First reply from CCA letter - What next?

[0Das0]

Hi Guys,

 

I've recently got around to getting all my debts in order and sending off CCA and SAR to the right people.

 

I have had my first letter back from a loan company.

 

They have sent me a signed CCA so I have no queries with that. However I know by the initial phone call i received from them they have placed charges and interest on my account, but there was no break down of this? Also I did not receive before or after the a copy of a default notice letter, which has been placed on my Credit rating.

 

Also to top it off the company who I originally took the loan out with have changed names. So that the original agreement with the company is not the same one who have registered a default on my account.

 

Any advice would be welcome? Ideally I would be looking at reducing the extra charges and removing the default? I have a few standard letters saved but would like to make sure I am getting this right as it is my first time.

[citizenB]

When you make a CCA request you are entitled to receive :

 

Agreement or reconstituted copy

Terms and conditions from inception and where any variations have been made, copies of those variations .. and..

 

A statement of account.

 

If you want more detailed information in order to say, see if there are any /what charges have been applied to the account over a period of time, then you might do better to send a Subject Access Request - Draft letter in the CAG library.. The SAR will cost you £10.00 and the company has 40 calendar days to comply with your request. The request needs to go to the Original creditor

 

HTH

[citizenB]

Default Notice - Although this is a statutory document and it is required to be sent to you before they can take further action.. they are not obliged to keep a hard copy.. therefore you will probably only discover whether this has been sent by looking at the communication log (diary of events) that you will need to request in the SAR.

[0Das0]

Default Notice - Although this is a statutory document and it is required to be sent to you before they can take further action.. they are not obliged to keep a hard copy.. therefore you will probably only discover whether this has been sent by looking at the communication log (diary of events) that you will need to request in the SAR.

 

Thanks for your help. Looks like I may be sending off a few more SAR's

 

As I did not receive a statement of account nor have I ever received a default notice letter.

 

This may sound a bit dim but couldn't a company just say they have sent out a default notice if they are not required to keep a hardcopy?

[citizenB]

Thanks for your help. Looks like I may be sending off a few more SAR's

 

As I did not receive a statement of account nor have I ever received a default notice letter.

 

This may sound a bit dim but couldn't a company just say they have sent out a default notice if they are not required to keep a hardcopy?

 

 

Not dim at all, sadly this is what a few of them actually say !!

 

Which is why I have suggested that you send the subject access request.. you need to specifically request the communication log/diary of events. That should detail all the actions they have taken on the account and if they have sent a Default Notice, it will be recorded.

 

As already mentioned, a DN is a statutory notice requried by parliament and needs to be compliant in itself. It needs to come from the original creditor, it needs to show the amount of arrears due and a date 14 clear days of posting time in order for you to remedy the breach they claim you have made.

 

Some creditors foul up pretty badly.. eg.. they claim the full balance is due (not permitted), they post on a Friday or bank holiday which doesnt then allow for sufficient time for posting (posting times are for business days only) The rest of the time allowance is calendar days.

 

Depending on when the DN was issued, there is a new document they also have to include which is mandated by the OFT. So lots of ways for them to fall foul of the regulations.. but if you have never received a copy..then you are unable to confirm whether they stuck to the rules.. however, they are the ones that have to prove it was sent to you

 

When you receive your SAR data, you should check it against your credit files and any statements you have..

 

The amount of arrears on the DN can only be monies actually due.. it cannot include default charges. You can check the amount of arrears against your credit files and statements to see if the amount they say they claimed on the DN is accurate. You can also check the date they say the Default occured against their records and the Credit reference files

[0Das0]

Not dim at all, sadly this is what a few of them actually say !!

 

Which is why I have suggested that you send the subject access request.. you need to specifically request the communication log/diary of events. That should detail all the actions they have taken on the account and if they have sent a Default Notice, it will be recorded.

 

As already mentioned, a DN is a statutory notice requried by parliament and needs to be compliant in itself. It needs to come from the original creditor, it needs to show the amount of arrears due and a date 14 clear days of posting time in order for you to remedy the breach they claim you have made.

 

Some creditors foul up pretty badly.. eg.. they claim the full balance is due (not permitted), they post on a Friday or bank holiday which doesnt then allow for sufficient time for posting (posting times are for business days only) The rest of the time allowance is calendar days.

 

Depending on when the DN was issued, there is a new document they also have to include which is mandated by the OFT. So lots of ways for them to fall foul of the regulations.. but if you have never received a copy..then you are unable to confirm whether they stuck to the rules.. however, they are the ones that have to prove it was sent to you

 

When you receive your SAR data, you should check it against your credit files and any statements you have..

 

The amount of arrears on the DN can only be monies actually due.. it cannot include default charges. You can check the amount of arrears against your credit files and statements to see if the amount they say they claimed on the DN is accurate. You can also check the date they say the Default occured against their records and the Credit reference files

 

Excellent! Thank you very much, that clears up alot of my questions.

 

Will see how I get on when the other 4/5 come back to me.