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Unlawfully Recinded Account & CCA compliance question?


Abby25
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Hi

 

My OH has a loan account that whilst in dipsute (no reply to CCA request) was unlawfully recinded by the OC.

 

Unlawfully recinded due to full amount requested not o/s arrears - also insufficient time for remedy.

 

No communication for 2 yrs.

 

Then up pops a DCA who have bought the account - and naturally asked for payment.

 

Advised them OH CCA request still o/s - therefore the account remains in dispute - also advised them that the account had been unlawfully recinded, which had already been formally accepted from the OC.

 

Anyway, the new owner provides a copy of the CCA, and statment of account (which ends 2008 - but no past terms and condtions, which are mentioned in the CCA, no cancellatin notice (again mentioned inthe CCA) and no present T&Cs.

 

Now the CCA recd looks ok, but I thought it a bit strange that the dated signature of my OH is the 2nd of the month and the statement showing that the monies were deposited the very next day. How can that be he could only have sent it back on the 3rd, it couldn't possibly have got there until the following day by 1st classs, and thats pushing it ... just seemed a bit odd !!!

 

Anyhoo, I am in the process of writing back to the DCA advising that the acct is still in dispute as full CCA request not complied with .... but should I do this .... as I am going to claim unlawful repudiation anyway .... shalll I just write back and say thanks for what you have supplied but the account, as prev advised to you, has been unlawfully recinded and so you are entitled to nowt under s87... (lets keep quite about the arrears ... thats for me to know and them to find out ... !!)

 

Anythoughts ... ??????8)

 

Abs x

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