Definitive answer on CCA request please!

[MAVE]

Can someone please give me a definitive answer on whether a DCA has actually completed my CCA request? I do not know whether to proceed otherwise.

 

 

In answer to my CCA letter, all I got back was a very dark, very illegible front page of a storecard application, completed in store. I cannot see any words mentioning 'consumer credit act', 'credit agreement' etc. There is some small print, just before my signature, but it is so dark it is totally illegible.

 

The 40 days was up ages ago, and I have already paid them about half of the debt. I have no contact details for the store who issued the card and have not sent an SAR, but wondered if Icould proceed first with the DCA.

They have provided me with copies of all correspondance relating to the debt, but no actual 'deed of assignment' either, from the store card company, stating that they have sold the debt.

 

I have calculated that I must have now paid off all the debt that is not charges/interest accrued whilst I was living away when I was under the impression that it had been settled. So I am loathe to pay more, if the DCA has not even complied with the CCA request.

 

How should I proceed? Any ideas anyone?

 

I was going to pay the rest and send a letter from templates asking them to confirm that I would not be liable again for this debt etc etc.(The 'full and final settlement' letter).

 

But I have just realised that they may not have complied with my earlier request so wonder what are my options?

[sequenci]

when was the agreement taken out?

 

the deed of assignment isn't part of a CCA request although if the DCA cannot prove legal ownership it should be challenged.

[MAVE]

Hello sequenci and thanks

 

The agreement was taken out in 1998 but I think that in being stupid and replying to an initial letter from the DCA last August, I 'activated' the account again and it would not be 'time barred'.

 

There was no contact from the storecard company to me and vice versa from about 2000 as my now ex-partner said he would pay it off for me and I stupidly entrusted him to do it and was working abroad for years.

 

Do you have any ideas on how to proceed at all? I would be v grateful!

[tifo]

an application is not a credit agreement.

 

the credit agreement is sent when your application is successful and they want you to sign so they can send you the cards etc.

 

since they have not sent this then they are in default and can only chase the debt in court, but are unlikely to as they have most of the money now anyway.

 

you can try and look through the forum to seek advice about claiming back all that you have paid them, since they were not entitled to collect anything from you (no deed of assignment or copy of the original agreement).

[MAVE]

Hello Tifo

 

Thanks for that. I had suspected as much, and I have another debt with the same DCA and I am just at the CCA stage - and sent a SAR to the credit card company on that one- so this helps a lot.

 

However, judging from a lot of stories on here, the debt agencies often seem to ignore people's letters even when the letter says that a debt is unenforceable.

 

Fingers crossed!

 

Does anyone know a template for sayng this?

[lookinforinfo]

The creditor has to send you a legible copy of the agreement, not the

application to even begin to conform with your CCA request.

 

As they have not done that, they have committed an offence. You are now

within your rights to cease payments. The only way they can get you to

restart paying is by taking you to Court, producing the agreement form and

the deed of assignment. And the reason why they did not supply you with

the info when asked. And to pay a fine for not supplying the info. So they

may not be in a hurry totake you to Court. Doesn't mean you can reclaim

monies paid though.

Stop paying and do nothing else-do not write to them-let them work it out

for themselves. When/if they write, point out they are in breach of your

request [no agreement] and it will now require a Court Order to reinstate your payments.

[MAVE]

Thanks again Lookforinfo

 

So you don't think a letter is a good idea? I don't think they do relaise that I know what they sent back doesn't comply. I have been slow as I have only just now re-looked at it and realised, so I would like to make them aware that I am aware- if you get my drift!

 

Also, they are now sending me letters from a legal firm (which I notic has a PO Box address almost the same as theirs!) so I would like to nip all this in the bud and maybe send a letter telling them that they are in breach of CC law, and maybe asking them to accept what I have paid already as a 'full and final' settlement because of this.

 

Do you think this makes sense?

 

Does anyone know of this kind of letter? Or just one telling them in legal terms that they haven't complied? I have looked on templates but none seem to be right.

[sequenci]

without items like a consumer credit heading, the names and addresses of all parties, the APR, statements of consumer rights etc & signature boxes the agreement would only be enforceable by leave of court. in addition as the agreement is variable it WILL need the rate of interest, the "APR" is not sufficient and would make it totally unenforceable.

 

if the agreement doesn't tell you the credit limit or the way in which it would be determined it would be totally unenforceable.

 

there are a few other aspects which might cuase it to be totally unenforceable too - but without seeing the agreement i'm not sure how relevant they will be!

[MAVE]

Ok thanks sequenci. I am sure that none of this is on there.

[lookinforinfo]

Your last post puts a different light on the situation Mave.

Write a letter to the DCA pointing out that they will be well aare that what they sent in response to your CCA request felll far short of their legal

requirements. So to restart chasing you for the outstanding amount

without a Court Order is a serious offence.Accordingly you have notified

your local Trading Standards office.

Then send either a copy of that letter to TS, or one outlining your problems

with the DCA so far, including a copy of todays letter and a photocopy of

the storecard application.

[MAVE]

Thanks Lookforinfo

 

I want to get these people. Their tactics are awful. Fingers crossed!

[MAVE]

Hello again

 

I have sent the DCA a stern letter saying that they have not complied with my CCA request and what they have sent is not sufficient.

 

However, in the meantime, they, or rather their legal people, have sent me an official looking letter headed 'Notice of Intention To Pursue A County Court Claim'.

 

Should I wait for a reply to my letter? Any ideas?

[sequenci]

Hello again

 

I have sent the DCA a stern letter saying that they have not complied with my CCA request and what they have sent is not sufficient.

 

However, in the meantime, they, or rather their legal people, have sent me an official looking letter headed 'Notice of Intention To Pursue A County Court Claim'.

 

Should I wait for a reply to my letter? Any ideas?

 

point out that under s127 their "agreement" is lacking a prescribed term is totally unenforceable and therefore you would have a perfect defence.

 

sections 60-66 of the cca cover the form and content of agreements, if the stuff they sent you is their "agreement" then you should be able to argue it quite easily.

[itsamomentintime]

it seems that there is no point in writing to this particular DCA

 

would it be in MAVEs interest to let the DCA try to 'pursue a county court claim'?

 

i mean, if they try to do this, wouldnt they have to produce a legible CCA in court?

[MAVE]

Thanks for the info

 

I am worried about this. I do not wish to have a CCJ against my name, but if they continue to ignore me, I don't know what to do.

 

You quoted a section of the CCA. Doesanyone have an impressive looking letter to send? Nothing in templates matches this.

[MAVE]

Also, before I realised that what they sent back did not comply with CCA, I sent a payment by postal order to them. They have said nothing about having received this, and I am not sure how to check receipt and encashment of postal orders. Does anyone know? I was advised to send this, not a cheque, as people said it was wiser.

[sharmal]

You have to take in the receipt or counterfoil that the post office gave you and then they will trace it to see if it has been cashed. Don't know how long it takes for them to do this though.

[MAVE]

Thanks Sharmal- much appreciated. Will do. Now I just have to see what to do about this threat of a CCJ and wait for a response to my letter about their 'non compliance', though judging from other, similar posts, DCAs seem to just ignore this fact a lot and push on with the legal threats.