CCA request declined for no sig on old Lombard Loan

[unclebulgaria67]

Most of these letters 'intention to litigate' are just threatograms. They are a mail merge letter issued using a list of debts. How many on the list do they actually look at individually, prepare the relevant paperwork and then proceed to issue a court claim ? Not many. It is just too costly to do in bulk, particularly considering that some will be challenged and on others they may only get token payments if they are lucky. The business model of most DCA's I would think, is to generate as much money from threatograms as possible and for those accounts they don't make money from, they will sell on to recoup their initial outlay.

[register]

thank you for the advice.

 

"Its STILL worth CCA'ing the DCA for the overdraft facility letter tho." is there a specific overdarught template?

[the_shadow]

The standard S77/s78 request letter will suffice for an overdraft although they'll reply saying overdrafts are not covered by the CCA

 

 

An overdraft is a debtor creditor agreement as defined under section 8 and 13 of the CCA and is running account credit as defined in section 10. This has high court case law - coutts vs sebastyn.

 

When they say it is not CCA, what they mean is that there is part v exemption from the CCA but,

-they still need to show the contractual arrangement set up with 30 days of the o/d

-they still need a valid default notice

-they still need a termination notice.

 

A CCA request applies to an overdraft until and unless they tell you in writing that it is Part V exempt. At that point they must provide all the documents under the determination for the overdraft to be enforceable else section 78(6) of the CCA applies.

[register]

thank you very much. i will proceed.

[Bazooka Boo]

18 months have passed, and they are still bumping their gums about litigation?? This is clearly never going anywhere near litigation or court.

[register]

I have not heard any further about this for a while.

 

I recently checked my credit report and it is being recorded as 3 months late payment (3) continuously for over 2 years.

 

No default has been placed on my file.

 

Just these late payment arrears marks.

 

Is there anything I can do about this?

 

If not I am prepared to accept my fate.

 

But if there was no cca , or default placed, then what they are doing now seems unfair.

 

I would appreciate your opinions!

[BRIGADIER2JCS]

If the markers represent the "true" conduct of the account and are up to date there is really nothing to be done.

[register]

If the markers represent the "true" conduct of the account and are up to date there is really nothing to be done.

 

The account was in dispute.

 

A valid cca agreement was not produced.

 

If anything should a default not have been placed?

 

I think they did not place a default as the account was / is in dispute.

 

So they are marking my file late instead.

 

Why only 3 months late continually I wonder?

 

Is this what they do ?

[Bazooka Boo]

IMO, any marking of a credit file whilst they are in default of issuing you with a valid agreement ''could'' be cause for a complaint raised with the ICO.

 

As it stands, they are unable to provide the agreement, and unless they are able to show that there has been any relationship between you and them, then of course they should not be reporting this to a credit ref agency.

 

However, if they can prove that you have a relationship with them, then the lack of a CCA won't necessarily deny them the right to mark your file.

 

You could always send them a s.10 DPA notice to stop processing your data?

[dx100uk]

go complain to the ICO

 

this should not be happening IMHO

 

dx

[BRIGADIER2JCS]

The account was in dispute.

 

A valid cca agreement was not produced.

 

If anything should a default not have been placed?

 

I think they did not place a default as the account was / is in dispute.

 

So they are marking my file late instead.

 

Why only 3 months late continually I wonder?

 

Is this what they do ?

Make no difference if the CCA is available or not the account can still be reported to the CRAs.