DCA's in Default of CCA request

[grobbo24]

I have sent of eleven requests to a number of DCA's and Finance companies all of which have defaulted yesterday (26th Jan).

 

Two of them are CCJ's, one to Aktiv Kapital and the other to an independant electricla retailer, how should I take these two forward, should I still pay them and contact the county court to try and suspend the CCJ's or should I just pay them until after the calendar month has passed and then contact the County Court?

 

Any advice would be gratefully accepted.

[grobbo24]

Can anyone offer any advice on this, not sure what to do.

[lookinforinfo]

When you say they have defaulted, how long is it since you sent them the

CCA request. When you give us the date you sent them, we can then advise further. In the meantime, do not make any more payments to their accounts.

 

As far as the ccjs are concerned, the fact that the companies who were

responsible for applying them are in default is immaterial. The Court issued

the ccjs and only the Courts can remove them. And they would only do

that now if the debt did not exist at the time it was applied for.

[grobbo24]

The CCA requests were sent recorded delivery on the 8th January, and according to the royal mail website have been delivered.

[Bigmac versus]

So by Mon the 21st they were in default, stop paying them, wait another calander month then they have committed a criminal offence, then you can report them to TS or even to the police as i have heard some wish to, your choice depending on what you are wanting from this.

[grobbo24]

I've cancelled the standing orders to the others but my worry is with the CCJ's if I don't pay them can they still take enforcement action against me even though they are in default.

 

Should I write to the court informing them that the DCA's are in default of my CCA request and request that the judgement is set aside?

 

I am confident of what action to take with the others thanks to all the people on this forum, but still am a bit wary were the CCJ's are concerend.

[sandrock]

BUMP

 

sounds like im in the same situation as you.....

[noomill060]

If you have a CCJ ordering you to pay, you should keep paying.

 

Contact the Police or Trading Standards regarding their criminal default 30 days after 12 working days after they recieved your CCA request.

[grobbo24]

Received a reply to one of my CCA requests, from Monument (part of Barclays), they have sent me a copy of the t&c's and a photocopy of the application.

 

The application says 'Credit Agreement Regulated By The Consumer Credit Act 1974 and then goes on to saying 'I am applying for a priority reserve credit card.'

 

It only has my signature on it and the date of signature in a box under the wording This is a Credit Agreemen Regulated By The Consumer Credit Act 1974.

 

Underneath that it has the 'Your right to cancel' statement and under that 'For Office Use Only'

 

There is no signature from the credit card company or date of agreement.

 

1/ Am I right in assuming that they have not fully complied with my CCA request and that this is not a properly executed credit agreement?

 

2/ Should I now reply to them pointing out this fact and remind them that the time limits are still in place to comply fully with my request?

 

Any thoughts on this gratefully accepted.

[grobbo24]

Just come back from post sorting office to pick up a special delivery to find it is from Capital One, not replying to my CCA request, they have instead sent me info under the Data Protection Act 1998: Subject Acces Request, which I haven't even asked for.

 

Looks like I will be writing to them thanking them for the info but they still have not complied with the CCA request that I actually asked for and that the clock is still ticking seeing as they are in default.

 

Looks like these financial and DCA companies don't really read what you send them.

 

Just makes it a bit easier for people like us.

[grobbo24]

bump

 

anybody got any advice on post 9?

 

thanks

[Joh7n]

Hi Can anyone tell me what a cca request is and where I could find an example please

Thanks

[tifo]

I've cancelled the standing orders to the others but my worry is with the CCJ's if I don't pay them can they still take enforcement action against me even though they are in default.

 

Should I write to the court informing them that the DCA's are in default of my CCA request and request that the judgement is set aside?

 

I'm in the same situation.

 

I'm paying the CCJ's as per order but have stopped paying the others. This way i cannot be seen to break the order.

 

I will then apply to the court for removal of the CCJ and the default on the grounds that they have not proven ownership of the account etc.

[timtimbo]

Can anyone what criminal offence they are commuting, chapter and vers,