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cca request and outstanding debts


steveweb
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I am currently in a DMP and looking to tackle all my debts and try and get out of this mess.

 

I keep seeing on the forum advice to request CCA from the DMC.

 

Please could someone tell me what the next step would be after doing this.

 

I am a bit confused what requesting this would achieve.

 

I currently have an Aktiv Kapital debt for £5000.00, after adding £3200.00 interest to the original MBNA debt of £1800.00, which I am trying to sort out with them.

 

I requested a copy of my credit file(s) but it does not show anywhere.

 

Thank you. :???:

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hi

 

firstly you don't CCA the DMC

 

who is your DMC?

 

you CCA the people that are being paid through your DMP

 

as you've spotted already, AK are not showing on your CRA file

poss get another CRa file from say noddle

 

its always best to get two.

 

next

 

list your DMP debts please

 

what the debt was,

with whom original creditor

whom you pay

how much you pay

outstanding balance.

 

once you have the two cra files

 

fire off a CCA request to whom you are paying through the DMP

on any debt that do not show in the cra files list:

 

adapt the following text to YOUR details.

.

DO NOT SIGN THE LETTER!

.

get a £1 BLANK Postal order

.

write on the back.

for statutory £1 CCA FEE ONLY.

NOT FOR ACCOUNT PAYMENT

.

leave the payee BLANK

.

post the two off by 1st class post, get proof of posting from PO counter - ITS FREE!!

.

they have 12+2 WORKING days to comply.

.

.

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account,

together with any other documentation the Act requires you to provide,

including a detailed statement of the account.

 

I expect you to comply fully and properly with this request, within the statutory time limit.

You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment,

and places a duty upon you to pass this request to the creditor.

In the case of an absolute assignment, you are a creditor as defined by s.189.

If you contend that you purchased the rights but not the duties of any agreement,

you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee.

Note that these funds are not to be used for any other purpose

 

If you are unable to comply fully and properly with this request,

you should confirm this in writing at the earliest opportunity,

and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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