Letters after CCA request - what do the mean? Please help

[rory32]

As it's illegable, you are quite right to tell them you want a clear copy. They may not have realised that what they sent you was illegable - because they probably didn't look at it.

[weller711]

Thank you

[PriorityOne]

So they have your CCA, but need to check you address ? Why didn't they check your address before sending out the copy statements to you... or before they sent the "alleged" CCA that you received in the first instance ?

 

As advised, don't confirm anything.... they should have been sure of your address before hassling you for payment, before sending out copy statements or anything else. Stupid people. Make sure that you keep hold of absolutely everything that they send you....

[weller711]

No, sorry PO, the DCA that wanted my address was a different one - which was why I wondered how to respond. This one is Activ Kapital or something. I CCA'd them and the this was the letter I got - please confirm your addresses since 10/2001. they state they have a copy of the CCA and I cant understand why they need my addresses. I am pretty sure that this one what I signed was an application form.

 

Roxburge have sent me copy statements but I only sent the letter you suggested yesterday asking for a copy of the CCA that was readable so I suppose I'll have to wait for them to respond to that?

 

Sorry, if I've confused you - I confuse myself sometimes

[weller711]

I think I'm getting to the stage where I just want to give up - there are so many DCA's on my back it might be better just to offre them a token payment. I seem to be confusing everyone and I feel like I am just bothering everyone.

 

On a slighly brighter note I got a reply from Intrum Justica saying they had passed the account back to the creditor at their request. But the creditor doesn't have a CCA either - another cataloge company. I just can't for the life of me understand why these companies give you credit without getting you to sign a true CCA. Are they not aware of the law?

[weller711]

Well. its now been 12+2+30 days (or will be tomorrow) since I sent some CCA requests, some of them haven't replied at all, some of them are saying they are passing the account back to the creditor and some say they are awaiting an alleged CCA from the original credior, so my question is what do I do now, if anything. Any advice much appreciated.

[clutchingatstraws]

Wait for them to demand money if they are in default

 

No CCA No Pay

 

They are in default by not producing the CCA.

 

They should not be sending letters to you demanding payment while in default.

 

Send them a letter requesting their internal complaints procedure. Then make a complaint about their actions.

 

When this procedure is exhausted you can report them to the FOS which costs them money.

 

 

Report them to trading standards. For Non-compliance

[stadium_arcadium]

I think I'm getting to the stage where I just want to give up - there are so many DCA's on my back it might be better just to offre them a token payment. I seem to be confusing everyone and I feel like I am just bothering everyone.

Hi Weller, Please please don't feel like you are 'bothering' anyone, we are all here to help each other and it's no bother at all. Rory and PO are especially helpful and they would say the same:)

 

If you've not heard back from some of your requests then just sit tight. No need to remind them of their legal obligations More often than not if a DCA has no CCA they will send it back to the original creditor, who in turn will most likely hand it over to another DCA eventually:rolleyes:

 

Stay positive, you have lots of support here.

[shywazz]

Hello chin up matey and hold tight, seems your doing every thing okay, the dca arent going to go away sadly, well not in my experiance there not, some else might say differant, i've been trying to get one dca off my back for 2 years and there still sending me weekly letters after the sar and non complince letters, etc etc sadly i've not read anywhere where a thread user has got a dca off there backs and got threats of court etc stopped, if some1 might know of some1 winning, id gladly like to read the thread..... see my link help needed with bank stuff or shywazz to see how i'm still in battle years after starting.

 

All in all matey just keep smiling and chin up, keep the paper trail and hopefully one day there might just give up.

[Curlyben]

sadly i've not read anywhere where a thread user has got a dca off there backs and got threats of court etc stopped, if some1 might know of some1 winning, id gladly like to read the thread.

 

*Puts Hand In The Air*

Errrrm I have done exactly that.

So far I have had 3 DCA's send me letters saying they are leaving me alone completely.

The other 3 have simply stopped writing to me probably because they have passed it on somewhere else.

The latest is RED on my Cap1 Thread: http://www.consumeractiongroup.co.uk/forum/capital-one/83965-cb-capone-ci-advice.html post #30.

 

They can be extremely difficult to deal with, but once they have failed with compliance of your CCA and have commited a criminal offence, then it's time to get Trading Standards involved.

Make sure you keep detailed logs of calls, latters, etc.

The more info TS has to work with the beter.

 

I have found TS to be a pleasure to deal with, very helpful and non-judgemental.

[weller711]

Thanks for all your support people. Its very much appreciated.

 

So can I report them to TS even though they've said they are waiting for the CCA from the original creditors? Also does this still apply if they have passed the account back to the original creditor.

 

I'm not getting any letters etc - seems to have gone very quiet but I suppose it won't last for long. Also, we have a few accounts with one DCA, I have requested the CCA for 3 of the accounts which they have responded to but the other accounts we have with them I have heard nothing, not a threatening letter or anything even though I haven't requested CCA's for these account.

[Curlyben]

Wait untill the CCA is criminal and they start harressing you for payment again.

Untill the 12(+2)+ one month is up they can supply your CCA and you will have to start payments.

 

If you want to "poke the bear" then send them a non-compliance of CCA letter at 12+month and see what happens.

They'll either deny knowledge, issue threats, or run away.

 

If they have passed the account back, and you have a letter saying this, then you shouldn't have any further deals with them.

If you do then TS them.

[weller711]

The ones I am talking about today will have passed the 12+2+30 days tomorrow, unsure of what to do really as like I said, I haven't heard anything from some of them (so thats ok) some have them have said they have requested the CCA from the original creditor (does the timescale still apply when they are waiting for it?) Bit scared of getting TS involved at the moment as I am scared of what they will say - they'll think Im a right one and shouldn't have got into debt etc etc. Anyway, thanks for your help

[rory32]

(does the timescale still apply when they are waiting for it?)

Yes.

 

Don't be scared about getting TS involved. They are not terribly interested in your financial position - they are far more interested in compliance with the law.

[weller711]

I've just received a letter from another DCA acting on behalf of Studio. I have CCA'd Studio and they more or less said you have to pay it, Home Shopping doesn't fall into the CCA guidelines ect.

 

This DCA is iQor Recovery Services and is a letter entitled "Notice Of Legal Proceedings"

 

This is a notice if intended court action, valid even if not read by you. Take notice that documents are being prepared for the issue of proceddings for recovery of debt details of which are given below

 

You are required to pay the full amount by 21 June (today!!!!!!!)

 

Any ideas anyone??

[Josie8]

Bump, can anybody help??????

Do not confirm any details they do not already have...............

 

Have they sent you a true copy of the executed agreement (not application) yet?

[Josie8]

I've just received a letter from another DCA acting on behalf of Studio. I have CCA'd Studio and they more or less said you have to pay it, Home Shopping doesn't fall into the CCA guidelines ect.

 

This DCA is iQor Recovery Services and is a letter entitled "Notice Of Legal Proceedings"

 

This is a notice if intended court action, valid even if not read by you. Take notice that documents are being prepared for the issue of proceddings for recovery of debt details of which are given below

 

You are required to pay the full amount by 21 June (today!!!!!!!)

 

Any ideas anyone??

 

 

Absolute tosh it does. If they are in default of the CCA request then you do not have to pay anything. If they have not got a true copy of the executed agreement containing all prescribed terms signed by you then it cannot be enforced.......plus they will have to remove all default notices from your file

[Josie8]

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

FAILURE TO PRODUCE AGREEMENT

 

Dear Sir/Madam

 

ACCOUNT NUMBER: *******************

 

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

 

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

 

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)

 

 

Data Protection Act (Data Protection Act 199

 

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

 

Yours faithfully,

[weller711]

Thanks Josie

I CCA'd Studio over 12=2+30 days ago - they replied that they do not have to have a CCA for Home Shopping??? After this letter from them

I've heard nothing since and now got this letter from a DCA - do i send the letter you posted to the DCA or Studio. Or do I send a CCA request to the DCA.

 

Thank you very much

[Josie8]

Send letter to Studio and a copy to DCA and tell them that this debt is in dispute and studio are in breach of the CCA request

[weller711]

Have had another letter from Roxburge - included a copy of the alleged CCA - still unreadable but they say it is and I can go in to a Next store to get one if I want to obtain a sample/blank agreement for clarity??????????????

 

It also states payment proposals are required within the next fouteen days or they will continue with their collection procedures.

 

The copy, from the bits I can read are as follows:-

 

Credit Agreement Regulated By The Conusmer Credit ACt 1974

welcome to the next Directory. Please complete and sign both copies and return the part marked 'our copy' in the envelope provided.

 

Then I have filled in my name and address and account no.

 

Then there is a section" how your directory account works", I can't read this bit.

 

Then "Important you should read this carefully, you rights"

 

Then I can't read the rest apart from my signature and that of someone signed on behalf of NEXT which I think is pre-printed if that makes sense.

 

Can anybody help please. Thank you

[Josie8]

Have had another letter from Roxburge - included a copy of the alleged CCA - still unreadable but they say it is and I can go in to a Next store to get one if I want to obtain a sample/blank agreement for clarity??????????????

 

It also states payment proposals are required within the next fouteen days or they will continue with their collection procedures.

 

The copy, from the bits I can read are as follows:-

 

Credit Agreement Regulated By The Conusmer Credit ACt 1974

welcome to the next Directory. Please complete and sign both copies and return the part marked 'our copy' in the envelope provided.

 

Then I have filled in my name and address and account no.

 

Then there is a section" how your directory account works", I can't read this bit.

 

Then "Important you should read this carefully, you rights"

 

Then I can't read the rest apart from my signature and that of someone signed on behalf of NEXT which I think is pre-printed if that makes sense.

 

Can anybody help please. Thank you

 

If its not totally legible then they haven't complied. Also did they send you a statement of account and any documents mentioned within the alleged agreement i.e. seperate terms and conditions. It is not for you to go into the store....they have to provide you with a true copy of the executed agreement.

[Josie8]

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

FAILURE TO PRODUCE AGREEMENT

 

 

Dear *************

 

ACCOUNT NUMBER *********************

 

Further to my request for a true copy of the executed consumer credit agreement under Section 77-79 of the Consumer Credit Act 1974. I have received a copy of an agreement from you from which on the signature page there is information that is either missing or illegible.

I refer you to the wording of Section 78 Duty to give information to debtor under running-account credit agreement

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account,

(b) the amount, if any currently payable under the agreement by the debtor to the

creditor, and

© the amounts and due dates of any payments which, if the debtor does not

draw further on the account, will later become payable under the agreement

by the debtor to the creditor.

Your company is still therefore in default of the requirements of Section 78.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

 

I look forward to receiving a true copy of the executed agreement.

Yours Sincerely,

[weller711]

Wow Josie - you're great -thank you.

They have sent staements previously sent copy statements and I certainly have no intention og going into a store.

 

Thank you very much

[Josie8]

Keep us informed with your ongoing campaign

 

Good luck:)