Clarification needed on CCA

[Shellyo1o]

Hi, Can someone answer me a quick question please.

 

When you send a CCA to a creditor do they HAVE to send you a full statement of the account from day 1 of the account, or from when they bought the debt? Or can they just say 'you owe x amount'?

[phunkeymonkeh]

I think you are confusing CCA with SAR.

 

CCA is to request the original signed agreement.

 

SAR is to request all statements and account history.

 

CCA requires a £1 fee

SAR requires a £10 fee

[Shellyo1o]

Thanks Phunkey,

 

This is the letter I sent

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

I am now also formally requesting that all further correspondence be made in writing only.

 

I demand that all phone calls from your company stop immediately. I am now familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

 

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

 

You will be deemed to have been served notice of my request and I will deem it served by 11th August 2006, I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.

 

I copied the letter from somewhere on here, and I though the statements were covered in the 'Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.'

So - should I send an SAR also????

[andy8]

If im right i belive you should send the SAR to the people who you originaly owe the money too and not the dca, So send the cca to the collection company and the sar to the bank or whoever passed the debt onto the dca.

[Shellyo1o]

Thanks Andy - The dca bought the debt, so I'll send them the S.A.R.

[M_A_A_B]

Thanks Andy - The dca bought the debt, so I'll send them the S.A.R.

 

Umm...I think even if a DCA has bought a debt you still send the S.A.R to the original company.....