DCA refusing to supply CCA

[gordies]

as my original thread has disappeared I am updating with a new one.

 

Do I just ignore these muppets now, or is there something 'juicy' I can send them to get them to act?

 

thanks, G

 

 

From the DCA :

 

'We have received a formal request under the Consumer Protection from Unfair Trading Regulations CPUTR 2008 for a copy of the Consumer Credit Agreement which related to account xxxxxxxxxxxxxxxx.

 

We can confirm that we do hold a copy of the agreement for the above account; however we have requested on five previous occasions confirmation of any name changes before we could send this information to you. To date this information has not been received.

 

In order to send the document to you, we do require confirmation of any previous names you have had, along with the dates of these changes.

 

As this information has not been forthcoming, we must assume that you no longer require a copy of the Credit Agreement, therefore the account will be returned to our collections team for collection activity to continue.

[Andyorch]

Which one gordies ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406225-Advice-on-Old-HSBC-Debt-%96-Now-with-MKDP/page2

 

or

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?408373-reclaim-MBNA-PPI-where-no-CCA-exists

 

Regards

 

Andy

[gordies]

Which one gordies ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406225-Advice-on-Old-HSBC-Debt-%96-Now-with-MKDP/page2

 

or

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?408373-reclaim-MBNA-PPI-where-no-CCA-exists

 

Regards

 

Andy

 

Neither of them Andy, it was last updated 4th Nov and when I follow the email advisory link the thread has gone.

[ims21]

The one that you updated on 4th November is here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?281954-No-credit-agreement-only-an-application-form&p=4388392#post4388392

[gordies]

hi all,

 

Happy New Year!!

 

So, the latest with this lot is that they cannot supply a copy of the original agreement, but they still intend chasing for payment. In their long letter they state that:-

 

"Whilst we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies has not been made illegal or void because of our current failure to supply a copy of the original agreement. We are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay remains intact"

 

What can I fire back at them now to tell them they are in the wrong, if indeed they are? Or is it time to forget about them and let them ramble on and constantly phone harass me?

 

Thank you!!

[renegadeimp]

Send the non compliance letter and the telephone harrasment letter then ignore them.

[citizenB]

Whilst they are in breach of your s78 request then they should not be able to issue a claim.

[mjt2013]

I have a feeling there's some authority on the meaning of "enforce" under s78 which states that enforcement is not merely issuing the claim but is obtaining judgment. I have to concede that I have no idea what that authority is at the moment!

 

In any event, they definitely can't go so far as to obtain a judgment so if they do issue a claim I'd apply to have it stayed or struck out.

[citizenB]

I believe it was either McGuffick or Carey, mjt.

 

The judgment was quite ambiguous in that it did not clearly state what enforcement was, other than not being able to obtain judgment.

[mjt2013]

I believe it was either McGuffick or Carey, mjt.

 

The judgment was quite ambiguous in that it did not clearly state what enforcement was, other than not being able to obtain judgment.

 

Thanks. Yes, I recall it being frustrating in saying what wasn't enforcement rather than stating what actually was but I think I'm right in saying that issuing proceedings wasn't classed as enforcement.

[gordies]

I would love to see them try issuing a claim.

 

I have written confirmation from the OC that the original agreement does not exist as it was such a long time ago, and that they will not be seeking to enforce the debt. However, they have sold the debt on - which is interesting in itself.

 

Perhaps it is time to show the lowlife the letter and see what they say? Or, maybe I won't and just let them waste time writing to me asking for payment?

[Andyorch]

Thread moved to appropriate forum

[mjt2013]

If I were you I'd send them the letter and get them off your back but I suppose it depends on how much their attempts to contact you cause you irritation.

[gordies]

Have already sent them the letter, and the complaint letter when they failed to supply under s.78.

 

They told me my 'complaint' was rejected as they claim they had endeavoured to comply with my request, but my failure to provide confirmation of any name changes prevented them from complying with my request.

 

So, they still intend pursuing, but admit they are unable to enforce.

 

I really don't think they are going to listen to anything, but I have sent the telephone harassment letter and await their compliance LOL.

[renegadeimp]

The OC sold the debt on to reclaim the money on it. They claim it against tax/vat/insurance and also get money from selling it on. After theyve sold it, they couldnt care less what happens with it, which is why they fob you off.

[spartathisis]

As a thought, has the OC not committed fraud in the selling of a known unenforceable debt an benefiting from the sale?

 

http://www.cps.gov.uk/legal/d_to_g/fraud_act/#a08

 

Fraud by failing to disclose information (Section 3)

The defendant:

 

failed to disclose information to another person

when he was under a legal duty to disclose that information

dishonestly intending, by that failure, to make a gain or cause a loss.

Like Section 2 (and Section 4) this offence is entirely offender focussed. It is complete as soon as the Defendant fails to disclose information provided he was under a legal duty to do so, and that it was done with the necessary dishonest intent. It differs from the deception offences in that it is immaterial whether or not any one is deceived or any property actually gained or lost.

 

We as taxpayers lose out as well due to the write-off against any tax payable, deliberately reducing tax payable to HMRC?

[rmdl24770]

HI I am new on this site can anyone tell me where the letter template for non-compliance to a CCA can be found? I have checked the library and cannot see said template.

 

Thank you

 

Robbie

[Andyorch]

Hi Robbie

 

Follow the link

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387485-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-(update-21.04.2014)

 

Not that I advocate you ever send one....do you want to give them a second chance?

 

Regards

 

Andy