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S.A.R. Experto Credite and no reply


A6er
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Hi Guys

 

After sending CCA request to Experto Credite (in relation to HSBC bank loan) on 16 August 2007, I have still not received any reply.

 

I was under the impression that if they didn`t reply within 12 days they would be in default.

 

But,what is my next move?

Do I contact them again and chase them up, or do I just wait to see what happens next?

 

Thanks in advance

:)

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Thanks Curlyben

 

But whats the point of CCAing them and for them to default if i just have to sit & wait to see what happens next.

 

I thought CCAing them was the first step before taking other action?

Now that i have sent off the CCA and they have not responded in the required time,does me not taking the next step afford them more time in which to take further action?

 

Appreciate any and all help with this.

Thanks

:)

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hello A6er, after 12 days the default means the debt is now unenforcable until they have provided agreement. the action you need to take is once the further calendar month has passed, and therefore they have committed an offence. you then are free to report them through the relevant channels.

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After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

Be VERY careful whose advice you listen too

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:D

Thanks Curlyben & Lolly,

 

So the debt cannot be enforced until they supply the CCA and assuming they cant get the CCA from HSBC, then i am in the clear concerning Experto Credite and should ignore their letters.

 

Also,if they cannot supply the CCA within the next 28 days(giving a total of 40 days since first request), they have now committed an offence and I could report them?

 

So do you think that they will send it back to HSBC?

 

Thanks:)

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Before you even think about reporting them at the 12+month stage you MUST wait for them to demand payment. As Trading Standards takes a very dim view of people making reports at the close of the deadlines.

Be VERY careful whose advice you listen too

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There's nothing to stop you S.A.R.ing the original creditor, however, while waiting for the credit agreement to turn up:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Tomterm8

 

I would like to reiterate that although I posted this as a S.A.R - (Subject Access Request) request it was in fact a CCA request that was not replied to within 12 days.

 

I did ammend the post earlier in the thread so I apologise if you have been misled.

 

As for CCA ing the original creditor,I am loathe to do this as I assume that HSBC would have this and I would really appreciate the "breathing space" that not getting this reply gives.

 

Am i wrong to think like this as i am only delaying the inevitable?

 

As always, I appreciate everyones help:)

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No curleyben i am not confused about those terms:rolleyes: just keep making the same error:o .

 

I meant to say i was loathe to CCA HSBC as I am sure they would be able to supply a copy.

Again I dont know if this would be beneficial or not,as i relish the stress free period,however small,that not being possession of the original credit agreement gives.

What would you do?

Or anyone else for that matter.

Cheers:)

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i would just wait until they reply. you've done your bit, let them do theirs. they will contact you eventually, and you are in the stronger position at the moment, they are in default so cannot chase you until they provide what has been asked of them.

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No curleyben i am not confused about those terms:rolleyes: just keep making the same error:o .

 

I meant to say i was loathe to CCA Request HSBC as I am sure they would be able to supply a copy.

Again I dont know if this would be beneficial or not,as i relish the stress free period,however small,that not being possession of the original credit agreement gives.

What would you do?

Or anyone else for that matter.

Cheers:)

 

I didn't say you should CCA HSBC, I said you should S.A.R - (Subject Access Request) HSBC, because the DCA is clearly not going to be able to produce a CCA, and the SAR will tell you all the charges that HSBC applied. Make sure you only use the SAR that requests a list of transactions, not the SAR that asks for all data held, cause you don't want a Credit Agreement even though you asked for it.

 

Is that A-OK? LOL.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thats all understood.

 

Thanks for all your help guys and to avoid any more confusing posts where the messages get mixed up, I will proof read my posts more carefully next time.;):)

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