Howard cohen cca reply.

[blueneck]

Hi, I received a notice of pending legal action from cohen solicitors saying they have been instructed to issue a claim against me in the county court for a santander £1412 debt so i sent them a cca request.

 

This is their reply - We must advise you that requests for copy credit agreements under s.78 The consumer credit act 1974 only apply to running-credit accounts as defined by CCA.

Your account is no longer a running-credit account because your credit facility has been withdrawn because it is in default and s.78 CCA therefore does not apply and there is no time limit to respond.

However we will out of courtesy request a copy of your agreement from our client for your records.

 

Are they correct in saying s.78 does not apply and there is no time limit?

 

They also say that there has not been an assignment of this account. What does this mean?

 

Any advice appreciated.

[renegadeimp]

What type of account was it? Bank/overdraft/credit card?

[blueneck]

credit card.

[renegadeimp]

Then the CCA does apply 100%. The 'solicitor' is wrong.

[blueneck]

Thanks for the reply.

 

Any advise on my next move?

 

Not sure what to do.

[renegadeimp]

If they are refusing to supply the CCA, you need to ask yourself why.

[renegadeimp]

I would also be careful, as HC are known to be like lowells. Very litigious, as they try to get a claim through before the debtor has time to get the full facts of the case together.

[blueneck]

They are not refusing to supply the CCA, they are saying they do not have to reply within the 12+2 time limit.

[renegadeimp]

They are wrong. ALL DCA's say that. they have 12+2 days to provide it.

 

As for not supplying it, from experience with many other DCA's, thats exactly what they are doing. They are refusing outright to supply it under the guise that they have " no limits" to adhere to. This means that they never have to supply it if they dont want to.

 

My question though, is why are you asking for the CCA? Can you give more details on this debt? Is it in your credit record?

[AndyOrch]

Thread moved to Debt Collection Industry.

 

Regards

 

Andy