CCA Request returned unprocessed

[Outadebt]

Hi

I yet again sent a CCA request to the current DCA who replied that I have to write directly to the original lender (RBS Tesco credit card) and request the CCA directly. When reading the template letter from this site, it suggests there is an onus on the DCA to forward on the request - so my question. Is the DCA within the law to do this or are they ignoring their responsibilities and if so, is account in dispute the next move?

Kind regards

[Bazooka Boo]

This is a very quick and easy solution, send them the failed letter when they are out of time (12 working days from receipt of your request) then you are in dispute because they have failed to supply you with the information you have legally requested.

However I note that you say that you 'yet again' sent a CCA request, only one needs to be sent, if they fail to supply and are foolish enough to pass the lemon on to another Muppet, then you send the new 'owners' a different letter telling them that the account is already in dispute with such and such DCA as they failed to supply the information, therefore they have been sold a lemon and will get nothing from you.

[MARTIN3030]

Has the account been assigned ?

or is the DCA dealing for the lender for collection ?

[Outadebt]

It is assigned to Wescot on behalf of RBS. They are one of a number that have had the assignment (though not once have I been informed of it being assigned).

[Bazooka Boo]

Who was the first to receive your CCA request?

[dadofholly]

Here is a link to the latest OFT guidlines on this issue - it includes the Carey ruling etc.

 

Originaly posted on another thread by payback68.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

[Mr Worried]

I Love Robin's and Victorian scene's on Chrissie cards.

 

Mr

 

 

 

Has the account been assigned ?

or is the DCA dealing for the lender for collection ?

[MARTIN3030]

yes me too.

[Outadebt]

Thanks for the link to the OFT document. I might have missed it, but is this confirming that where the creditor is using a DCA to collect, i.e. the DCA is the client of the creditor, where does the duty to supply the S78 requirements remain with, the DCA or the creditor?

 

If I am reading right (bottom of page 6) suggests this is the original creditor and therefore not the DCA?

[Tingy]

I agree. If it has been assigned it would, of course, depend on the type of assignment as to whom you should address the request.

[Outadebt]

So it would appear then that if the situation is the DCA is attempting collection on behalf of the original lender then the CCA needs to go to that lender and not the DCA - so how then does one get the DCA to prove they have a right to attempt collection?

 

Also, what if the DCA changes from one to another (as keeps happending)?

[Tingy]

It matters not one jot to whom you send it. If the DCA is collecting it and the OC has the agreement, the DCA are legally bound to pass on your request to the OC.

[Outadebt]

Ok, so what if you send a CCA to one DCA then the debt is moved to another DCA, I assume you can CCA again.

[Tingy]

Ok, so what if you send a CCA to one DCA then the debt is moved to another DCA, I assume you can CCA again.

 

You can, but make sure you get your money back from the first DCA. Again, they are obliged to pass your request on to whoever is currently dealing with the debt, so if after 12+2 days you have no reply, you are perfectly entitled to place the account in dispute.

[Outadebt]

Thanks for your help on this. Specific situation is been passed round half a dozen DCA's and never received a 'correct' in my opinion CCA from the original lender, though they dispute this, so each DCA states that I have already received it, but clearly not via the current DCA. So are they correct in saying I have already have it in which case, again, how do I get the current DCA to prove the right to collect?

[Tingy]

Thanks for your help on this. Specific situation is been passed round half a dozen DCA's and never received a 'correct' in my opinion CCA from the original lender, though they dispute this, so each DCA states that I have already received it, but clearly not via the current DCA. So are they correct in saying I have already have it in which case, again, how do I get the current DCA to prove the right to collect?

 

OK, A couple of points. I'll deal with your last question first - how do you get them to prove the right to collect? Easy - send them the prove it letter. If you can't find it in the library, shout and I'll copy one straight into the thread for you.

 

Secondly, you say you have never received what you deem to be a "correct" CCA agreement. Are you aware that they are allowed to reconstitute agreements? If so, in what way do you feel what you have received is not correct?

[PriorityOne]

Ok, so what if you send a CCA to one DCA then the debt is moved to another DCA, I assume you can CCA again.

 

There's no need to re-CCA a new bunch if the account is still in dispute from the original request.... all you need do is point out that a legal request was made on xx/xx/xx and the account remains in dispute. You need to have proof of when that request was made however; rec. delivery slip.

 

If you've been sent something like a reconstruction however, then a company has complied. This may not be with an original Agreement however but they have complied nonetheless. In these circumstances, you need to write back and ask them if they currently hold a properly executed Consumer Credit Agreement in their possession and if not, to confirm so in their response (under CPUTR 2008).

 

[Outadebt]

What I received was a statement (essentially what you received monthly for a credit card) plus a copy of the T&C's from the time the account was opened. So it suggests they have complied then, so the DCA do have the 'right' to collect but it just seems wrong that there is no proof that they do.

[PriorityOne]

What I received was a statement (essentially what you received monthly for a credit card) plus a copy of the T&C's from the time the account was opened. So it suggests they have complied then, so the DCA do have the 'right' to collect but it just seems wrong that there is no proof that they do.

 

How old is this account?

[Outadebt]

Can't recall when I opened it but it is around 6 years now though default around 1 year back.

[PriorityOne]

Can't recall when I opened it but it is around 6 years now though default around 1 year back.

 

Then it should come under CCA 1974 in which case, the account is unenforceable without a properly executed CCA; courtesy of sec. 127 (3). You need to write back to whoever is currently pursuing you saying that you do not acknowledge any debt to them, that a legal request was made for a true copy of your CCA under the Consumer Credit Act 1974 on xx/xx/xx but to date, all that's been received is an application for credit. You therefore now need written confirmation that they currently have a properly executed Consumer Credit Agreement in their possession and if not, to confirm so in their response under The Consumer Protection from Unfair Trading Regulations (CPUTR) 2008.

 

By rec. delivery....

[Tingy]

Have you formally placed it in dispute? Did you send a Prove It letter?

[PriorityOne]

Have you formally placed it in dispute? Did you send a Prove It letter?

 

It's not in dispute if a company has complied and sent docs and as for providing proof, CPUTR 2008 covers that very nicely

[Tingy]

It's not in dispute if a company has complied and sent docs and as for providing proof, CPUTR 2008 covers that very nicely

 

Hi P1,

 

Missed the bit about them complying sorry! As regards the prove it question I suggested ages ago that the OP sent this - hence the question. If they had sent it, they would be best advised to wait for an answer to that before doing the CPUTR.

[Outadebt]

So it would appear my next move then is as I can't get the current DCA to prove their claim is to try a F&F negotiation with removal of default.