cca request replies.

[swanbi]

hi everyone, i am new to the forum and this is my first post. i have sent cca requests to my creditors and have received the following responses.

 

1: cabot, they do not have info on file, they have requested relevant info from original lender (goldfish credit card).they did not accept statutory fee and returned it.they anticipate they will be able to provide info within 12 days.

2: equidebt ltd, santander current bank account. they say debt on this type of bank account is not subject to the provisions of the cca 1974.they kept statutory fee.

3:capquest, capital one credit card, they returned letter and fee as their client requires any written requests are signed before they can process. they asked could i sign and return letter so they can forward request to their client.

 

any help would be appreciated.

thanks.

[diddydicky]

1/ if they fail to produce within 14 days then they cannot enforce the agreement

 

3/ write back to capquest and re send the fee pointing out that there is no requirement for you to sign the s78 letter and that your address is that to which they have communicted with you in the past

 

tell them that they will be in default of s78 if they fail to respond within 12 days and no further argument as to their obligations will be entered into

 

also make sure you endorse the cheque or Postal order that it is to be used ONLY in respect of the fee for a s78 application

[FORMISTER]

In regards to number 2. you can send them a prove it letter. They still have a responsibility to prove the debt exists and how it is made up. As a current account and overdraft does not come under the CCA, they do not need to comply to it. You do not need to send a postal order for the prove it letter.

[maroondevo52]

Hello and Welcome, swanbi.

 

If they happen to come up with agreements for the Credit Cards charges on these accounts are re-claimable.

 

Regards,

 

Scott.

[FORMISTER]

And miss sold PPI

[swanbi]

thanks for replies so far.

[swanbi]

I sent cabot account in dispute letter, they replied with our final response to your complaint letter. This contained same old waffle, still waiting for original lender to supply info, debt still exists and keep making payments. Should I just wait for them to provide info?

Thanks.

[debbbbsy]

3:capquest, Capital One credit card, they returned letter and fee as their client requires any written requests are signed before they can process. they asked could i sign and return letter so they can forward request to their client.

 

Debt Letter - When company refuse CCA due to no signature

http://www.consumeractiongroup.co.uk...o-no-signature

 

2: equidebt ltd, Santander current bank account. they say debt on this type of bank account is not subject to the provisions of the cca 1974.they kept statutory fee.

 

An overdraft is a form of credit. You could do a SAR, Aswell as the statements, specifically ask for a copy of the current account application/agreement & a copy of the Overdraft Agreement and the T&C's relevant to the overdraft.

 

Also, Cabot will have to supply everything they hold on. Which should incude. The Default Notice issued by Santader before it was sold. The Deed of Assignment, from Santander to Equitable, & the Notice of Assignment (from Equitable to you).

See what they have.

 

Debs

[swanbi]

Thanks Debs, I shall request the info you suggest, Just to clarify cabot are chasing a debt from goldfish credit card which they say is owned by barclaycard and equidebt are chasing debt from santander which war originally abbey account. I need to post new thread but have forgotten how to.

Can you advise. Thanks.

[FORMISTER]

I sent cabot account in dispute letter, they replied with our final response to your complaint letter. This contained same old waffle, still waiting for original lender to supply info, debt still exists and keep making payments. Should I just wait for them to provide info?

Thanks.

 

Don't make payments while the account is in dispute, you are not legaly required to. Ignore them until they supply the documents you have requested

[FORMISTER]

Thanks Debs, I shall request the info you suggest, Just to clarify cabot are chasing a debt from goldfish credit card which they say is owned by barclaycard and equidebt are chasing debt from santander which war originally abbey account. I need to post new thread but have forgotten how to.

Can you advise. Thanks.

 

 

Click onto the debt forum on the top bar, then go down to debt collection industry and click on that, then click on start new thread

[diddydicky]

Don't make payments while the account is in dispute, you are not legaly required to. Ignore them until they supply the documents you have requested

 

whether you do or do not make payments- it should be pointed out that it is NOT correct to say that you are not legally required to do so

 

the failure of the claimant to supply documents in response to a CCA request does not amount to a "dispute" on the account

 

by all means dont pay if you dont want to- but you are still legally obliged to make repayments and your credit file (if not already) will be trashed

[FORMISTER]

 

whether you do or do not make payments- it should be pointed out that it is NOT correct to say that you are not legally required to do so

 

the failure of the claimant to supply documents in response to a CCA request does not amount to a "dispute" on the account

 

by all means dont pay if you dont want to- but you are still legally obliged to make repayments and your credit file (if not already) will be trashed

 

Sorry but I thought that being as though the 12+2 days for the CCA request has passed and the OP has sent the account in dispute letter as they have not supplied the relevant paperwork, the account is not enforcable so the OP doesn't have to offer payment until they do (meaning their is no legal requirement to do so).

 

And I am presuming that as this is with a DCA the OP's credit file is already trashed. The OP did not indicate that they had or had not previously being making payments to the DCA, I presumed that they were not (maybe foolishly)

[FORMISTER]

But yes, I agree that the money is still owed (so technically your right as it does legally exist)and not paying can still affect your credit rating etc, but remains unenforcable until they come up with an enforcable agreement. So yes I take it back!

My advice was based on the OP not currently paying

[diddydicky]

thats cool

[swanbi]

My credit file is trashed, I had been making payments to DCA (cabot).Unemployed at mo so had to reduce payments DCA were very nasty so came across this site and sent requests to DCA's under cca 1974.

[FORMISTER]

Well, I hope your only making a £1 token payment. That is probably all a court would make you pay as your unemployed

[swanbi]

Thanks formister, I was not aware of token payments and will only offer creditors £1 per month until I return to full time work.

[swanbi]

Hi all, An update from cabot, We refer to our recent letter informing you that O/L is experiencing a delay in obtaining info from their archives. Be assured we are continuing to request the info as a matter of urgency from O/L and hope to send info shortly. We would again remind your debt remains legally due, We recommend you make repayments to your account accordingly. We appreciate your patience and co-operation in this matter and apologise for any inconvenience you may have experienced as a result of this delay.

 

Is this standard crap they send out?

[FORMISTER]

Pretty much. Until they produce an enforcable agreement they cannot take you court to make you pay. If you want to make token payments then that is entirely up to you. They can still update your credit file and ask you to pay in the absence of the agreement.

[swanbi]

Hi Formister, With regard to account in dispute letter I have sent. I state 'unfair practices' 'not ceasing collection whilst investigating a reasonable queried or disputed debt'. Making token payments would seem to go against this. What do you think?

[FORMISTER]

Hi Swanbi, if you haven't been making payments to date, then don't start now, it can't do you any more harm by not making them. If you have been, then it's upto you.

 

Diddydicky posted earlier that I was incorrect by saying that you are not legally obligued to make payment while the account is in dispute. However to clarify the point, they can not legally enforce you to make payments while the account is in dispute.

 

While the account is in dispute, they can still ask for payments, they can update your credit file and they can start court proceedings (they cannot obtain judgement though), these guidelines are from the OFT.

[swanbi]

Hi All, An update from cabot, Dear Swanbi, Your request for info under cca 1974. Unfortunately we have not been able to provide you with the requested info within relevant time period.

What happens next? We shall continue to request info from O/L to assist you with your request. In the meantime, We would like to inform you that your account shall remain on hold with customer assurance dept until such time we can comply with your request.

Your account, Please note, you are still obliged to repay the balance as confirmed in this letter and we reccomend you contact us to set up repayment arrangement.

Summary, Account on hold but keep making payments.

[victoria_siempre]

Hi swanbi

 

Keep the letter safe.

 

Summary: you agree with their first statement and dissent from their second.

 

x

 

v

[swanbi]

Thanks Victoria, Cabot are very greedy, 2 years ago I offered them settlement figure of 30%. They declined saying they wanted 70%. they probably only paid 5-10% to buy debt. Sadly for them this cash cow has stopped being milked!

 

Regards Swanbi.