caa requests not provided,help please

[winny14]

i recieved letter from link dated 23/03/2007 claiming they had been assigned a debt from abbey and had to settle in full. i rang to discuss payment plan but they where rude and threatening. the figures they quoted did not match mine

sent caa request and dispute of debt 31/03/2007 not showing as delivered yet via royal mail.

this morning i recieved letter from 'abbey' though it looks like a photo copy to me and the post mark on the envelope suggests its from link address not abbey. letter is dated 29/03/2007 and is giving me notice that the alleged debt was transferred to link on 31st january 2007 and i must communicate with link.

i also received my credit report this morning from experian and the default registered at 04/03/2007 is showing it registered to abbey with a different balance.

upon til begining of this month i was paying direct debit to credit security in respect of this account.

 

sent caa request to moorcroft debt recovery with regards littlewoods catalogue debt and this morning received letter stating they would contact their client to obtain caa and asking if i would give indication of information provided if court action or relevant stautory authorities are to be informed in relation the alleged subject matter of the account. they have asked me to provide this by return post.

on my credit report with experian the default is showing as being registerd to legal direct recs as at 04/03/2007

 

sent caa to global debt recovery with regards a loan i took out with tsb in 1998 and they have said that due to the age of the account the documents are not readily available but they have enclosed screen print out of the payments recieved. this is not showing on my experian credit report but a old current account held in joint names with ex husband is showing as settled, gloabl also dealt with the repayments on this account wich i settled in full 2 years ago. i am still awaiting credit report from eqifax so it maybe on that?

 

nationwide b/s are also showing a default from a current account no longer open and in joint names with my ex husband, i believe this account was included in my husbands bancruptcy in january 2002. it is showing default date at 15/02/02 with balance of £1528. i have never had anyone contact me regarding this account and do not know if it should be on my credit report. i think this account was overdrawn and thatis where the debt has come from but such a long time ago i cant be sure

 

please advise on what i should do next, my main concern is link has they have made suggestions regarding my home and i intened to fight this every step of the way.

my current financial situation is not good and i'm in recipets of benifits. on the advice of cccs i cancelled my existing direct debits to the above debts (with the expeption of link as they have only just come on the scene) and i have been advised to send token ayments of £1 month. i recieved this advice last week only so as yet i have not offered the £1 as i then sent caa requests.

hope all this makes sense and i'm sorry its a long one

thanks for reading, nick

[winny14]

i have just had link on the phone twice informing me that i have to pay £5 for the information i have requested (cca). i told the man the stautory fee was £1 and told him not to ring again and i infromed him i was terminatiing the conversation, which i did, he then rang me straight back and told me he would not put it in writing as they where telepohne based and not letter based.

i recorded the conversations on my mobile but didin't inform him of this, am i breaking any laws?

when i sent my first letter requesting cca i stated that no-one shuld telepohone me and all coorespondance should be in writing only, can i report them to someone?

the above thread should have read cca not caa, i get confused with the jargon.

do i write again or sit and wait for them to default on my request?

[Sve]

NEVER communicate with them over the phone and ALWAYS inform them that you are recording the conversation. The fee IS 1 GBP - I think they are trying to buy themselves time. You need to obtain proof of delivery from Royal Mail. If you have sent your letter recorded delivery, you can call them and ask for separate proof of delivery (if it is not shown on their site) - I think the separate proof of delivery is 2,50 GBP or something like that...

You now sit and wait for them to default. After they default you will stop any arranged payments you might have.

[PriorityOne]

i recieved letter from link dated 23/03/2007 claiming they had been assigned a debt from abbey and had to settle in full. i rang to discuss payment plan but they where rude and threatening. the figures they quoted did not match mine

sent caa request and dispute of debt 31/03/2007 not showing as delivered yet via royal mail.

 

Did they cash your cheque ?... as this is proof. Sometimes, the website doesn't show that a request has been received, but if you 'phone the number on the back of the slip, you can find out that way.

 

this morning i recieved letter from 'abbey' though it looks like a photo copy to me and the post mark on the envelope suggests its from link address not abbey. letter is dated 29/03/2007 and is giving me notice that the alleged debt was transferred to link on 31st january 2007 and i must communicate with link.

 

Link may be a company owned by Abbey, or they may be collecting on behalf of Abbey whether owned by them or not.

 

i also received my credit report this morning from experian and the default registered at 04/03/2007 is showing it registered to abbey with a different balance.

 

Suggests that Link do not own the debt and that Abbey does.... who may have slapped on a load of unlawful charges. Once you have established that Link do not own the debt (CCA default), you can then send a SAR to Abbey to re-claim these charges.

 

upon til begining of this month i was paying direct debit to credit security in respect of this account.

 

Why did this change ?... are they still chasing you ?

 

sent caa request to moorcroft debt recovery with regards littlewoods catalogue debt and this morning received letter stating they would contact their client to obtain caa and asking if i would give indication of information provided if court action or relevant stautory authorities are to be informed in relation the alleged subject matter of the account. they have asked me to provide this by return post.

 

Don't bother replying.... sounds like Moorcroft haven't got it. The onus is on them to supply it.... they are just trying to intimidate you with legal-sounding jargon.

 

on my credit report with experian the default is showing as being registerd to legal direct recs as at 04/03/2007

 

Which debt ?.... the one with Moorcroft ?

 

sent caa to global debt recovery with regards a loan i took out with tsb in 1998 and they have said that due to the age of the account the documents are not readily available but they have enclosed screen print out of the payments recieved.

 

No docs. = no enforceable debt, so you can stop payments if they no longer have your CCA.

 

this is not showing on my experian credit report but a old current account held in joint names with ex husband is showing as settled, gloabl also dealt with the repayments on this account wich i settled in full 2 years ago. i am still awaiting credit report from eqifax so it maybe on that?

 

It won't be on the one from Equifax because defaults drop off after 6 years.

 

nationwide b/s are also showing a default from a current account no longer open and in joint names with my ex husband, i believe this account was included in my husbands bancruptcy in january 2002. it is showing default date at 15/02/02 with balance of £1528. i have never had anyone contact me regarding this account and do not know if it should be on my credit report. i think this account was overdrawn and thatis where the debt has come from but such a long time ago i cant be sure

 

It's on you credit report because it was a joint account, but will drop off in approx. 10 months.

 

please advise on what i should do next, my main concern is link has they have made suggestions regarding my home and i intened to fight this every step of the way.

 

As advised, ring the Royal Mail and post back if you enclosed a cheque or PO for the £1 CCA fee.

 

my current financial situation is not good and i'm in recipets of benifits. on the advice of cccs i cancelled my existing direct debits to the above debts (with the expeption of link as they have only just come on the scene) and i have been advised to send token ayments of £1 month. i recieved this advice last week only so as yet i have not offered the £1 as i then sent caa requests.

 

See if any of the above can comply with the requests.

 

hope all this makes sense and i'm sorry its a long one

thanks for reading, nick

 

[winny14]

thanks priorityone, in answer to some of your questions:

Did they cash your cheque ?... as this is proof. Sometimes, the website doesn't show that a request has been received, but if you 'phone the number on the back of the slip, you can find out that way.

link rang today and informed me they have got my request but want fee of £5 to process, i have him recorded on my mobile, told him to put it in writing, not to ring again and hung up, he rang back and said he wont put it in writing as they are telephone based. told him stautory fee is £1 told him not to ring again has it also stated in my letter no telephone calls to me. i hung up again.

i will chase up roayal mail in the morning.

Link may be a company owned by Abbey, or they may be collecting on behalf of Abbey whether owned by them or not.

link are not owned by abbey they are an irish company i believe. the letter is a photo copy of abbey's letter head and is in black and white not the standard red? i'm wondering if they are being naughty sending this as if it is abbey sending me the letter, seems odd as my account was apparntly assigned to them in january yet this has come after i told link to go away?

Why did this change ?... are they still chasing you ?

no idea why it changed and i didn't miss my payments to them, but no they are not currently chasin me.

on my credit report with experian the default is showing as being registerd to legal direct recs as at 04/03/2007

 

Which debt ?.... the one with Moorcroft ?

yes the debt with moorcroft wich seems odd to me.

thanks again for replying its big help:)

[PriorityOne]

Hi again,

 

The CCA request costs £1... so ignore any attempts to extort an additional sum from you. If they had it, I am sure they would have sent it to you. if they decide not to "process" your request then they are in default of a legal request, which makes it their problem and not yours.

 

I have changed my opinion since your last post.... Looking at your default date from Legal Direct Recoveries, it suggests that the account was sold to Link just after LDR entered a default on your credit file..... which means that Link are not acting for Abbey at all, but that they have bought a debt from Legal. It will be interesting to see what they do with it when they cannot comply with your request, which I don't think they will.

 

The next step will be to check the legality of LDR entering a default on your file.... but see how Link respond to the CCA request first. If they don't comply with your request, then they cannot chase you for payment after the 12 working days. The only way that they can legally enforce payment after this time is if they have the CCA document re-enforced in court.

 

I would wait for all of these companies to default on your CCA requests before tackling the default issues.... but the default on the Moorcroft accounts sounds fishy because there's unlikely to be a CCA for a Littlewoods catalogue debt, which questions the right of LDR to enter a default against you.

 

[winny14]

hi priority

i think we have some confusion here.

the deafult registered by LDR is actually the debt moorcroft have been in charge of that belongs to littlewoods. i have had another look at my credit report and it turns out that LDR are credit control management at littlewoods address.

my abbey loan is showing as being registered with abbey on my cedit report and shows defeault date at 31/05/01 the status history is 8 and according to experian booklet this states the agreement has ended, my credit report shows no payments yet i was paying credit security every month and will be able to prove with bank statements, i'm a hoarder and keep paperwork regarding debts credit etc. this is the debt that link are claiming has been passed to them and it was for a loan.

my letter from abbey, which i dot believe was from abbey but from link pretnding to be abbey states my alleged acc was assigned to them on the 31/january 2007 yet my credit file from experian is showing debt belonging to abbbey at the date 4th march 2007.

all seems bit naughty and confusing to me but i will happily sit and wait for them to default on the cca requests..

[PriorityOne]

hi priority

i think we have some confusion here.

the deafult registered by LDR is actually the debt moorcroft have been in charge of that belongs to littlewoods. i have had another look at my credit report and it turns out that LDR are credit control management at littlewoods address.

 

Oh I seeeee !! In that case, if Moorcroft cannot supply the Agreement (which they probably won't), they will either pass it back to Littlewoods or... you may not hear from them again.

 

my abbey loan is showing as being registered with abbey on my cedit report and shows defeault date at 31/05/01 the status history is 8 and according to experian booklet this states the agreement has ended, my credit report shows no payments yet i was paying credit security every month and will be able to prove with bank statements, i'm a hoarder and keep paperwork regarding debts credit etc. this is the debt that link are claiming has been passed to them and it was for a loan.

 

This default will drop off in a few months... they are only your file for 6 years.

 

my letter from abbey, which i dot believe was from abbey but from link pretnding to be abbey states my alleged acc was assigned to them on the 31/january 2007 yet my credit file from experian is showing debt belonging to abbbey at the date 4th march 2007.

 

I agree, this is confusing .... but since you have sent CCA requests out... it puts you in control and you will eventually get some answers. Hopefully none of them will be able to comply.

all seems bit naughty and confusing to me but i will happily sit and wait for them to default on the cca requests..

 

The debt collection industry is riddled with naughtiness and confusion... at the expense of the consumer.

 

[winny14]

up date on global debt recovery:

i sent CCa request in this form

To Whom It May Concern:

I am writing to inform you that my financial current circumstances have changed and am seeking advice from CCCS with regard to this matter. I can no longer afford to pay the agreed amount and in lie of the above information can you please hold activity on this account until I send my financial statement.

I also request from you the following documentation

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Yours sincerely

 

sent this recorded 31/03/2007.

yesterday i recieved letter stating thay dont have my documnets readily available due to the age of the account.

today i recieved a letter stating that i am in default on my agreement and i must rectify this situation today before legal proceedings commence.

they recieved a payment from me on the 2nd april 2007 as it was to late to cancel my direct debit when i sent the cca request.

not sure how i have defaulted and wondering if this is a distraction to encourage me to forget my cca request.

my understanding is that now i have requested cca the account is now in dispute and they cant enforce anything at this stage, is this correct?

i am tempted to ring them ( witholding my number of course) and reminding them about my request and ask them to clarify how i am in default?

[PriorityOne]

yesterday i recieved letter stating thay dont have my documnets readily available due to the age of the account.

 

Oh dear...

 

today i recieved a letter stating that i am in default on my agreement and i must rectify this situation today before legal proceedings commence.

 

They cannot pursue you for payment whilst in default of your request.

 

they recieved a payment from me on the 2nd april 2007 as it was to late to cancel my direct debit when i sent the cca request.

not sure how i have defaulted and wondering if this is a distraction to encourage me to forget my cca request.

 

It could be a standard letter...

 

my understanding is that now i have requested cca the account is now in dispute and they cant enforce anything at this stage, is this correct?

 

Yes, it is.

 

i am tempted to ring them ( witholding my number of course) and reminding them about my request and ask them to clarify how i am in default?

 

Better to write (rec Delivery)...

Dear xxxxxx

Reference xxxxxxxx

Thank you for your letter of xx/xx/2007. However I am somewhat bemused by your suggestion that I am in default.

To date, you have not complied with my request for a Consumer Credit Agreement (Consumer Credit Act, 1974), received by you on xx/xx/2007. Therefore, it is you who are in default and not I.

This means that any further attempts to enforce payment while you remain in default of this request will represent further offences under the above Act, until this document can be produced and re-enforced in court.

Yours sincerely,

 

[winny14]

thanks priorty, they only received my cca request monday (02/04/2007) so am i best to wait until they are in default of providing it before i send that letter?

or maybe i could just write and ask them to kindly explain how i am in default, without at this stage reminding them of the cca

i think it would be interesting to see how they explain my default seeing has i have not missed a payment to them

[PriorityOne]

thanks priorty, they only received my cca request monday (02/04/2007) so am i best to wait until they are in default of providing it before i send that letter?

 

In that case, keep hold of it and send it if you get any more threats after the 12 day default.

 

or maybe i could just write and ask them to kindly explain how i am in default, without at this stage reminding them of the cca

 

No need.... bide your time

 

i think it would be interesting to see how they explain my default seeing has i have not missed a payment to them

 

[winny14]

i have had a letter from link this morning with regards to my request for cca they state

there is often considerable confusion as to the information our customers may request from us and the fees we charge for providing that information.

Section 77 & 78 of CCA 1974:

 

"These sections do not apply to your account. This is because S77 & 78 only apply to "matters arising during the currency of ...agreements". Since the agreement relating to your account has been terminated (for non-payment) the agreement is no longer "current"".

 

They then go on to say that I can obtain a copy of data they hold about me for a fee of £5. Then they go on to say that a copy of my agreement may be available from the original lender. They are prepared to obtain a copy but will again cost a fee of £5.

also i have had two differents balances from link and on my credit reports it shows different balance again and it is showing as belonging to abbey national.

i believe they recieved my cca on 2nd april, but still chasing proof from po,

do i just sit and wait now for them to default?

not sure what to do with this and i dont believe they own this alleged debt anyway seein as it is showing as belonging to abbey on my credit reports.

[ODC]

This is their Bog Standard Reply. They are talking a load of manure and trying to weasel their way out of the fact they havent got the CCA agreement. The 12 days will soon be up and then they are the ones with the problemo

[ladybird17]

oh well that's ok then, winny - agreement terminated - end of story!!

 

(I do say that a little tongue in cheek, but only a little) - so if they think the agreement "may" be available form the original lender, then CCA the original lender.

And did they send you the deed of assignment? Or do they want a fiver for this?

[winny14]

hi lady bird

they didint mention deed of assisgnment but they sent me letter last week pretending to be from abbey saying my account had been passed to them.

i have kept the envelope with postmark on and will use that if need be to show they are impersonating abbey when they are not.

do you thoink i should cca abbey now are wait and see what happens next?

[ladybird17]

the way I see it - THEY say they can't supply copy of sgreement but "may" be able to get it from original lender for a fiver. So you CCA original lender - which will only cost you £1 - and also put in the letter, that Global are unable to supply the agreement, but have suggested that Abbey will have it as they were the original lender, so as Global cannot comply, could they please send you copy of original agreement....pretty sharpish!!

[ODC]

Let Link waffle all they like. After 12 +2 they are in default and 30 calendar days after that they have committed a criminal offence. The statutory fee is £1. As for all that rubbish that S 77 & 78 dont apply because the agreement was teminated

[PriorityOne]

Winny... don't do anything else. Link are close to defaulting because there is no Agreement. The law states how much can be charged for this doc.... not Link, so they are talking bowlarks.

 

As for the original lender.... why bother sending a CCA ? You don't really want them to find it, do you ? If the account has been passed back to Abbey, then Abbey will contact you in due course and you can CCA them then, if necessary.

[ladybird17]

yup - i've revisited - priorityone is right.

 

Although ODC - the jury appears still to be out on the "criminal" offence, do you have a link that defintively says it is"criminal"?

[ODC]

yup - i've revisited - priorityone is right.

 

Although ODC - the jury appears still to be out on the "criminal" offence, do you have a link that defintively says it is"criminal"?

Sorry I dont

[winny14]

thanks for advice everyone,

i will sit on this and do nothing for now but will give updates when i get them,

i reckon link will be in touch soon going off what i have read on this site so will deal with them based on their next move.

[winny14]

hi everybody

here is up date on current situation.

i have this morning receieved from littlewoods finance company (moorcroft was dealing with this) what they claim to be a credit agreement.

it is not signed by them or me and looks like a bog standard letter. no terms and conditions etc.

i dont know how to scan it to display but convinced it isnt cca.

on the covering letter that came it isnt requesting money from me just simply states that ' under section 77 and 78 of the CCA they are obliged to provide me with a copy of the executed agreement (if any)'

they go on to say the agreement supplied complies with the requirements of cca regulations 1983?

i dont see how this is the case and wondering what my next step should be?

 

with regards to the other cca requests to link and global they have not complied, they recieved and acknowledged my requests on the 2nd April so by my reckoning they default today or tomorrow?

all advice welcome and thanks to everybody for all help received, its much appreciatied and valued

[ladybird17]

winny -

Does it say at the top "Consumer Credit Agreement Regulated by the Consumer Credit Act 1974?"

 

Has it got all the prescribed terms on it?

 

You can scan, save and then download photobucket and post it on.

 

Or just give us more ino!!

[ODC]

hi everybody

here is up date on current situation.

i have this morning receieved from littlewoods finance company (moorcroft was dealing with this) what they claim to be a credit agreement.

it is not signed by them or me and looks like a bog standard letter. no terms and conditions etc.

i dont know how to scan it to display but convinced it isnt cca.

on the covering letter that came it isnt requesting money from me just simply states that ' under section 77 and 78 of the CCA they are obliged to provide me with a copy of the executed agreement (if any)'

they go on to say the agreement supplied complies with the requirements of cca regulations 1983?

i dont see how this is the case and wondering what my next step should be?

 

with regards to the other cca requests to link and global they have not complied, they recieved and acknowledged my requests on the 2nd April so by my reckoning they default today or tomorrow?

all advice welcome and thanks to everybody for all help received, its much appreciatied and valued

 

I think they have answered the question for you themselves

 

You made a request under 1974 act

They are waffling