Defauletd on CCA

[tiglet]

Hi

 

Wescott and Roxburghe have now defaulted on my CCA request and the 30 days is long gone.

 

Should I now contact them about this or wait to hear from them?

 

Not a peep since the acknowledgement of my letter and PO, stating "Need to get info, could take up to 28 days blah, blah, blah ..."

 

Thanks.

[bongobaz]

Hi

 

Wescott and Roxburghe have now defaulted on my CCA request and the 30 days is long gone.

 

Should I now contact them about this or wait to hear from them?

 

Not a peep since the acknowledgement of my letter and PO, stating "Need to get info, could take up to 28 days blah, blah, blah ..."

 

Thanks.

 

i had a similar thing with a DCA they defaulted so i wrote to them stating i will not be making any more payemnts as they have committed a criminal act

[PriorityOne]

There is no need to write.... it is not up to you to remind them of their legal obligations, although it remains a personal choice. Simply file away all your correspondence safely, cancel any further payments and report them to Trading Standards.

 

[tiglet]

Letter received from Wescot today:

 

"Dear Madam

 

Further to your recent correspondance regarding the above account.

 

Please provide proof of date of birth and a copy of two specimen signatures on an official document i.ie passport/driving licence. (their typo, not mine)

 

Should you have any further queries, please do not hesitate to contact ourselves.

 

etc, etc"

 

Now, the 12 days for this expired on the 15th Feb (it was signed for by them on 30th jan) and the 30 days expire tomorrow - this letter was dated 14th March. So three questions spring to mind:

 

1. Are they up to something sneaky to try to forestall the 30 days after 12 days rule to commit an offence?

 

2. Should I provide my ID? (after all, they were happy enough to chase me for the money without any proof of ID)

 

3. Should I advise them they have now defaulted on the CCA request?

 

Help would be appreciated.

[davefirewalker]

hi tiglet......

 

I dont think that you are under ANY obligation to supply this data.......

it sounds like some sort of [problem] / delaying tactic.

 

just let it lie ........ and see what happens

 

Dave

[tiglet]

Thanks for the advice.

 

I'm just a bit worried in case they use this as an excuse for not supplying me with the CCA i.e. I didn't comply with their request.

 

Do you think i should call them and ask exactly why they want this info?

 

Seems a bit fishy that they require a copy of my signature - possibly being paranoid here, but if there is no CCA, and they have my signature ... well, the possibility's there, isn't it? I'm not saying that they would copy it, but it's a concern.

[davefirewalker]

Just thinking as a further point i would reply to them in a couple of days just to remind them that the time is up and this debt is uneforceable untill they supply the requested data

 

Dave

[tiglet]

Hang on, is it 12 working days including the day they received the letter? if so, today is the last day of the additional 30 days - meaning tehy've sent me this letter on day 29.

 

What do you think?

[sequenci]

1) i would be dubious of including anything including my signature.

 

2) if they do not know who you are why are they chasing you, LOL.

 

i can appreciate they may be keen on the whole DPA issue but my argument would be that they shouldn't contact you to chase the debt if they are unsure of who you are!

[tiglet]

Thanks sequenci.

 

Should I write them a letter to that effect? If so, shall i mention that they have now defaulted on the request - is there a template I can use?

 

So many questions again x

[davefirewalker]

Hi Tiglet

 

they have 12 working days from receipt of request (+2days for delivery)

Then AFTER that they have one month before they are in default

 

ie if you sent on the first of feb they would bw deemed to have got it on 5th feb (mon) the twelve days is up on 20th feb and they are in default on 20th march

 

They cannot enforce the debt after the first period until they supply the correct paperwork. They have commited an offence if they havent supplied it by the end of the second period and would have to go to court to re-establish the debt

 

hope that helps

[pmhcfc]

Thanks sequenci.

 

Should I write them a letter to that effect? If so, shall i mention that they have now defaulted on the request - is there a template I can use?

 

So many questions again x

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

 

 

Yours Faithfully

[kennyparkroad]

bookmarked this! i so am going to use this letter

[tiglet]

thanks for the letter.

 

i actually posted on 29th an was received by them on 30th - good old track n trace.

 

i'll send off this letter on monday.

[sequenci]

[tiglet]

Didn't get round to sending the letter yesterday and was in process of writing it today, when I decided to "bait the bear" as it was (I am really bored this morning).

 

I telephoned wescott, upon answering I was asked if I would liek to pay off the full balance - I replied no, I would like my CCA please. I asked why they needed proof of my signature - was told that the guy would have to check with a superior.

 

He came back and stated that it was because I had said this wasn't me. No, i replied, i haven't said for what purposes I want my CCA, simply that I want my CCA. therefore, i won't need to supply you with these documents, will I?

 

Oh, he says, (very long pause) well, as soon as i get off the phoe I'll send out your CCA.

 

Interesting - they've already defaulted.

[djdave]

I remember from another thread you and I had requested CCAs at about the same time.

 

One of mine has defaulted, one has said they don't need to supply one as the agreement "is no longer current" and the third has sent a template letter.

 

It's good here, isn't it?

[tiglet]

Don't need to supply one as account is no longer current? oh, so you don't owe them anything then

 

I wonder whether we can register defaults against companies who default on our credit agreements? After all, that is what they are doing to us?

 

Can just imagine their faces

[djdave]

Another week has passed, did they ever send you anything?

[tiglet]

No, they haven't replied. i'm waiting for my credit records to see if they've defaulted me at all.

[sequenci]

 

one has said they don't need to supply one as the agreement "is no longer current

 

lol that old chestnut.

[Yog sothoth]

1) i would be dubious of including anything including my signature.

 

2) if they do not know who you are why are they chasing you, LOL.

 

quote]

 

Hmmm...I sign all my letters to DCAs. Is that a bad idea?

[ladybird17]

If they have, you should have received a 14 day default notice. If you didn't, then that's something else you've got them for.