Spectrum

[oneofakind]

Certainly worth getting a statement. You should be able to get one on request, WITHOUT CHARGE. It's always good to know exactly what you're being asked to pay for...

 

[Save A Tree]

Hi Guys,

 

I've trawled the site and cannot find the CCA request which starts 'i do not acknowledge any debt...' and also about getting proof that there is monies outstanding, be it in the form of a SoA.

 

Also, surely if i took the CCA out with Black Horse, should i not have had something to tell me that UKDR have now got a legal right to chase me because as far as i'm concerned i had an agreement with BH not these doughnuts

 

TIA

 

Edited to add - when i rang (yes i know - i wont ring again!!) i said that surely i should have been told they were now chasing and the little upstart said i would've been written to 'at some point in the past'. Its taken them 4 years to track me down to my current address so surely it must be accepted that i have never received formal notification that i am to now deal with this bunch of chimps...

[oneofakind]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Letter N is the one you want. Make sure you put

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

across the start of the letter.

 

Your CCA request SHOULD result in a statement being supplied as well.

(Although, in my experience, it usually isn't!)

 

You should have been informed by Black Horse that UKDR were taking over the account, but again...

 

Doesn't really matter: if UKDR cannot produce a valid CCA then they get nowt from you. simple as that!

 

[Save A Tree]

Hi OoaK - r u following me (please continue!! Your help is very much appreciated)

 

I sent letter 'N' but did not put that across the top

 

I did receive a copy of my CCA and it does all seem legit to me but its between me and BH not UKDR and still no SoA

 

what shall i do now....?

 

[oneofakind]

Is the CCA you were sent an application form? This will not comply with the requirements.

Strictly speaking, not sending a current statement is also non-compliance.

 

CCA S.77 says they should supply:

 

'... a copy of the executed agreement 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 total sum paid under the agreement by the debtor

 

b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

 

c) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.'

 

 

You should be able to obtain one on request, at no charge.

 

Best step now would be to SAR them. This costs ten quid, but will get you a copy of ALL the data pertaining to you and your account. Then you'll know exactly what you've been charged, and what you can reclaim.

[Save A Tree]

Strictly speaking, not sending a current statement is also non-compliance.

 

CCA S.77 says they should supply:

 

'... a copy of the executed agreement 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 total sum paid under the agreement by the debtor

 

b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

 

c) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.'

 

Brill OoaK some 'official' wording for a letter, exactly what i need. I'm off work tomorrow and Thurs as I'm in for a minor op so i've borrowed mum's laptop so i can sit in bed while i rest and get things like this sorted. I'll put a letter together and get it sent

 

Thanks so much!

[oneofakind]

Full text is here if you want it

 

http://www.fisa.co.uk/downloads/CCA%201974.pdf

 

Great cure for insomnia!

 

Hope all goes well.

 

[Save A Tree]

ooh super - some recuperation reading - FAB!!

 

Thanks OoaK x

[Save A Tree]

[wave]

 

I've finally managed to get on top(-ish) of the pile of work on my desk at work and have eventually managed to put together something to UKDR ref non-complaince.

 

can i have your thoughts/comments please?

 

I have tried to keep it short and to the point as i have a tendency to waffle (if you didn't notice ) and i have also tried to avoid anything which may prompt them to take further action/steps.

 

Is there anything i have missed or should have included please...??

 

Dear Sir/Madam,

 

 

Re:− Case Number **********

 

I write further to my request for a copy of the CCA reference the above case number.

 

While I thank you for the copy I would like to draw your attention to section 77 of the Consumer Credit Act 1974.

 

77.—(1) The creditor under a regulated agreement for fixed sum credit,

within the prescribed period after receiving a request in writing to that

effect from the debtor and payment of a fee, 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 total sum paid under the agreement by the debtor;

 

(b) the total sum which has become payable under the

agreement by the debtor but remains unpaid, and the various

amounts comprised in that total sum, with the date when each

became due: and

 

(b) the total sum which is to became payable under the agreement by the

debtor, and the various amounts comprised in that total sum, with the

date, or mode of determining the date, when each becomes due.

 

As I have yet to receive a breakdown of what you claim is due or any evidence to suggest I have an obligation to repay any debt to UKDR and as such I do not acknowledge any debt to your company.

 

 

 

Lossa Love

 

Mrs Tree

 

 

TIA!

[Save A Tree]

Just a thought...

 

should i wait 12 + 30 days and not send this and then if they try and pursue me clobber them with non-compliance???

 

What if they default/CCJ me in the interim...?

 

Anyone....?

 

TA!

[conar686]

Just a thought...

 

should i wait 12 + 30 days and not send this and then if they try and pursue me clobber them with non-compliance???

 

What if they default/CCJ me in the interim...?

 

Anyone....?

 

TA!

 

Mrs Tree

 

Take the case number off as this identifies you to them if they monitor this site which a lot do.

 

Its always recommended you do nothing, except respond to letters, until the 12+2+31 days has gone by. Save the letter for another day.

[Save A Tree]

Mrs Tree

 

Take the case number off as this identifies you to them if they monitor this site which a lot do.

 

Its always recommended you do nothing, except respond to letters, until the 12+2+31 days has gone by. Save the letter for another day.

 

Done this now - thanks! I thought i'd taken out all the 'personal' bits. How sad is it though that these idiots trawl through here, SHame they can't spend their day doing their jobs properly and ethically

 

Yes I've decided against send anything to them for now but how do i stand if the slap me with a default/CCJ...? :?

[oneofakind]

They can't slap you with a CCJ without going to court, which they'll need the CCA for, to prove the debt!

 

Again the OFT guidelines don't allow for any further action whilst your account is queried or in dispute. BUT that doesn't always stop them trying it on! If any further threatograms arrive, please let us know!