Continued failure to provide CCA information - what next?

[ddelo]

The provisions of the CCA say that a creditor commits an offence if he fails to comply after a set period of time.

 

Hillesden Securities have been writing to me since 2008 saying they're in the process of getting the CCA information from Egg. If they've committed an offence, what action can I take and can I get the debt cancelled?

 

Can anyone tell me what my options are now?

 

Thanks,

 

Dave

[harrassed senior]

The part of the act you refer to is no longer relevant as it was changed sadly, a few years back now.

 

Have you sent the Account in Dispute letter, as until you do so, they will go on chasing. If you have report them, If not, then send it (Recorded Delivery).

[rebel11]

Hi ddelo

 

You can't get the debt written off, it would be foolish to try as recent cases have shown. Have you sent off an account in dispute letter? If you haven't then thats the thing to do. The account will remain in dispute until they provide the requested documents. The debt is Unenforceable until the documents are produced.

 

Heres an interesting read:- http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

[ddelo]

Thanks to harassed senior & rebel11.

 

Does this mean I simply sit tight until the 6 year statute of limitations applies?

[harrassed senior]

Entirely your decision, we do not advocate avoiding debts, but we advise to challenge the legality of the DCA's actions.

[ddelo]

Thanks again - Account in Dispute letter sent today

[harrassed senior]

Please keep us informed, and if/when you receive any reply if we can be of any help.

[ddelo]

Several of my (alleged - as they haven't yet proven I owe them anything) creditors have now failed to provide the CCA information. I've sent them the Account in Dispute letter. Hillesden securities have continued to send me their regular (it's on hold while we find the information) letter. Westcot Securities keep telling me to write to RBS, despite my telling them that it their obligation to do so. All 12+2 time limits have well and truly expired.

 

What next? Despite their all having failed to comply, been told the account's in dispute, they're carrying on as though none that counts!

 

I would be grateful for further advice and directions to the next letter template.

 

Thanks for the help this forum provides - it is SUCH a psychological crutch knowing there's impartial advice out there.

 

Dave B

[firstship]

Have any of your creditors produced a Reconstituted Agreement??

 

FS

[ddelo]

Hi FS.

 

Capital One sent a copy of the current T&Cs via an undated letter in response to my CCA request to FPC Debt Collection Services. My CCA request to FPC was dated 15/12/2010. FPC last wrote on 06/01/2011 saying account on hold while they refer the matter to their client (Capital One).

 

None of the others has attempted this yet, tho one DCA (Moorcroft) quoted some legal cases in a letter before they then wrote they were no longer on the case. Westcot Credit Services seem to have taken this one over for NatWest/RBS.

 

Barclays have been pursuing their debt via multiple DCAs simultaneously: CDCS & CSL (with a threatened doorstep visit by Power2Contact). I sent CDCS the Account in Dispute letter and now Barclays are asking me for information because they can't find any record of the debt CDCS is pursuing! CSL kept telephoning me & leaving automated messages. I sent them the "stop harassing me by phone" letter & they've agreed to de-list my number but have requested settlement of the alleged debt. I'm sending their CCA request letter in the morning, tho if CDCS can't comply I would doubt CSL can.

 

The other one is Hillesden Securities acting on behalf of Egg. They just keep sending me a letter saying the account is on hold while they look for the documents, even after I sent them the Account in Dispute. I've been getting this same letter every 21 days for almost 3 years!

 

So really, they're all at the same stage. None seems to be able to comply with the CCA request, but all continue to press for settlement of a debt they can't prove. And not one of them has produced any evidence they have either taken over the debt or are acting on behalf of the original creditor. It seems just because they send you a letter you're supposed to take their word for it! I even wrote to Westcot saying I wasn't attempting to avoid any liabilities, I was just asking them to produce proper evidence that they are authorised to collect it and what the amount is. Their response was to say their client requires me to wrote to them myself with the £1 that they had already returned several letters previous.

 

Is there a way to halt this groundhog day?

 

Thanks,

Dave

[Bazooka Boo]

Just keep the letters mark down the date yo received them on the envelopes and file them under ignore.

 

Give a dog a bone and it will keep coming back, so no more letters to any of them, you have done and said what you have to say, if they fail to read your letters then reciprocate the favour and ignore them also.

 

If anyone of these so called doorstep collectors does in fact exist, and grace you with their slimy presence then, take control, it is your property, you choose who you want to talk to on the doorstep, as do you on the phone.

 

They are all powerless to act, powerless to do anything, the letters are purely and intentionally designed to psychologically intimidate and threaten you, "in YOUR own home"! Once you realise this then their puerile missives fail to have any meaning or effect and renders them completely useless and pointless, they are a waste of paper.

[firstship]

ddelo,interesting, very little in the way of acceptable responses,so as Bazooka states you have done all you need do,now is the time to stay quiet,no letters,the ball is firmly in the court of the DCAs

 

Good Luck FS