Paying for CCA with Postal Order

[beancounter]

Beware of a new ploy. My wife CCA'd an original lender on 2/3/07 enclosing a £1 PO to cover the fee. Lender defaulted. On 30/3/07 lender wrote saying PO was not acceptable method of payment for CCA request. (They kept PO though!) They asked for cheque for £1 and said CCA agreement would follow within 12 days of them receiving the cheque. I assume this is rubbish. Other lenders have accepted them. Anyway, my wife no longer has a cheque account and lender has been told this previously. I intend waiting the full 30 days then asking them where in the CCA legislation it says POs are not acceptable. By this time they will have committed an offence.

[kennyparkroad]

be careful they are not asking for checks so they can copy your signature!

 

postal order is fine and acceptable.

 

if they say it isnt, id like to see them take it to court to prove it! lol

[Jeff2000]

Beware of a new ploy. My wife CCA'd an original lender on 2/3/07 enclosing a £1 PO to cover the fee. Lender defaulted. On 30/3/07 lender wrote saying PO was not acceptable method of payment for CCA request. (They kept PO though!) They asked for cheque for £1 and said CCA agreement would follow within 12 days of them receiving the cheque. I assume this is rubbish. Other lenders have accepted them. Anyway, my wife no longer has a cheque account and lender has been told this previously. I intend waiting the full 30 days then asking them where in the CCA legislation it says POs are not acceptable. By this time they will have committed an offence.

 

 

Hi beancounter,

 

 

Yes, a postal order is fine.

 

Just sit back and let them default. Then you can write to them and remind them of the default. Also report them to the OFT and TS. Also report them to the Financial Ombudsman.

 

Jeff.

[MCPR82]

I've been looking for ages - is there a template CCA letter anywhere - sorry to be a pain.

 

Thanks All !!:-?

[KJD]

This is the one I used...

"Dear Sir / Madam,

 

Account number: XXXXXXXXXXXXXXX

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 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.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from {insert Credit Card company} and {insert DCA name}

 

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.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

 

 

XXXXXXXXXXX"

(The bit about telephone calls was added by me. )

KJD

[MCPR82]

:) Great stuff - Many thanks.

 

Few small points (sorry to be a pain ):

 

I do have debts with various organisations - however it's the amount of the debt that is in question (in my case).

 

So would I be better to entitle my letter(s) ' I do not acknowledge the amount of debt to your company' ???

 

I think I would also need to amend (suggestion below in red) the 7th para (in summary) to read along the lines of:

In summary, I DO NOT ACKNOWLEDGE THE AMOUNT OF THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER

One last thought re the 5th paragraph. The refererence "Also, since you are a Debt Collection Agency" - is that always the case? I'm thinking of my loan with NatWest & Barclays for instance and of course my Barclaycard. They are not DCA's in their own right are they ? I might of course be missing the point here - if so Sorry!!

Hope that makes sense anyway ?

Grateful for further Wise Words !!

Cheers

MCPR

[KJD]

Good questions.

 

My take on your questions are firstly that by requesting your CCA you are checking that whoever it is chasing you is entitled to do just that. Hence the wording. I presume you can request it from either the original creditor or a DCA, so yes you could amend the DCA bit (but see below). As far as the parts about 'amounts' (and without knowing what you are ultimately hoping to achieve) I have gathered from this site, it is better not to acknowledge the debt at all. That way, if they can't produce the CCA, you have the right to withold payments.

 

Now, if your aim is to establish the amount owing, and maybe see if there are any charges you can reclaim, I think you would be better to send an SAR instead (Subject Access request). This costs £10.00 and will show you everything in your 'file' with the creditor, including all charges on your account. I believe you should only send this to the original creditor.

 

For example, I have sent a CCA request to the DCA dealing with my credit card debt. When (and if) they provide it, I will then SAR the creditor to see how many dodgy charges & fees they have added on, and then claim those back, before coming to a repayment agreement with them.

 

Well, that's the plan! No one has replied yet!

 

I think the above is right, but perhaps some of the more experienced CAGgers could comment?

 

[MCPR82]

Ahhhhhhhhhhh - I see. Think I may have misunderstood (some) of the point of the CCA request. At the mo - I don't dispute who are 'chasing' me - more so the amounts. I have in fact sent SARs to Nat West, Barclays and Barclaycard a week or so ago.

 

So I think, as you kindly point out, that I should hold fire on the CCA request (though I'm tempted to send it to Mercers - who are part of Barclaycard - though they wont admit that that - see my other postings about them - when your bored).

 

However as I now understand the 'correct' use for this - I shall save it for when needed - Thanks again though - Brilliant stuff.

 

Good Luck in your 'battle'