CCA with DCA

[souljahslim]

Hi, I just has a call from 1st credit stating that they wanted to know why I had sent them a pound, i advised as stated in the letter that I sent them that it was for the a copy the agreement. They advised me that they have sent a request to HSBC and that it may take at least a month and that it will not be an original. She then advised me that they had rang me in error.

 

I have been paying them monthly payments for 4 months now,

 

If 1st Credit cant supply a credit agreement do i still have to pay the debt as they said I had admitted liability, which I have,

 

does the credit agreement they supply have to be the original as thgey told me to get on touch with HSBC for the original. Do I have to do this?

 

Finally she said that they sent a letter by accident to me saying that the outstanding balance had been paid, she told me to ignore this, and made a point of telling me that the call was recorded and again saying that it was on record that she had jus told me to ignore this.

 

I said that I would try and then i said to write to me in the future which she didnt like and she went on to say that the solicitors would contact me and I said they could then she hang up, what do u think will hapepen now

 

thanks

[PriorityOne]

Hi there,

 

If 1st Credit cannot supply a true, signed copy of the agreement within 12 days from them receiving your request, then they are in default and you are within your rights to cease payment... it has nothing to do with "admitting liability". They have to prove that they have a legal right to collect payments from you.

 

If 1st Credit are collecting from you, then it is their responsibility to produce this document... not up to you to chase it up from HSBC... so ignore that 1 as well.

 

If you have a letter saying that the balance has been paid, then keep it safe in case you need to produce it in the future. Having said that, I doubt that 1st Credit will comply with your request... the converation you describe suggests that they don't have it. If they haven't bought the debt, then the account will be passed back to HSBC and you can query the contents of the letter then.

 

Menwhile, do not discuss your accounts on the 'phone any more. DCAs will say anything in order to get money from you... based on lies, half-truths and ignorance of the law. If they persist in 'phoning you, send the letter in the Bank Templates section - Harrassment by Telephone : response letter.

 

[diskmandave]

Hi, I just has a call from 1st credit stating that they wanted to know why I had sent them a pound, i advised as stated in the letter that I sent them that it was for the a copy the agreement. They advised me that they have sent a request to HSBC and that it may take at least a month and that it will not be an original. She then advised me that they had rang me in error. that's fine.

 

I have been paying them monthly payments for 4 months now,

 

If 1st Credit cant supply a credit agreement do i still have to pay the debt as they said I had admitted liability, which I have, as per limitations act this can only be done in writing signed by the debtor.

 

does the credit agreement they supply have to be the original as thgey told me to get on touch with HSBC for the original. Do I have to do this? no and no, it has to be a true copy and 1st credit have get it and send it you.

 

Finally she said that they sent a letter by accident to me saying that the outstanding balance had been paid, she told me to ignore this, and made a point of telling me that the call was recorded and again saying that it was on record that she had jus told me to ignore this. ask for a copy of the recording. S.A.R - (Subject Access Request) maybe.

 

I said that I would try and then i said to write to me in the future which she didnt like and she went on to say that the solicitors would contact me and I said they could then she hang up, what do u think will hapepen now. post again if this happens!

 

thanks

 

Regards, Dave.

[souljahslim]

Hi both thanks for your replies,

 

when u say a true copy do u mean the original, not a photo copy

 

should I stop paying 1st credit then the debt is less than 6 years old and it is still on my credit file and I have only 3 months left till its removed. Its about £400 and I dont really want to go to court,

 

If they cant supply a CCA then does that mean that they dont any legal right to collect the debt. If i request a cca is the debt in dispute,

 

what about the £600 that I have already gave them how would i claim this back as I dont believe they will suppy the original agreement

 

By the way what are the actual time frames for a cca, what happens if they dont supply anything after 12 working days

[PriorityOne]

Hi both thanks for your replies,

 

when u say a true copy do u mean the original, not a photo copy

 

should I stop paying 1st credit then the debt is less than 6 years old and it is still on my credit file and I have only 3 months left till its removed. Its about £400 and I dont really want to go to court,

 

If they cant supply a CCA then does that mean that they dont any legal right to collect the debt. If i request a cca is the debt in dispute,

 

what about the £600 that I have already gave them how would i claim this back as I dont believe they will suppy the original agreement

 

By the way what are the actual time frames for a cca, what happens if they dont supply anything after 12 working days

 

Ok... when you make a CCA request, it is for a true, signed copy of the original agreement....it must have both your signature on it and also, the signature of the creditor. An application form is not a CCA.

 

Once you have made a CCA request (by recorded delivery), the DCA (Debt Collection Agency) has 12 days from the date of signature within which to comply. If they have not produced a CCA within this timeframe, they are then in default and you are within your rights to withhold further payments until the document can be produced and the agreement re-enforced in court. If the CCA has not been produced within a further calendar month, they will then have committed a criminal offence.

 

The account is in dispute from the moment a DCA receives your CCA request until they comply with that request. This means that any attempts to enforce payment after they have defaulted, represents a further offence.

 

Do not worry about the money you have already paid at this point. Wait and see if they comply with your request or not.

 

[souljahslim]

Hey thanks for clearing that up for me,

 

if they do not supply the agreement within 1 month would that means that have committed an offence, does it also mean that they are not allowed to collect the debt any more

[PriorityOne]

Yes... and Yes again... if they have been collecting on behalf of HSBC, then the account will be passed back to them. If they have bought the debt and can't produce the CCA.... they can get lost.

 

[souljahslim]

thanks your a star, so they have till monday and if they dont supply it I can forget about the debt which is great news, the likelihood they will take me to court over £400 is low and even if they did they have to say why they committed an offence

[PriorityOne]

The very best of luck to you....

[The Lantana]

The very best of luck to you Souljahslim.

 

When Banks etc. fail to produce copies of a duly executed credit agreement it is usually because they can't. By this I mean the document has been lost or maybe even destroyed. This means they cannot enforce the debt through the courts. So if they don't produce the agreement, chances are you're in the clear.

 

The fact that they are committing an offence by not producing the agreement is, sadly, no big deal and they are unlikely ever to face prosecution for this.

 

However if they're subsequently able to produce a copy of the agreement they can very easily re-enforce it through county court action. This tends not to happen, not because Banks fear prosecution, but simply because they remain unable to produce the agreement.

 

Regards

 

 

Lantana