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Confirmation regarding CCA request rbs/arrows

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I sent off my CCA request with no reply within the prescribed 12 + 2 working days. I allowed an extra three working days 'just in case' and then sent the follow up reminder/unenforcability letter. Today received a communication saying the client was dispatching the details today to me. Im I correct in the assumption that the alleged debt remains unenforcable until such time as I have received the communication from them and had a chance to review what has been sent. They have also stated that their client requires a monthly payment regardles, even while this process is in motion. I need to get this absolutely right as I have no wish to open up precedents which can be exploited by dubious organisations in the future. Thanks one and all in advance for your input

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Hi there,

if they failed to send you the CCA in the prescribed times then you now send them

the In Dispute letter located in the library.

 

Regarding the fact they still want payments then that's their problem, No CCA = No Pay.

 

I assume that you have been defaulted on this debt?

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Yes until they send you the agreement then your under no legal obligation to pay them anything, they are simply willy waving.

 

Ignore them until they comply.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi,

 

I was in the same position. I requested the CCA and all documentation to prove the DCA "owns" the debt. All I received back was a copy of the CCA. What should my reply be? All they have supplied is an original contract between myself and the original creditor. They have not supplied any documentation to prove they acquired the debt.

 

Should my reply be for all documentation including notice of assignments? They claim they bought the debt from another DCA, who in turn had purchased the debt from the original creditor. However, I haven't had any correspondence at all since the original creditor, back in Sept 2008.

 

Thanks in advance

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I f you want all documentation then you need to send a SAR to the OC, mark it for the attention of the data controller

and enclose a £10.00 postal order, send this by recorded delivery and they have 40 days to comply from date of receipt.

 

SAR letter in the library located top left of this page or click on SAR at the start of this sentence.

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Latest news, I received in mid March a reconstituted CCA, on 21st March I sent off a series of questions stating that a reconstituted agreement was not acceptable, (agreement signed in July 2005). The signatures were not mine, the application of PPI was not requested by me, and their client was not satisfactorily identified, they identified one debt purchaser, but later substituted another!. I had an acknowledgement on 22md March that they would pass on my questions to their client, and that during this time any action would be suspended. Since when nothing!, how long should I give them to respond?. I should add that I am making a 'without prejudice' payment of £50 p.c.m. should I consider stopping this?

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Whoa whoa whoa!!!!

 

STOP paying NOW!!

 

No CCA = NO pay, the only reason why you've not heard anything from them is because they're laughing at you paying them £50 a month, and I guarantee, that money is going straight onto their pocket.

 

Forget using 'without prejudice' they like to use it as they think it gives them some sort of legal clout, when in actual fact it does exactly the opposite.

 

Stop paying, ignore them, if they ring, laugh and hang up, if they persist in writing, then you should send them the 'in dispute, failure to supply' letter.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Had a reply from the DCA today on behalf of their client this has given me cause to ask them a few more questions, one of the statements in their reply stated the following

 

1. Weare the Appointed Agents and we have been instructed by our client on thismatter to recover the balance outstanding. We have not referred to litigationand we understand our client would like to pursue other avenues available inorder to resolve this.

Anyone got a view as to what this might be?, helpful or implied threat?

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Means that they aint got no paperwork and is probably full of charges and PPI. Do as advised by BB. Stop paying that £50 now. They have failed to comply. If they could take you to court then the OC would. The fact they have given it to a DCA means there is a serious issue for them in try to enforce this. As agents means debt still owned by OC so DCA is powerless and you can safely ignore them.

 

Refer to litigation is just a veiled threat for the uninformed. Stick to this site for the way forward. But stop that £50 now

 

Intend

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Perhaps I have been a little unclear here, the debt was sold by the OC to that fine, august, upstanding debt buyer Arrow Global, (owned in majority by that fine bank RBS,

through RBS special opportunities fund), and the DCA is acting on their behalf not the OC's

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Have they returned your CCA request, with a compliant agreement?

NO? Stop paying, and send them the failed letter. http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

OR http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

 

And STOP PAYING!!

 

Who was the OC?

What is this for?

 

Your throwing your money away, if the OC has sold it, then AG have bought it, and have again farmed it out to a DCA, name please, then their is something wrong with this, and you are being cash cowed...


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Absolutely agree with Boo. Stop all payments unless they can provide you with a valid, enforceable agreement.

 

Also, bear in mind that under a SAR (if you send one) to the original creditor, then the OC is only obliged to send you what THEY hold regarding your information and the account (as far as I'm aware - maybe someone can verify this please).

 

Which means that RBS and/or Arrow may also have further information. It may be worth sending the SAR to Arrow in this instance - stating their legal obligation not only to obtain all information held on the account by the OC (they can refer the case to them) but also anything they hold as well, in order for you to (quite reasonably) obtain a FULL picture of the progression of the account and information held as it stands.

 

I'd appreciate any comments on this from others, just in case I've missed something here, but hopefully you can see what I'm getting at!

 

Best of luck.

 

H. x


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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