cougar DCA [power2contact] failed CCA, old cap1 debt - cca came!

[The_Sherinator]

Hello everyone,

 

Just a quick question regarding CCA requests.

 

If a CCA request isn't honoured within the 12+2 days, which is the correct procedure to follow?

 

Is it:

 

1) Send a reminder letter with an extension

 

or

 

2) Send a letter explaining that they've failed to provide the CCA as requested and deem the agreement unenforcable?

 

Thanks.

[sequenci]

Failure by a company to furnish you with the agreement wouldn't make the credit agreement unenforceable per se,

but you could inform them that you're going to withold payment until such a time that they send an agreement to you.

 

What's important to remember that there is a difference between a company not adhering to your information request under s77-79 CCA

and a credit agreement being rendered unenforceable.

[The_Sherinator]

Ok, so if the 12+2 days have expired, what is the correct course of action?

[BRIGADIER2JCS]

Place the account formally in to dispute for non compliance with the CCA request, the only restriction is they cannot start a court claim until they comply.

[The_Sherinator]

Ok, great and I'm perfectly entitled to withold payment until they provide one?

 

Also, is there a letter template for non-compliance of a CCA request?

[BRIGADIER2JCS]

Ok, great and I'm perfectly entitled to withold payment until they provide one?

 

Also, is there a letter template for non-compliance of a CCA request?

 

In the CAG library:-D

[sequenci]

Place the account formally in to dispute for non compliance with the CCA request, the only restriction is they cannot start a court claim until they comply.

 

I thought they could as per McGuffick v Royal Bank of Scotland, or is there something that's happened since which has reversed that?

[The_Sherinator]

Superb, thanks a lot! I love this site, you should all get medals!

[BRIGADIER2JCS]

I thought they could as per McGuffick v Royal Bank of Scotland, or is there something that's happened since which has reversed that?

 

Pre April 2007 agreement needs original to enforce the recon if properly constituted MAY satisfy a sect 77/78 request

 

Any recon produced to enforce is for a judge to decide on acceptability.

 

Also McG was in relation to a 'mislaid' agreement not a non existent one.

[sequenci]

Pre April 2007 agreement needs original to enforce the recon if properly constituted MAY satisfy a sect 77/78 request

 

That wasn't what I asked.

 

You put 'the only restriction is they cannot start a court claim until they comply'

 

Which is incorrect based upon the Mcguffick ruling, I was asking if there has been anything since to change what was stated in the case

[BRIGADIER2JCS]

See edited post.

McG. was in regard to a missing agreement, I don't have judgement here as I'm not at home

[dx100uk]

you send them this

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

and stop any payments.

 

they have 12+2 WORKING DAYS to comply with the CCA request.

 

as for what they can now do..

they can do everything bar enforcing any court CCJ they MIGHT get.

so its worthless them going to court

as they cannot take any enforcement action.

 

they can mark you cra file

send you nasty letters

send dirty men in raincoats that have no powers at all.

 

basically, they are stuffed.

 

dx

[The_Sherinator]

So, without a CCA then a CCJ is out of the question?

[dx100uk]

they cannot enforce any court action

 

not allowed under the CCA 1974.

dx

[The_Sherinator]

Sorry, I'm a little confused. Are you saying that they could go to court, get a CCJ but not enforce it?

[dx100uk]

that's about the bottom line I think

 

never known anyone doing that though

no point.

dx

[The_Sherinator]

Ok, great. I've got the letter ready to post in the morning. It's strange, people try and pay what they can and they always seem to force you into a corner and then they end up out of pocket. I know they count on people not knowing their rights but they treat us all like we're idiots. I recently watched that Dispatches documentary on YouTube about the debt collectors. Interesting stuff indeed.

 

Had I never come on here though, I'd have been a wreck by now. But thanks to the help and advice I've received from everyone, I feel empowered. I'm not longer worried about my debts or DCAs and I can get on with my life.

[Ford]

So, without a CCA then a CCJ is out of the question?

 

 

they can do a reconstituted version re a cca request, but it must/should be accurate (kotecha v phoenix case).

 

if they can't satisfy compliance with a cca request, then there can be no enforcement in court.

but, they can go away and come back so long as there is compliance on that.

 

is it before 4/07? if so, s127 3 con credit act would apply.

 

note though,

that they would use the Carey and Mcguffick cases in support of a recon being acceptable re a cca request and s127 3.

 

Carey mainly relates to a cca request, but refers to s127 saying that it depends on the individual circumstances.

ie they would need to show that there was a debtor signed prescribed doc. of which a recon may suffice

if they can show there was a signed prescribed doc.

the Wilson case supports s127 3.

Edited July 24, 2013 by Ford

[The_Sherinator]

Sorry, can I just check when the 12+2 days countdown begins? Is day 1 the day that they received the letter?

[BRIGADIER2JCS]

Best to work on day received, but technically the day posted.

[The_Sherinator]

Ok, great. Either way the limted has expired. I just wanted to get the dates right on my letter to them

[Ford]

and so you have . 14 days. if any doubt, give them a couple more days, wont make much difference re the grand scheme of things.

Edited July 24, 2013 by Ford

[The_Sherinator]

Well, they've had their time and not produced anything. The letter is going out tomorrow

[Ford]

and, they have all the time up to the q of an enforcement order to produce something!

Edited July 25, 2013 by Ford

[The_Sherinator]

What do you mean, "the q of an enforcement order"?