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No response top CCA letter


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I hope I'm posting this in the correct place, still new to this. I sent a CCA letter to AA Finance for a loan I have following a number of issues. I duly waited the 12 days, and then waited a further 40 days and I have received nothing from them.

 

I have read numerous threads which say that the debt is unenforceable if they don't produce the copy of the agreement but can anyone help me as to what I quote in a follow up letter to them and do I stop paying them anything - at the moment I am paying reduced payments.

 

I know I should also report this to Trading Standards and I have got a copy of a form to fill out to do this.

 

Please any help would be apreciated.

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You are quite right that the debt is now unenforceable and there is no need for you to continue payment-even reduced ones.

 

Bear in mind that should they produce the agreement at a later date they may

be able to reinstate the debt. In the meantime, if they have registered a

default against you,they should remove it.

 

You can also report them to Trading Standards for a breach of the CCA. But

it is often better to trade with them for the removal of defaults etc [or an

undertaking not to pursue at a later date even if they do find the agreement] rather than reporting them, since while they may attract a criminal record and a fine

of up to £2500, it is of no help to you in getting what you want.

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Thanks, that does help in deciding what to do. Next step then I'll send a letter advising of the offence committed and attempt to trade.

 

Hopefully, I'll get a response to this letter.

Your help is appreciated.

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If you don't get any joy with initially negotiating with them on not supplying you with the CCA, you may also wish to point out to AA Finance that you now do not believe they have kept a copy of this agreement and are currently considering reporting them to HM Treasury for a breach of The Money Laundering Regulations 2003. This is a more serious offence than not providing you with a copy of the credit agreement when requested.

 

But wait and see how they respond to your initial approach before using it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 month later...

Wow this is frustrating. I am on reduced payments through the CCCS to help gain control of my debt. I have received no reply at all to my CCA request and sent a follow up letter which I have had no response to either.

 

Soon after sending the CCA request I got a letter from a debt collection agency saying the debt had been transferred to them. The CCCS wouldn't transfer the debt to them and my monthly reduced payments have continued to go to AA Finance. When I received a telephone call from the debt collection agency I explained the account was in dispute and heard nothing for a couple of months. In the meantime AA failed to provide the required paperwork and I rang the CCCS and asked them to stop payments to AA - they refused! Even after insisting I wanted no further payment to be made they said that as I was making payments that was in itself an acknwledgement of the debt and I would never win in court. I did explain that as long as payments were being made AA would never provide what was requested, they advised me instead to complain to the ombudsman and OFT etc and I may receive compensation, they felt this was my best option.

 

I have today received another phone call from the debt collection agency who have said that since i have paid no payments to them the next step will be a knock at my doo, I explained that token payments had been made direct to AA Finance but they said that since no payment was made to them the threat still stood.

 

Please can someone help me as to how I should deal with this - there are so many people involved I'm not sure how to approach this.

 

Many Thanks For Any Help

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