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CCAs and who is actually responsible to supply...


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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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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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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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