar up my credit file like this, I've been punished for it once already with the CCJ.

 

Any thoughts?

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Many thanks Cerberus, only problem might be that they are asking the OC for the agreement after I CCA'd them. Surely they'll find out about it from there? They've told me that it'll take them 30 days to get the agreement. Do I still send them an account in dispute letter as they haven't supplied the CCA in 12+2? Or do I just leave things as they are?

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Many thanks Cerberus, only problem might be that they are asking the OC for the agreement after I CCA'd them. Surely they'll find out about it from there?
Not necessarily.
Do I still send them an account in dispute letter as they haven't supplied the CCA in 12+2?
Yes.
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  • 4 weeks later...

Update, Robbers way have passed the Lloyds overdraft account back to Lloyds. Robbers way have said my balance is now nil. Result, I'll just wait for Lloyds to contact me.

Welscum are playing silly beggars, they replied to my CCA request saying "thanks for the subject access request"!! They sent me an agreement, which I am posting below. They also sent me a statement, again I am posting below. Account in dispute letter sent off via Howard Cohen.

 

Link financial have have told me that it will take them more time to get the original agreement from Ford Credit.. account in dispute letter sent off 12+2 days after the CCA request.

 

I'd like someone's expert input on the Welcome agreement and statement, I know what I think of them, but would appreciate the expert eye.

welcome agreement.jpg

welcome statement 1.jpg

welcome statement 2.jpg

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wanted to add, nothing else was sent, i.e no T&C's, and this was signed at the local welcome office. It was a consolidation of a loan, plus some extra cash on top. I don't know if that changes anything?

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  • 2 weeks later...

Received a reply today from Lloyds, well Moorcroft actually.

Not sure what to make of it so I'll post the link here...

 

http://i890.photobucket.com/albums/ac105/skipjack360/Lloyds%20Album/Lloydspage1.jpg

 

http://i890.photobucket.com/albums/ac105/skipjack360/Lloyds%20Album/Lloydspage2.jpg

 

Its page 1 that interests me, I don't think they're giving me any information that helps at all. I haven't CCA'd Lloyds because its an overdraft, but they've sent this rubbish. Are they trying to make out that this is a statement? No agreement in sight though..

Many thanks

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Well it does say it doesn't contain all the information & if you want more to get in touch with them.

 

So they're goading me into sending a SAR ?? If I want more information, then I have to pay ten pounds. I presume that's what you meant by your post.

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