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CCAs and who is actually responsible to supply...


babybear39
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When an alledged debt is being handled by a DCA, is the onus on that DCA to furnish the CCA request.

 

Do the timescales apply to the CCA'd DCA even if they don't own the alledged debt?

 

Any and all opinions gratefully welcomed.

 

Regards,

 

BB

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

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Under s175 of CCA it's who ever demands payment, so basically the DCA.

 

175. Where under this Act a person is deemed to receive a notice or payment as agent

of the creditor or owner under a regulated agreement, he shall be deemed to be under a

contractual duty to the creditor or owner to transmit the notice, or remit the payment,

to him forthwith.

 

So what should happen, if the DCA has "purchased" the debt then they should supply, if they are agent they should send the request to the OC for action.

Time scales are set in stone and it matters not who supplies the paperwork.

Be VERY careful whose advice you listen too

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Thanks CB :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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So once you have CCA'd the DCA and they have failed to respond within the 12+2+30 day timescale and they then write to you saying that they have made a second request from their clint for the CCA, have both the client and the DCA defaulted and comitted an offence???

 

What happens if the CCA is produced after the 12+2+3o day timescale???

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My understanding is that if DCA or OC produces CCA after 12+2 + month they HAVE to go to court to re-enforce...

 

Correct me if I'm wrong please, but I need definitive answers here :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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They have to produce a true copy of a properly executed CCA if they try for a CCJ and of course you'd defend that vigourously ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Basically NO CCA then NO Debt as they can't prove it.

This is a FULL defence in court.

 

If they do produce correctly, no matter if they are late, then in all honesty it's easier to offer payment. Obviously with a hefty discount as they would be in criminal default.

Be VERY careful whose advice you listen too

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Thanks once again CB (my hero) :p

 

C'mon, anymore opinions from you lot, pwetty pwease :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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