Consumer Credit Agreement

[sequenci]

^^ looks like good advice to me

[bracknellboy]

thanks looking, great advice.

[bracknellboy]

Hi again,

 

All of the DCA's that I have contacted have now defaulted on returning what was requested. I have had a letter from one today, who says that as they did not lend the debt they do not have to provide a CCA, as they purchased the debt, and are completely within their rights to collect the debt, even though it is in dispute.

 

Any suggestions?

 

Thanks

[lookinforinfo]

Send them this extract from section 77 of the Consumer Credit Act 1974,

followed by the definition of what a creditor is, taken from section 189 of the same Act.

Suggest that if they still cannot comprehend their legal obligations under

your CCA request that they take legal advice since they are running the risk of being taken to Court by the OFT for non compliance. And you will be

querying their competence to hold a Consumer Credit Licence in the light

of their inability to understand a basic requirement of the Consumer Credit Act. Thus you will expect them to send you a copy of the original agreement

forthwith.

 

77.—(1) The creditor under a regulated agreement for fixed sum credit, within the

prescribed period after receiving a request in writing to that effect from the debtor and

payment of a fee of 15 new pence, shall give the debtor a copy of the executed agreement

 

189-

"Creditor" means the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

[sequenci]

Hi again,

 

All of the DCA's that I have contacted have now defaulted on returning what was requested. I have had a letter from one today, who says that as they did not lend the debt they do not have to provide a CCA, as they purchased the debt, and are completely within their rights to collect the debt, even though it is in dispute.

 

Any suggestions?

 

Thanks

 

it's not Cabot per chance?

[bracknellboy]

No Aktiv Kapitol,

 

Who have now come up with some agreement, which I need to check