CCA Offence - Now what??

[harleypupuk]

I have spent hours trying to find answers...

 

I have sent a CCA request to a DCA, and they have not produced a credit agreement. Now they will commit an offence in 2 days time. What happens next presuming I get no response? Do I need to write to them? Report them to Trading Standards? Please could someone advise me...

[harleypupuk]

I spoke to the DCA on the telephone today (I know this was not a wise move). But they are saying that because I have made payments on the account, I have admitted that I owe them money and the balance remains due still. The DCA told me that I sent a CCA request in to "try and get out of paying it". Where do I stand on this?

[rory32]

If they can't produce the copy of the agreement then they can't pursue the debt - I assume this is what they mean by "trying to get out of paying it". They will also be aware that just because you have made payments in the past this does not mean that you currently acknowledge the debt.

In future I would not phone them (you seem to have realised what a fruitless exercise it is) and just wait for them to default.

[harleypupuk]

Ok the 12 working days and 32 days have passed and no agreement. I have received a default notice today from the DCA.

 

What do I do now? I have a default notice regarding this on my credit file. Can I report them to OFT? Is so would it be my local one, or theirs? Is there anything else I can do?

 

Any advice is much appreciated.

[powelll]

As it's over 30 days they have committed a criminal offence and may be prosecuted. Your local Trading Standards are probably the best bet to take this further for you at this stage ( I have to say some local TS are more proactive & helpful than others... )

 

If the default was issued AFTER your CCA request which they are in breach of then yes it should be removed from your credit reference file. Did the original creditor ever default the account?

 

If they didn't and you had fallen into arrears some time ago then you would have cause for complaint as defaults are supposed to be recorded in a 'timely' manner.

 

If they did then the DCA cannot default you again for the same debt.

 

Best of luck

[harleypupuk]

Thanks for the advice.

 

The original creditor did default me, but I received a further default notice today.

[harleypupuk]

One more thing...

 

I keep getting telephone calls, pressuring me to find out what I want a copy of the agreement.

 

They also say that because I have made payments I have legally acknowledged the debt.

[powelll]

You can only be defaulted once for a CCA agreement so the DCA has apparently done this in complete ignorance of the regs ( now there's a shock ). The ORIGINAL default ( which should be the only one ) will drop off your cred ref file after 6 years regardless of whether you have paid or not.

 

The issue of you making payments would only be an issue if you were trying to argue that they were statute barred from chasing you as they were out of time ( Statute of limitations ).

 

This has NOTHING to do with the CCA request they are even more ignorant than I thought ( which isn't hard, in fairness ).

 

I do hope you get a good result on this one - when you write to them ask that they remove the default ( credit ref agency will only act on the information provided ), if no joy with this side of things ( as this 2nd default should be removed whatever the outcome re your CCA request ) consider compalining via the Information Commissioner

[harleypupuk]

I am amazed at the wealth of knowledge

[powelll]

I am amazed at the wealth of knowledge

 

You!! ( she says, blushing )