cca - how long to reply

[tote alley stressed]

Hi, sent a cca to catalogue on 9th Feb and have had no reply. A few days before this I had quite a horrid conversation with them - they were quite threatening. What happens now? Only proof I have is receipt for postal order,

[mamatemi1]

Has postal order been cashed? Time scale for CCA is 12 working days and they are in default, another 30 CALENDER days and than they will be commiting a criminal offence and you can take them to court.

[NailPost]

Did you send the request recorded delivery? If not check the postal order's been cashed, where and by whom. If this was crossed and made payable to the debt collector this is quite easy but the Post office will charge a fee.

 

The debt collector has 12 working days to supply a signed, true copy of the credit agreement they claim exists and which they claim is in arrears hence their contacting you for the money. They must also supply a statement of account and proof of their right to collect.

 

If this is a catalogue matter the likelihood is no signed agreement exists.

 

No documents within this 12-day period means they cannot enforce their claim with persuading a judge (ie court action). If they still don't produce the documents a calendar month later they have committed a criminal offence. It makes the likelihood of their taking legal action even less so.

 

If the debt collector contacts you during the 12-day period trying to mase you pay up that is against OFT guidelines (not against the law but still a black mark). Log it and wait.

 

You cannot take legal action against them unless they add inaccurate information on your credit files. If they do and they don't remove it you could issue a claim against them for damages. The Info Commissioner, after a formal complaint is made, will force the debt collector to remove it.

[casbah]

Does this cover ALL credit agreements???

 

cas

[paulwlton]

Has postal order been cashed? Time scale for CCA is 12 working days and they are in default, another 30 CALENDER days and than they will be commiting a criminal offence and you can take them to court.

 

That would be up to the regulatory body which is the OFT and Trading Standards, and in any case, the breach would have to be repudiatory for TS to take any form of action.

 

Paul