Lowell and old Cap1 card and CCA request * RESOLVED*

[mikeymack2002]

A further update on many of my different posts for an old lady this one is Capitol One CC taken out in 2004.

 

I sent to Lowell's a CCA request the time has passed and no details have been forthcoming, the account has now been placed on hold awaiting the requested documents.

 

A further phone call has now confirmed that Lowell's are now quoting they have 40 days to comply with a CCA request, we all here know that it is 12+2 days to sort out.

 

 

The regulations about this can be found here, http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf please check out part 2.14 this clearly states 12 days, + 2 days due to posting this out. It is confirmed that the 12+2 days are working days, Monday to Friday.

 

We at CAG have always known for a long time that DCA's cannot read and quote all sorts of wrong things, This debt as well as many others have all failed to comply with the CCA requests, the new letters will be in the post tomorrow for this.

 

Why the blue blazes do DCA's think we as adults can not Google the law? They are totally misquoting rules and regs in anyway they see fit. I know what to do next but wanted to show new posters what is what and that they (DCA'S can) say/do in regards to a CCA request, check out the OFT link if they wish to do so. Thx for reading. Oh btw this is also happening with Fredrickson's, Cabot and Moorcroft on these/other matters.

 

 

At present I have 6 unfulfilled CCA requests as of 03/02/2014, what the blazes is taking them so long.

 

 

Page 28 onwards for the layman are very interesting reading, as when a DCA replies to your request they MUST use plain English, and explain to you that the rules they are using for/not responding to your request, so in my eyes when a DCA replies with reasons they cannot comply they SHOULD NOT use long legal terms for this, am I ready this correctly?

 

 

With this next line is a question that if you can answer will be very interesting,

 

 

The lender should also give you a copy of any documents that are referred to in your agreement. My reading of this is

 

(A) if it is a fixed credit agreement and you provided ID does this then have to be included as well, or copies of such?

 

(B) if no such documents are enclosed does this make the request unfulfilled?

 

 

 

• show you the original terms and conditions and any later variations

© again if no T&C's or any amendments included does this make the request unfulfilled?

 

 

• contain all the information and statements of protection and remedies

 

(D) If no statements have been sent does this make the request unfulfilled?

 

 

 

• be easy to read.

(E) If the copies are unreadable i.e. blurred does this make the request unfulfilled?

 

The link appears broken so have attached the PDF for your reading

 

 

 

MM

[BRIGADIER2JCS]

Some DCAs (Cabot in particular) are quoting some I think spurious ''industry Guidance'' that allows them to extend the statutory time limits on CCA and SA requests.

[ericsbrother]

They have confused a SAR with your CCA. You would have thought that they had seen enough to know the difference.

[mikeymack2002]

Not a change lol, have it in writing I believe, the account in on permanent hold till doc's come through now

 

 

MM

[theoldrouge]

A,no,B no,C yes,D yes,E yes

[mikeymack2002]

Hi Brig with so many changes to keep tabs on I have re-read this document several times, since reading certain parts I had those questions, like these

 

 

1. The CCA request goes to the owner of the account, ie the OC or the DCA that has "bought" the account, my understanding now is if the DCA is a collector the CCA to OC, and so on. See 2.4.

 

 

2. assignee/assignor BOTH must be able to send the CCA request, see 2.6

 

 

3. Am I right to assume if there was amendments to the T&C's these MUST be enclosed? see the quote 2.28

 

2.28 Although some creditors have apparently considered it is sufficient to provide a copy of the current terms and conditions (that is, 'a statement of the terms of the agreement as varied'), that does not comply with the requirements of Regulation 7. In Carey v HSBC Bank plc16 there was detailed analysis of this issue and it was confirmed that 'include' meant that the documents showing the variations were to be supplied in addition to a copy of the original agreement.

 

4. If the debtor is unsure of any amendments to the T&C's can they ask the receivee of the CCA request if there were any, would the receivee of the CCA then have to find this information out? Then supply it?

 

So out of the 7 CCA requests sent only 1 has been returned on time, the outstanding 6 are at day 17. The one that sent the CCA has only sent the T&C's at the start of the agreement not those at the end or any amendments! The agreement has come back signed and looks correct, one is with Brian Carter this one is also very late, does his threats just have to now wait till the CCA request is fulfilled?

 

 

MM

 

 

[BRIGADIER2JCS]

Correct but I think some of the updates/amendments and new provisions in the guidance still have to b read in conjunction with some of the old guidance and the guidance notes on the application of the provisions.

 

 

I'm reading the whole lot again and again to try and understand this.

I don't think we can take it all ''as read'' at this point.

[mikeymack2002]

Admin please mark post as a success as Lowell today closed the account completely with no sell on I have this in writing.

 

 

This week has been AMAZING..... Why? Lowell have closed this account now as no CCA so yet another success. This is my 4th this week lol

 

 

It just goes to prove just how important it is to spend that single £1-00 to get this needed document. Its worth a fortune to a debtor if they no longer have it

So if you haven't got it send for it and share in the success of putting to bed a scare mongering DCA, that tries to BULLY those who do not know how this all works.

 

 

The little old lady is so happy as another one bites the dust thanks to CAG

 

 

MM

[mikeymack2002]

can admin mark this thread as *closed* F&F paid and account closed