CCA request, postal order (1£) from overseas - how?

[fractal]

Hello, all, hope someone can lend a brainwave or share their experience.

 

I need to send a CCA request, and it should be accompanied by a postal order of £1. At the moment, though, I am not in the UK. I looked into the options:

1 - ask someone to get a postal order in the UK, print out my request and mail it by Royal Mail to the agency; this is not impossible but would hate to inconvenience people

2 - ask someone to buy a postal order, scan the receipt, email it to me and I can email everything to the agency - will it work at all? still, a hassle

3 - ask someone to buy the postal order, snail mail it to me (do they expire?), so that I could snail mail it back to the UK from here - lots of hassle and lots of time

 

Are there other options?

Thank you in advance.

[cerberusalert]

Can't you email the CCA request to someone in the UK and ask them to print & post it with a P/O?

[fractal]

Thanks for the quick reply! Yes, that is my Option 1 - afraid to cause hassle, though. I was wondering if there might be another way to pay - to the agency bank account, maybe, or in some electronic way/over the internet.

Unfortunately, Royal Mail only accept cash for postal orders, and from what I read, they print out the check on the spot.

[cerberusalert]

They won't accept any method of payment other than postage stamps, cash, cheque or postal order. Do you have any UK coinage you could tape to the request?

[fractal]

That is a great idea, thanks! I might try that - although they don't normally allow money to be sent via snail-mail.

And another thing - the deadline for their response is 12+2, considering UK addresses; for international mail it probably should be the 12th day from the moment someone at that company acknowledges receipt of the request letter. It is getting messier by the minute...

 

I could send the request by email, I guess, but they can easily turn down the request cos I won't have attached the fee - that would just give them extra time.

[cerberusalert]

They have 12 days from receipt of the request but nowadays it's meaningless as it's no longer an offence if they fail to comply.

 

Are they chasing you for a debt because given where you are they will be urinating into the wind if they try and pursue you.

[fractal]

It's a looooooong Home Learning College story; actually, I never saw a copy of the original agreement or whatever it was. There was a dispute with the HLC, then the phonecalls started, then the agency interfered. I managed to get them stop phoning me and my previous UK address (they even apologised), so time for the CCA request, I guess.

 

Not that I will ever need the credit rating, but it is a matter of principle, too.

 

P.S. What happens if they can't comply? Sell the info to someone else? Bounce it back to HLC?

[cerberusalert]

The problem with CCA requests nowadays is that they don't have to provide a copy of the actual agreement they can legally send a reconstituted agreement.

 

They will more than likely sell the alleged debt on in any case & then claim tax relief, it just wouldn't be viable for them to pursue. It will then be passed down the DCA foodchain into total obscurity as they gradually realise they haven't a snowball's chance in hell of taking enforcement action. Of course it won't stop them sending the odd letter, email or 'phonecall [if they have your details] in the hope they can bully you into making payments.

[fractal]

Thank you, I came upon that info - and a bit confused which CCA template to use since "true" copy seems to be no longer a requirement. Still, it would be good to know the state of affairs; unfortunately, I hadn't discovered CAG while I was speaking with HLC.

Hopefully APEX will return the paperwork back there; at the moment the only word they know is money, money, money.

[cerberusalert]

If it went to court a debtor could use Carey vs HSBC

 

http://www.wragge.com/analysis_5472.asp

[fractal]

You mean, something along this lines?:

The emphasis in the Carey case on section 78 appears to have obscured the real claim that exists under section 61(1)(a) and 127(3) of the Act. These sections dictate that a creditor must be able to produce a signed document (not necessarily the credit agreement) that contains the prescribed terms. The document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment obligations. A failure to produce such a document is still capable of rendering the agreement irredeemably unenforceable.

***

However consumers should remember that should a creditor issue court proceedings against them, without first locating a signed document, they would have a defence to that action. Without a signed document the creditor will have to convince the court that on balance a document signed by the consumer containing the prescribed terms would have been produced at the time of execution. The onus is on them to prove this.

 

(can't post link)

 

Cerberusalert, thank you very much! Sorry I have hijacked my own thread. One last question, and will shut up: I do want a copy of my CCA, and all relevant documentation; in case HLC has started ping-ponging me to DCAs, does it mean that they are under no obligation to provide me with these documents (as in documents related to "my case", not sure if it is the same as a SAR will get me)? Thanks again!

[cerberusalert]

You mean, something along this lines?:

Yes.

 

It is your legal right to request a CCA at any time & it has to be provided although if you ask a debt collector for it they'll either forward the request to the original creditor or tell you to do it.

 

A SAR with get you copies of statements, letters etc and in some cases they will also include the CCA.

[fractal]

Please ignore - question answered in the Scottish forum - thanks to 42man!

Cerberusalert: I have just read in the Scottish forum that a company no longer has to comply with the 12 day requirement to provide a CCA; in fact, they can take as much time as they want??? Can't verify it through ggogling.

 

Does it mean that now the rules on complying with a SAR have also become more lax? And now the requester is put in a limbo, waiting for a response.

 

At the ICO gov uk page (can't post link) it is also explained that a company is not obliged to start processing your request until you have paid the fee (if I need extra information, like logs from the VLC, for example,access to tutors etc I suppose they are entitled to a fee larger than £10 but up to £50 max). Is the 40 calendar day requirement for SAR (since payment, if I am correct) still valid?

 

Answer from 42man:

They have to provide all they hold on you with regard to your personal data within 40 calendar days, it doesn't have a bearing on any legal claim they may have made (as you can potentially go for disclosure on a claim by them) but you can still take them to court if they fail to supply the information within 40 days (however in the case of a SAR, if they fail to provide anything in 40 days (or it is incomplete) then you issue a letter bfore action giving them a further 7 days to comply, enclosing a copy of the original request)

Edited March 2, 2012 by fractal

[42man]

Without taking over another thread, I thought i'd post on your own.....the other option if they fail to comply with your SAR is to report it to the ICO. (But this can take ages).....you might find these useful too -

 

http://www.kent.ac.uk/data-protection/Forms/subject_access_guide.pdf

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

 

Example of a letter before action - http://www.consumeractiongroup.co.uk/forum/showthread.php?178660

[cerberusalert]

At one time if they failed to provide a CCA within 12 days they were in default and could not pursue the debt, after a further 30 days if they still failed to produce it they committed an offence. This was removed from the Act but if they still fail to produce after 12 days they cannot take enforcement action.

 

Does it mean that now the rules on complying with a SAR have also become more lax? And now the requester is put in a limbo, waiting for a response.]

No, a SAR is governed by the ICO who have powers to fine companies that don't comply. The problem is they can take a year or more to deal with any complaint.

 

At the ICO gov uk page (can't post link) it is also explained that a company is not obliged to start processing your request until you have paid the fee]

 

the fee must be paid with the request.

 

I suppose they are entitled to a fee larger than £10 but up to £50 max). Is the 40 calendar day requirement for SAR (since payment, if I am correct) still valid?]

They can charge extra if they can show that producing information causes them inappropriate costs. yes 40 days.

[fractal]

Thanks again for all your help! It is so fast, and it is very reassuring that problems become actually solvable. I must say I was a complete mess when I ventured to start posting here!

 

Just in case anyone is reading, and back to the original question: if you want to avoid inconveniencing friends and need a UK address, it looks like there are services out there that receive (and scan in) mail for you, and can actually send mail with accompanying payment (postal order etc). Some are even PAYG and paypal friendly. I suppose I need to check reviews frist but that might also come in handy, as should help with staying on top of the paper-trail. I would be afraid to involve friends in the UK, as if APEX gets hold of a friend's address that would put all of us in a very embarrassing situation.