1st Credit

[hungrybear]

I would say that this is a very important moot point.

 

Can abyone clarify it?

 

I mean - do we pay anyone who comes knocking, even if they cannot prove the debt with our requested CCA?

 

That is what DCA's would like, but no absolutely not. No CCA = No debt - and I dont just mean no legally inforceable debt, it means no debt exists. Of course if the debt does exist then they will provide proof to that effect .

 

CAB are unaware about CCA requests too, which is worrying. My experience with 2 of their assistants was that they say just be nice an pay anyone who threatens you for your dosh.

 

Oh I would love to say what I really think, but I won't.

 

 

HB

[hungrybear]

That's the way it SHOULD work but 1st crud are a law unto themselves...You just have to laugh at the idiots :lol:

 

Well at the moment I ain't laughing at 'em. Instead I'm submitting complaints to everyone from the IC down. And if that don't get me there then there's always the High Court :grin:.

[creditcardmug]

My thinking was, and I will bow to a more informed voice, that they must be able to show the legal basis upon which they are processing your data?

 

Your consent is required in order for them to process your data, this consent is given in a consumer credit agreement, on that basis alone you are entitled to a copy, should you request it

[questioner]

Oh I would love to say what I really think, but I won't

 

Ah go on - tell them what you know. They really do need training up properly for sure! My face went red when I had to explain this to them CAB assistants who were supposed to be helping me. One even got nasty and said "well you got yourself in debt so you have to deal with it and no I never heard of this CCA thing." I was so peed off that I nearly walked out.

 

I was utterly gobsmacked at their ignorance and how many poor souls in states of worry/suicidal depression are being given the wrong advice by them?

 

I figured the No CCA =No debt bit for myself, I mean with no proof what can they do but shout and spit at us.

 

I will be interested to see what this RW lot do and how they are going to hassle me now that I have junked the other two with CCA requests they cannot deal with, 1st crud and crudit solutions.

 

It looks like the OC is not going to get involved but just wants them to fight over me themselves.

 

Such fun!

[questioner]

I love what is happening with OFT and the crudites

 

Brilliant stuff!

[nicklea]

My thinking was, and I will bow to a more informed voice, that they must be able to show the legal basis upon which they are processing your data?

 

Yes, that is correct. But the fact that they have not responded to a request under s77/s78 CCA does not affect their ability to process your data. Failing to reply to your request does not mean that a signed agreement does not exist it merely means that they may not enforce the agreement in court until such time as they do comply.

 

What you need to do is to send them a notice under s10 dpa (you will find templates on this site) telling them to cease processing unless they can prove that they have your consent. If they fail to do that then you can complain to the ICO and also make an application to the court that they be ordered to comply with your s10 notice.

[questioner]

It seems rather odd though that they ignore CCA requests for 8 months or more don't you think.

 

Surely if they had one they would pull it out and stop messing about.

 

If they do produce after all this time and nasty threats then they can happily have the quid a month back off me.

 

But ??

 

PS the new RW hitmen are phoning rather a lot but wasting their time as I have no intention of ever speaking with them. They sound so like 1st crude too - must be good friends with them.

 

: -)

Edited May 1, 2009 by questioner

[questioner]

Barclycard give one of my alleged debts to crudite solutions. I did a CCA request to Crudite solutions. They failed to comply and said it was going back to BC. Now I get a letter threatening me from RW (plus lots of nasty calls of aggressive young callers) about it so it seems to have been passed to them.

 

Is something amiss here? I though that they were not supposed to do this when I disputed it and they failed the CCA test.

 

“Bog off” letters needed perhaps?

 

WHAT DO I SAY?

 

Help.

[lilly white]

Ok

 

it is a game they do not have to send anything however as you are aware they need to prove the debt.

 

So you request the CCA NO CCA, DEBT IN DEFAULT END OF.

 

DO NOT BLINK 1ST

 

PLEASE ENJOY THE WEEKEND

 

 

THE VERY BEST REGARDS LILLY

[babybear39]

Send RW letter 16 from here:

 

The Consumer Forums - Debt collectors

[questioner]

I have done it - thanks

 

Hard to understand why they keep messing about like this. I mean to say - if they just give me the cca thing I will happly give them a quid a month

 

If no cca = no debt they are silly to carry on so like naughtly little kids with a lolly

 

Why has BC sent it to another lot such as this RW crew when they failed to comply with their Crudite solutions pals?

 

Do they think I will forget this?

[Duffers Mum]

Because they are a bunch of idiots, who will try anything to get money out you, whether they can prove you owe it or not! Don't let them get you down..they haven't provided the CCA, just keep reminding them of that

[babybear39]

Wait til you get a full set of DCAs

[questioner]

And as I expected 1st crudite have resurfaced after all my letters requesting a cca.

 

They have once again sent me their nice LEGAL ACTION letter.

 

Therefore, they get my request for a cca right back once again.....

 

Boring very boring........

 

SERIOUS DISPUTE or what.

[babybear39]

Have you reported them to TS and the OFT yet?

[Duffers Mum]

When will this bunch of idiots ever learn! doesn't matter what you tell them, they just ignore it.....no doubt you'll get the obligitory statutory demand next, which you will get set aside and hopefully some nice costs awarded to you as well.

 

Good luck

[questioner]

I have reported them .

 

Another point that I would like to ask is.

 

One day I may have the means to settle up with my list of creditors - full/final settlements and all that stuff

 

WHAT HAPPENS THEN.

 

Do I just ignore the few like worse credit who cannot/will not honour the CCA request and pay the rest or....?

 

The point is that they never stop hassling you.

Edited May 9, 2009 by questioner

[babybear39]

I have reported them .

 

Another point that I would like to ask is.

 

One day I may have the means to settle up with my list of creditors - full/final settlements and all that stuff

 

WHAT HAPPENS THEN.

 

Do I just ignore the few like worse credit who cannot/will not honour the CCA request and pay the rest or....?

 

The point is that they never stop hassling you.

 

It's your personal choice

[Duffers Mum]

When I made full and final offers to my creditors, they all turned them down and transferred the accounts to DCA's, I guess they knew then I couldn't pay the whole amount. Only Barclaycard eventually accepted at around 40% of the outstanding balance. I would never ever ever offer a DCA a F&F settlement, I made the decision I would only make the offer to the original company. In fact I made a point of never offering a DCA anything, as yet none of the DCA's have been able to provide a CCA.

 

Good luck

[questioner]

It All Sounds Very Grim.

[zazen.warrior]

I'm beginning to think a request made pursuant to the Civil Procedures Rules ( Pre action protocols and Part 31.16) should be the immediate reaction to any night crawler who as much as mentions they *may* take legal action. Go for the jugular.:p:p

[babybear39]

Not as grim as you think...Treat them with the same contempt that they treat you with and you'll feel better

[babybear39]

I'm beginning to think a request made pursuant to the Civil Procedures Rules ( Pre action protocols and Part 31.16) should be the immediate reaction to any night crawler who as much as mentions they *may* take legal action. Go for the jugular.:p:p

 

I agree...As soon as legal is mentioned it's CPR time

 

Give 'em as good back and see how they like it

 

Toys out of the pram time methinks

[questioner]

Guys I love your syle but

 

"I agree...As soon as legal is mentioned it's CPR time"

 

 

You lost me here - what is it???

 

The link won't work

 

And I am with you all the way that attacking back is the best way with these crudites.

Edited May 11, 2009 by questioner

[questioner]

the trading standards lot were not that bothered and send me here

 

The Office of Fair Trading: Unfair relationships

 

You need to be a legal eagle to understand it all tho.

 

They also mentioned seeing CAB (no way) but they were no use at all and didnt even know about cca requests so..

 

most peope will want to complain but it all so flaming complicated.

 

i just want to send all my letters about this to the right place and let them fight it out with the crudites but looks like a minefield of balony and a real turn off

 

I will probably just wait until I can afford to sort it all out with the cretins who give me proof that I have a debt with them and tell the rest who cannot to go ****themselves....

 

:-?