marlin/Reston claimform - dads lloyds credit card 'debt'

[dx100uk]

the 30days went out years ago.

[BRIGADIER2JCS]

Cheers dx

 

 

So they have failed the 12+2 to comply so far...

 

 

I was reading a few other threads on where you and others were also discussing the 30 day period after the 12+2 and there were for and against views on if to pay, or wait until the 30 has gone too?

 

 

The payment is pretty much due now, and I fully understand no agreement = no pay, however I didn't want to not pay then it alert them to look at the account again, as we are quite close to the 30 days being up too.

 

 

Is it a better position to have the 12+2 and the 30 days gone by, then send the non comply letter?

 

 

Opinions much appreciated

 

 

Cheers

 

 

E

 

 

There are some DCAs replying to CCA requests stating that They will comply within 40 days this is wrong and should be challenged immediately.

[NGEddie]

Oh right, well as I said I was reading up on similar threads which may have been a couple of years old

 

So should I send the no comply letter now then?

 

You said above...until they comply...does this mean we would have to start paying again IF they produce one?

[BRIGADIER2JCS]

Oh right, well as I said I was reading up on similar threads which may have been a couple of years old

 

So should I send the no comply letter now then?

 

You said above...until they comply...does this mean we would have to start paying again IF they produce one?

Yes if 12 + 2 Working days has passed, the could supply a "reconstituted" agreement that satisfies a CCA request but may not sufficient to use in court.

[NGEddie]

Ahh yes I heard that word before.

 

As dx picked up on before, judging by their instant offer for a FAF redunction as soon as they took it over, theres is probably a good chance they dont have a copy of the agreement.

 

I also just though, they at no point issued a deed of assignment, does that make a difference?!

[dx100uk]

you mean notice not deed

 

dx

[NGEddie]

Thats the one, so yes they didnt supply one, does it make a difference?

Edited August 13, 2014 by NGEddie
typo

[BRIGADIER2JCS]

Ahh yes I heard that word before.

 

As dx picked up on before, judging by their instant offer for a FAF redunction as soon as they took it over, theres is probably a good chance they dont have a copy of the agreement.

 

I also just though, they at no point issued a deed of assignment, does that make a difference?!

I think you mean a Notice of Assignment, the Deed of Assignment is the contract between debt seller and debt purchaser.

 

 

A NOA simply states that Company A has acquired the rights and interest of an account from Company B on xxxxxxxxxx in line with the Law of Property 1925.

 

 

NOAs can be sent by the original creditor and / or the debt purchaser.

[NGEddie]

Thanks, so the fact they have not sent one matters or not?

[BRIGADIER2JCS]

Thanks, so the fact they have not sent one matters or not?

 

NOAs are not kept as hard copy on a "customers" file all that happens is a note is made on the file that the NOA was sent ona particular date, the creditor/DCA can rely on that note.

[NGEddie]

Thanks for the replies

 

So if as they have not supplied the aggreement in time, we stop paying, then say they do produce one, we need to start paying again? I guess it begs the question why give them the 12+2 as a time then?

 

So should I sent a failure to comply letter now and stop paying?

 

Many thanks

 

E

[BRIGADIER2JCS]

Thanks for the replies

 

So if as they have not supplied the aggreement in time, we stop paying, then say they do produce one, we need to start paying again? I guess it begs the question why give them the 12+2 as a time then?

 

So should I sent a failure to comply letter now and stop paying?

 

Many thanks

 

E

 

 

The 12 +2 Working day time scale is laid down in the CCA 1974 (as amended) i.e. a statutory requirement.

 

 

Yes stop payments if you wish, definitely send the letter now.

[NGEddie]

Ok great thanks

 

There seems to be fors and against but I think all the threads I was reading were old about stopping payment, so what would I expect to happen if we stop payments and send the letter?

 

Oh and where can I find the letter template please?

[BRIGADIER2JCS]

Ok great thanks

 

There seems to be fors and against but I think all the threads I was reading were old about stopping payment, so what would I expect to happen if we stop payments and send the letter?

 

Oh and where can I find the letter template please?

 

 

Letter in the CAG library.

 

 

You can expect them to "throw their toys out of the pram"/ "have a hissy fit"!!

[NGEddie]

Hmmm so which letter is it? I coudnt see an applicabale one :/

 

Thought as much, however, as they first off offered a FAF amount, now have not replied, I am guessing there is a good chance they do not have the agreement so dont need to pay them?

 

Cheers

 

E

[BRIGADIER2JCS]

Hmmm so which letter is it? I coudnt see an applicabale one :/

 

Thought as much, however, as they first off offered a FAF amount, now have not replied, I am guessing there is a good chance they do not have the agreement so dont need to pay them?

 

Cheers

 

 

 

 

 

 

E

 

 

 

 

Ok Eddie.

 

 

Just send this.

 

 

To the DCA

 

 

Ref: use theirs:

 

 

Re: Request made under sections 77/78 of CCA 1974 (as amended):

 

 

XXXXXXXXXXX has failed to comply with my lawful request made under CCA 1974 within the statutory time scale.

 

 

I know consider the matter closed.

 

 

 

 

Yours etc:

Use signed for post

[NGEddie]

Thanks very much, I cant add to yours or dx's reputation at the mo, but thanks lots to both of you!

 

So the general feeling from ya'll is to stop paying then?

 

Cheers

 

E

[BRIGADIER2JCS]

Thanks very much, I cant add to yours or dx's reputation at the mo, but thanks lots to both of you!

 

So the general feeling from ya'll is to stop paying then?

 

Cheers

 

E

 

 

Yep go with the flow Eddie,

Your thanks are much appreciated.

 

 

Brig:

[NGEddie]

No worries, it is all much appreciated and donations shall be made accordingly as witrhout sites like this the boostoods would walk all over us!

 

So possibly obvious question, lol, on the template where it says:

 

Re: Request made under sections 77/78 of CCA 1974 (as amended):

 

do I just delete the...as amended bit? :/

 

and the xxxx bit I just type the DCA name?

 

Many thanks

 

E

[BRIGADIER2JCS]

No worries, it is all much appreciated and donations shall be made accordingly as witrhout sites like this the boostoods would walk all over us!

 

So possibly obvious question, lol, on the template where it says:

 

 

 

 

Re: Request made under sections 77/78 of CCA 1974 (as amended):

 

do I just delete the...as amended bit? :/

 

and the xxxx bit I just type the DCA name?

 

Many thanks

 

E

The CCA 1974 has been amended and up dated many times over the years so is expressed as " as amended" xxxxx yes the DCAs name.

 

 

I am sure your donation will be much appreciated, thank you!!

[NGEddie]

No worries

 

So on the signed for post bit, do Il leave that and sign over it or just dont sign it? Probably rather not sign it if we can do that.

 

Cheers

 

E!

[BRIGADIER2JCS]

No worries

 

So on the signed for post bit, do Il leave that and sign over it or just dont sign it? Probably rather not sign it if we can do that.

 

Cheers

 

E!

Royal Mail recorded delivery Eddie.

[NGEddie]

Sorry I mis-read that and didn’t make myself clear.

I mean do we need to sign the letter before sending to them?and yes 1005 it shall be recorded J

[BRIGADIER2JCS]

A CCA doe not have to be signed.

[NGEddie]

Hi all Little update after having no reply to the CCA request within the time, I sent the no reply, consider the matter now closed letter. Despite them signing for it, then sent a reply saying they did not get the request, but shall now obtain and supply the CCA, this was a few week ago and nothing yet. So, sit and wait?! Is this to be expected? Many thanksE!