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

[weller711]

Hi all

Have received another letter from a DCA after a CCA request and its really puzzling me.

 

Thank you for your unsigned letter dated 23 May 2007 and firstly insofar as yor opening sentance, we ask that you refer to our correspondance once more as we have never said you are indebted to this office.

 

In reply to your request marked1, we attach a copy of your signed agreement dated 20 September 2004. Given the age of the account and the fact this document has been saved to microfiche, we are also obtaining from our lient a blank sample of the agreement so that all content is legible to you.

 

In regards 2.a deed of assignment does not exist as the debt as the debt has not been assigned to us.

 

Kindly note, that at all time we are acting on behalf of our client as their collection agents in the recovery of the sum they say is due to them from you.

 

To avoid the matter being passed to our solictitors for recovery through the Small Claims Court, we look forward to receicing your proposals for payment by return.

 

 

They have enclosed a copy of something I signed - I'm not sure if its a true CCA as the writing is very unclear and also why would they take me to the small claims court, I thought if you didn't pay your debts you got taken to court for a CCJ?? Or am I missing something. The DCA is Roxburghe UK if that helps at all. Any help at all much appreciated, thank you

[weller711]

And another one:-

 

Thank you for your letter dates

 

I attach a copy of the standard agreement whiich you would have signed in accordance withe advice given you at the time you established your home shopping account with XXXXX> You appear to have acted in a way that indicates that an agreement was signed, receiving goods, returning goods, within the approval period and making payments. Copy statements showing all transactions are enlosed. These ensolures satsify the requirements of section 77-78 of the Counsumer Credit Act in regard to supplying a copy of the agreement and accounts statements.

 

I must however correct your statement that we an under an obligation to provide a facsimiile copy of a signed agreement. The regulation only requires us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer to Regulation 3 - Consumer Credit (cancellation notices and copies of documents) Regulations 1983 SI,.NO> 1557.

 

I look forward to receiving an offer of payment on the balance outstanding.

[weller711]

This is the link to my orginal thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/88561-can-anybody-help-re.html

[PriorityOne]

And another one:-

 

Thank you for your letter dates

 

I attach a copy of the standard agreement whiich you would have signed in accordance withe advice given you at the time you established your home shopping account with XXXXX> You appear to have acted in a way that indicates that an agreement was signed, receiving goods, returning goods, within the approval period and making payments. Copy statements showing all transactions are enlosed. These ensolures satsify the requirements of section 77-78 of the Counsumer Credit Act in regard to supplying a copy of the agreement and accounts statements.

 

Unenforceable... there are loads of documents that we could have signed, may have signed or would have signed. Without a properly executed Agreement with your signature on it (and theirs) however, there is nothing to enforce in court. What is it that they have sent you in your 1st post ?

 

I must however correct your statement that we an under an obligation to provide a facsimiile copy of a signed agreement. The regulation only requires us to provide a copy of the agreement and it is not necessary to provide a signature box. I refer to Regulation 3 - Consumer Credit (cancellation notices and copies of documents) Regulations 1983 SI,.NO> 1557.

 

They are right in the sense that they have complied under the Act mentioned.... some creditors do try and bluff their way around the issue by quoting this. However, a properly executed, signed Agreement is needed before it can be re-enforced in court. Catalogue companies rarely get you to sign anything (unless it is for large purchases)....

 

I look forward to receiving an offer of payment on the balance outstanding.

 

No Agreement = no enforceable debt.

 

 

[setmefree]

Someone with more experience than my self will soon read this thread and reply to you, your first letter sounds a bit fishy but the company you mention funnily enough are at the same address as HFO CAPITAL LIMITED, just look for threads in that company name.

Rory i'm sure will be able to guide you through your next moves.

don't panic there are a lot of educated people on here who will soon find faults in those letters for you.

PriorityOne being the first lol

[weller711]

Thanks Priotity One

 

This is what they have sent me regarding my first post

 

They have enclosed a copy of something I signed - I'm not sure if its a true CCA as the writing is very unclear and also why would they take me to the small claims court, I thought if you didn't pay your debts you got taken to court for a CCJ?? Or am I missing something. The DCA is Roxburghe UK if that helps at all. Any help at all much appreciated, thank you. It does say that is a Credit Agreement Regulated By The Consumer Credit Act 174 - theres a heading: How your directory works and I can't read the following paragraphs then they is a heading Important You Should Read This Carefully. I have entered my signature and they have a pre=printed signature. Its for Next Directory by the way, if that helps.

[setmefree]

Hi all

Have received another letter from a DCA after a CCA request and its really puzzling me.

 

Thank you for your unsigned letter dated 23 May 2007 and firstly insofar as yor opening sentance, we ask that you refer to our correspondance once more as we have never said you are indebted to this office.(so dont ask me for money to be payed to you then)

 

In reply to your request marked1, we attach a copy of your signed agreement dated 20 September 2004. Given the age of the account and the fact this document has been saved to microfiche, we are also obtaining from our lient a blank sample of the agreement so that all content is legible to you.

 

In regards 2.a deed of assignment does not exist as the debt as the debt has not been assigned to us.(obviously i haven't recieved a letter from the original creditor to say that you have..so leave me alone)

 

Kindly note, that at all time we are acting on behalf of our client(well when you client tells me this i will contact you) as their collection agents in the recovery of the sum they say is due to them from you.

 

To avoid the matter being passed to our solictitors for recovery through the Small Claims Court, we look forward to receicing your proposals for payment by return.

 

 

They have enclosed a copy of something I signed - I'm not sure if its a true CCA as the writing is very unclear and also why would they take me to the small claims court, I thought if you didn't pay your debts you got taken to court for a CCJ?? Or am I missing something. The DCA is Roxburghe UK if that helps at all. Any help at all much appreciated, thank you

 

[PriorityOne]

Thanks Priotity One

 

This is what they have sent me regarding my first post

 

They have enclosed a copy of something I signed - I'm not sure if its a true CCA as the writing is very unclear and also why would they take me to the small claims court, I thought if you didn't pay your debts you got taken to court for a CCJ?? Or am I missing something.

 

First of all, anything that they send you has to be readable. They may have mentioned Small Claims Court in order to scare you.... although in reality, court is court... so to speak. They can try and take you to court for a CCJ, but if that happens... and you defend on the basis of there being no properly executed CCA.... then they won't be able to enforce it because a Judge will want to see it. Once they realise that you know this.... they will probably back off.

 

The DCA is Roxburghe UK if that helps at all. Any help at all much appreciated, thank you. It does say that is a Credit Agreement Regulated By The Consumer Credit Act 174 - theres a heading: How your directory works and I can't read the following paragraphs then they is a heading Important You Should Read This Carefully. I have entered my signature and they have a pre=printed signature. Its for Next Directory by the way, if that helps.

 

It sounds like an Application... does it show an amount of credit that you are signing for ? any APR, etc ?

 

 

[weller711]

No, its hard to read but it doesn't show any amount of credit and there doesn't look to be any figures in the bits I can't read, ie APR. Waht do I do regarding both the letters now?

[PriorityOne]

I do appreciate that my way of dealing with things is not the same as everyone's.... but I do like to cover my bases and remove any room for doubt. Here is a suggested letter...

 

Dear xxxx

 

Ref xxxx

 

Thank you for your letter of xx/xx/2007. Unfortunately, the document that you enclosed with your letter is not legible. I would therefore be grateful if you could provide me with a document that I can read.

 

If this document proves to be an Application and not an Agreement however, it will be unenforceable in the Small Claims Court that you mention.

 

Yours sincerely,

 

[weller711]

Thanks POne

Thats great - just one more question, sorry what should I do about the 2nd letter - just wait till the 12+2+30 days are up and send them the non-compliance letter? Or should I do something else? Apologies for bothering you on a Saturday morning.

[PriorityOne]

I wouldn't worry about the 2nd letter at this stage.... when they receive the next one from you, they will then know that you are more familiar with your rights than they realise.

 

[weller711]

Sorry, do you mean when I send the non-compliance letter to the second one I listed (the one that says they have sent a copy of an agreement that I would have signed. Sorry again, I just want to make sure I get it right.

[PriorityOne]

If both letters have come from the same DCA.... then all you need to see is a readable copy of what they have on you. Don't remind them of any non-compliance.... it's not up to you to do that. They either have an enforceable document or they don't.

 

If they send you a readable Application Form... you can then send out a response letter from there. I have had a similar load of garbage from one of mine.... and I didn't even bother replying to it. I haven't heard from them in months because they know it's unenforceable and more importantly, they know that I know it's unenforceable.

 

[weller711]

Right so I send the letter you suggested to the DCA that has sent an unreadable copy of an alleged (see I am getting the hang of this ) CCA.

 

The second one, which isn't the same DCA, I just ignore - even when the 12+2+30 days are up. Until they provide with a true CCA - which they don't have.

 

Thank you so much for all your help

[PriorityOne]

Right so I send the letter you suggested to the DCA that has sent an unreadable copy of an alleged (see I am getting the hang of this ) CCA.

 

Yes.... I knew we would get there.... . Don't worry, it's a lot to take on board and we have all been there. Make sure it goes by rec. delivery.

 

The second one, which isn't the same DCA, I just ignore - even when the 12+2+30 days are up. Until they provide with a true CCA - which they don't have.

 

You can ignore it for now. Once the timeframe is up for their compliance... they will be committing a criminal offence if they continue to pursue you for payment.... so it adds a bit of beef to your letter if you can hang on. Of course, they may not hassle you for payment at all after this time. Mine didn't, which is why I ignored it.

 

Thank you so much for all your help

 

A pleasure....

 

 

[weller711]

You're a star

Just to check though, sorry , is non-compliance 12+2 days or 12+2+30?

[PriorityOne]

They are in default after 12 + 2 days, which means that you are within your rights to withhold all further payments if they have not complied with your CCA request by then.

 

If an additional calendar month goes by without an Agreement, they will be committing a criminal offence by pursuing you for payments on an unsubstiated debt.... so if they do pursue you, hang on to everything and copy it off to Trading Standards and the OFT.

 

Don't worry about this for now though....

[weller711]

Hi again

Received another reply after a request for a CCA - it just states that they have the CCA and can I confirm my address details for a certain period of time. Asks me to reply as a matter of urgency. Now the debt is mine but unsure whether it was just an application form so am at a bit of a loss what to do next. They haven't sent the CCA, don't understand this as its what I requested.

Again any advice much appreciated. The DCA is Actik Kapital (sp?) if that helps.

Should I just wait for them to get in touch again?

Thank you

[weller711]

Bump, can anybody help??????

[PKea]

Morning Weller

 

My Theory on this is

 

They had enough details to chase you for the debt, so they should have enough details to supply your documentation.

I would let the time laspse and stop paying till they send you the documents. They have the time limit to observe, NOT you, so dont rush to them, let them do the running

 

Best wait for P1 or someone with more experience to comment as they have a better grip on this than me

 

Paul

[Zimmie]

If they have the CCA they should send it! I wouldn't confirm address details for a certain time...if they have the CCA they should know it. Maybe they want to know whether you have changed address so they can 'change' the CCA to suit. I wouldn't put anything past these DCAs. While they are messing around its eating into their timescale, so leave them to it.

[weller711]

Thanks guys

These DCA's really like to play games, don't they?

[PKea]

Thanks guys

These DCA's really like to play games, don't they?

 

Oh yes they love games, until they realise you know the rules as well.

Then take take their ball and go home...LOL

 

Paul

[weller711]

Post has just been and I've had a letter from Roxburge - (first letter posted on OP) they've sent me a load of copy statements but as I sent them a letter yesterday saying i wanted a "Clear" copy of my CCA (meaning one that I could read - as per PO's advice) I think I'll just hang fire and see what their response is to the latest letter I sent.

 

Is this the right thing to do? - the "alleged" CCA wasn't clear at all, in fact it was unreadable and we weren't sure if it was an application form or a true CCA.