how long do i wait

[crinanjon]

i requested (and paid for a copy of credit agreement) on Jan 10th. avereceved nothing bck. how long b4 timeframe is over for their reply

[crinanjon]

i requested (and paid for a copy of credit agreement) on Jan 10th. i have received nothing back. how long b4 timeframe is over for their reply. what do i do next?

[crinanjon]

i requested a copy of my cca on jan 10th. i have received nothing yet. how long do i wait, and what do i do next?

[cheddar]

After 12 days they are in default a further month after that and they try to persue the debt they are commiting a criminal offence

[donbracho]

thats a matter of interpretation mate, some say just wait till you here from them then point out that they cant do anything as the time has elapsed its time barred i think the phrase is, so long as you sent the request by recorded delivery

damo1312 provided this template does the job....

 

(adapt and fiddle with as appropriate.... )

 

I write with reference to the above correspondence.

 

As you are well aware (if you have fulfilled your legal obligations by obtaining all information pertinent to this Account before embarking on intimidatory claims, contrary to Section 40 of the Administration of Justice Act 1970, the Malicious Communications Act 1988, the Protection from Harassment Act 1997 and the revised July 2004 OFT Guidelines for Debt Collection), (Random DCA) is currently in Default (as of whenever they defaulted) of the Consumer Credit Act as given above, due to the fact that they have failed to provide:

• A true, signed (i.e. Properly Executed) Copy of the Original Credit Agreement for the above (Random DCA) Account;

• A current and fully up-to-date Statement for said Account

within the legally binding timeframe, as stipulated within the Act.

 

Additionally, they have failed to produce a signed, true copy of the Deed of Assignment proving their legitimacy to deal with this Account.

 

Finally (in an apparent attempt to circumvent their legal obligations) they have attempted to pass the Account onto you (as referenced in your letter, dated as above).

 

In view of the above, I do not recognise any debt to your company, and must insist that you pass the details you hold back to (original creditor or DCA) (whoever transpires to be the legal owner of the debt, as this fact is currently ambiguous). (Delete this last bit if you are sure who owns the debt).

 

Should you attempt to continue to condone (Random DCAs) actions by taking any action whatsoever against me, then I shall reserve the right to pursue you with the full weight of appropriate legal sanction (as stipulated elsewhere in this letter) without further reference to you.

 

 

Yours Faithfully....

[PriorityOne]

Personally, I would leave it alone. There is no need to write and tell them anything. If you have already made payments, then you were within your rights to withhold these after the 12 day default. Report them to Trading Standards for non-compliance and move on with your life. No CCA = no enforceable debt.

 

There is no need to nag them into passing the debt back to the original creditor either... if they were collecting on behalf of someone else, then they would do this anyway. Let them continue defaulting... it is not up to you to remind them of their responsibilities under the law.

 

[pmhcfc]

Personally, I would leave it alone. There is no need to write and tell them anything. If you have already made payments, then you were within your rights to withhold these after the 12 day default. Report them to Trading Standards for non-compliance and move on with your life. No CCA = no enforceable debt.

 

There is no need to nag them into passing the debt back to the original creditor either... if they were collecting on behalf of someone else, then they would do this anyway. Let them continue defaulting... it is not up to you to remind them of their responsibilities under the law.

 

 

I'll second that!!

[crinanjon]

so i am in the clear now?

[donbracho]

an i third it !

[crinanjon]

i requested a cca from call service limited on jan 10th (i sent by recorded delivery and sent £1 payment). they have not sent me the cca. instead they keep sending me threatening letters wantin gpayment.

from what i have read on here they have run out of time for producing the cca. am i righht. advice urgently needed. many thanks

[crinanjon]

i requested a cca from call service limited on jan 10th (i sent by recorded delivery and sent £1 payment). they have not sent me the cca. instead they keep sending me threatening letters wantin gpayment.

from what i have read on here they have run out of time for producing the cca. am i righht. advice urgently needed. many thanks

[DanP1973]

Just ignore them. Its sabre rattling

[diskmandave]

Did you send it Recorded Delivery and can you prove that it was delivered?

 

Dave .

[crinanjon]

yes i did , and they acknowledged receiving it.

[tiglet]

Hi there

 

they have defaulted, and as an additional 30 days has passed, they ahve now committed a criminal offence.

 

Did you check with royal mail when they received the CCA request? Get a proof of delivery from them (or download from website) to prove your case.

 

i would sit tight for a couple of weeks more an dthen let them know that they have now defaulted and may have committed a criminal offence.

 

Look at some of the other threads on here - lots of cases of this happening.

[storm]

They also should not be pursuing you for any debt until they have sent this

[tiglet]

Exactly - won't look in front of a judge, so IMO, it's unlikely they would let it get that far.

 

My advice - just sit tight for the moment, knowing that they are in default and they are the one's who are going to suffer for it.

 

Don't stress - they won't be!

[diskmandave]

i would sit tight for a couple of weeks more and then let them know that they have now defaulted and may have committed a criminal offence.

 

Don't tell them nothing!

 

It's not our job to brief them on the law, it's their job to know!

 

The longer they leave it, the better it is for "us"...

 

Wait 'til they decide that they can be bothered to continue with it, after all, if they can't supply the CCA the longer they leave it the better...

 

Good luck, Dave.

[PriorityOne]

Dave is absolutely right !!

[diskmandave]

Without knowing the exact date that they received it they've already committed an offence.

 

Read either s77 s78 s79 of the CC Act (the one that applies). Remind them in no uncertain terms of the section that applies next time they contact you.

The law is crystal clear on this, and don't worry, whichever section does apply is only a few lines long! No long winded legal stuff.

 

http://www.crw.gov.uk/resources/consumercreditact1974.pdf

 

Good luck, Dave.

 

 

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Don't forget my scales if my post has helped in any way

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[Seminole]

Also report them to your local Trading Standards department for failing to comply with the CCA.

[crinanjon]

will do that. is there a template letter for that anywhere.

[crinanjon]

byt he way, on thepost office website the cca request letter was signed for on 11th of jan

[crinanjon]

i requested a cca from capquest on jan 10th ( i sent the £1 postal order) and i posted it by recorded delivery. they acknowledged the letter and put my account on hold for 28 days.

they have still not sent me the cca and keep sending ever more threatening letters. what do i do now?

[crinanjon]

i requested a cca from capquest on jan 10th ( i sent the £1 postal order) and i posted it by recorded delivery. they acknowledged the letter and put my account on hold for 28 days.

they have still not sent me the cca and keep sending ever more threatening letters. what do i do now?