Hows this??? VERY quick draft... Dear XXXXXXX I have today had an answer phone left on my mobile to call you back. I did. After having a call dropped, the ‘account adviser’ (for want of a better word) called me back. He said that the account was now in arrears by two months and that payment was now overdue. I explained that the account was in dispute following XXX’ failure to supply me with the requested information and that you (XXX) had defaulted. In this situation where the account is in dispute no interest is to be added to the account and no payments are to be requested. I attach the relevant extract from the CCA 1974. I draw your attention to subsection (1) and (6) which apply in this instance. The offences mentioned in the CCA are a £2500 fine and /or a six month prison sentence. To my knowledge on the basis of the CCA request alone you have now committed three separate offences. Each request for payment is an offence – one whilst the account was in dispute after you failed to provide me with the requested information after 12 days + 2 days notice and the following when you had requested payment after the 12 + 2 days + one calendar month. I am including the adding of interest to the account within these offices. Your call today is the latest further offence. The account advisor was poorly informed on the details of my account. He was condescending and very rude. He intimidated me, questioned my knowledge and TOLD me that a Debt Collection Agency would be passed the account details as there was no payment received today. This is a FURTHER offence. I make that four now! As I said to the advisor - You CANNOT pass the debt or account details to a Debt Collection Agency whilst the account is in dispute. Further to that – you are required to pass a copy of the original signed agreement when you pass a debt to a collection agency. How can you do this when you cannot provide ME with a copy? At the end of the conversation I asked for the advisers name but he hung up and terminated the call without response. I have given XXX more than enough time to comply with the CCA request, the timescales of which fully expired on 23rd February 2007. Since then I have gained the knowledge that you have been committing further offences on the account. Section 85 of the CCA 1974. Again, I attach the relevant sections. It would appear that the account has been unenforceable since you sent me my first replacement card. As within this section it clearly states that you would send me a copy of my agreement (in full) each and every time that a new card is issued. I am now in no doubt that XXX have little respect for the law and the CCA 1974 along with its content. I have no choice but to inform the FSA and OFT of the way that I have been treated and the way in which XXX are running their (very profitable) business. Yours... blah blah

Guys - Ive got issues with CCA requests and no reponse. Now on eof them is threatening a DCA. Can you take a look please http://www.consumeractiongroup.co.uk/forum/general/73472-cca-requests-have-failed.html#post636011

The time (43 days) on two CCA requests expired late February. However, I have recieved statements from both companies saying payment now due and interest added - even though they arent entitled to request monies or charge me interest! Just had one on the phone asking for payment. I explianed that no payment was due as the acct was in dispute due to them defaulting on the CCA request. The lad (who hung up at the end of the 8 min conversation without giving me his name!) asked in a condescending manner where I was getting all this information and I said it was free to read on the internet - a copy of the CCA 1974. He then said he was just doing his job and that a DCA would now be instructed to reclaim the monies owed (payment 'arrears') I asked how he would do that as they would need a copy of the CCA I had signed - he said they would just give them my acct details... Where do I go from here? I havent as yet informed anyone (OFT, FSA etc) but in my book they have committed at least three offences now - one for requesting money whilst in dispute and charging interest in Jan. Again in Feb and now by calling me! The second company has requested (and collected in Jan) payment via DD -even tho they had cancelled the DD after it bounced a twice back in 2006 when I had a hard time - I have now cancelled the DD and they have written to me asking why the payment didnt reach them... I need advice and QUICK! All help gratefully recieved FS PS - I recorded the convo so I could do a transcript if required - but it would take a while!!!

I now have a case management hearing date (to which I will be attending). But judging by the searches for 'case management' on here, the bank seems to settle before it gets there. Heres hoping!

Cheers Frenchie

I got a letter today from Southend County Court. Case Management hearing on (or about) the same day as that Lou. (The letter is down stairs and I cant be arsed to check right now! ) Maybe have to reserve a few seats at McDs

What if theyre over £5k tho? It wont go thro on a small claims deal will it?

I have two CCs that went in on 2nd Jan Tanz so Im in the same boat! I now am trying to find a template reply. But no joy

Bump. Anyone got any more thoughts on a CCA Non Compliance letter??? Mine is looming this week...

LOL, Ive had similar conversations with CC Co's. I then pull the recorded slips and tell them when it was signed for and (when evailable) who by! That always go down well!

Mines up this week (if not before!) as I sent mine off on 2nd Jan.

Noomill - Ive just been and looked and I cant seem to find one that specifically relates to the time expiry of the CCA request. Could you link it to me by chance? PWEEEEEEEZ!

Thanks Noomill.

OK, question time. I have two CCs that will run out of the 2 + 12 + 30 day period for CCa request early next week.... One of which has now informed me (in writing) twice it cannot recover the signed agreement from its archives... Has anyone got a 'nice' letter I can send them informing them of their errors and my next move?

OK, question time. I have two CCs that will run out of the 2 + 12 + 30 day period for CCa request early next week.... One of which has now informed me (in writing) twice it cannot recover the signed agreement from its archives... Has anyone got a 'nice' letter I can send them informing them of their errors and my next move?

Bump!

Update. Rang SOuthend County Court yesterday to ask what was going on as I have had a few problems with post lately... The lady on the phone said that the Order was with the typist now and that I should recieve somethign early next week... Nobody has replied to my Southen thread tho Id like to know if Im gonna be going with others from here!

Anyone else???

Are they still adding interest and/or attempting to claim money from you? Are they asking for payments? just had a statement from one of my CCs that is in dispute and they have added interest

So what have you done? Have you sent the relevant parties the letters informing them of BCards default on the request? Id be interested to know. Im also intrigued as BCard sent me the CCA agreement / documentation (again today as it happens) even though I opened the acct in 1992!!!

Ive decided to drop it for now after recent events...

I think Ill do a bit more info dredging on what happens to non compliers and compose a letter which would hopefully put the frighteners up them...

Ive just recieved a response to my Prelim letter (late). The LBA was due to go out this week but I let it go.... I think Ill let the 8 weeks run and drop it for now.

Following on from Barlays submitting their defense (late! ) I recieved a letter last week sayign that my case has been transferred to Southend CC for case management by District Judge Dudley with other similar cases.... Just wondering if any of these 'other' cases are users of this forum Hello? Anyone there??? :D:D

Question. If the outstanding amount on an account is over £5k and the Credit Card Company cannot produce the requested agreement/contract - reiterated by themselves in a letter today, what do I do? My fear is that a) Its a lot of money for them to just leave unenforceable so they may well persue a court order to reinstate the payments b) If it DID go to court its over Small Claims so it 'should' cost ME c) Im nervous! The time for CCA production runs out on the 21st Feb, but as I said, they stated on their CCA req response they could not locate the 'archived' documents. I paid the amounts to bring the acct in order before the 14th day so they cannot legally enforce the acct as it is as the acct is in dispute due to non comliance with my CCA request. I am not going to hit them with the DTI/FOS letters til the 21st obviously - but I need to get my head around their response to them... If they had to pay the £2500 fine due to the offince of CCA request failiure its still less than letting the acct go unenforceable! Comments please. Appreciated as always! FS