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Hello - Claim Form received from Northampton CC Business Centre

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  • Hello - Claim Form received from Northampton CC Business Centre

    Hello,

    At the end of July 2013, I sent a cca request letter to Apex (dca). Within the timeframe I received the response below.
    "We have referred your account to Lloyds Banking Group to enable them to supply the information you have requested. Whilst we are waiting for your account information from our client, we can confirm that we have placed your account on hold and we will contact you once we have received a response from our client."

    I haven't received the full compliance information from my cca request, even though they responded before Friday 16th Aug 2013.

    I have summarised the details of this a/c below:

    Type of a/c: C/card
    C/card company: BOS
    Correspondence: received settlement offers of varied amounts over the years
    Opening credit limit: £3,600
    Date c/card opened: Feb 2001
    Closing credit limit: £8,900
    PPI Included: n/a
    Charges and Late fees incl: yes
    Interest % amounts: 12.94%, 13.9%, 21.95%, 24.4%
    Balance before transfer to dca: £9,600+
    Name of dca: Apex
    Current monthly payments: £5.00 by s/order
    Latest payment made: August 2013
    Statements received from dca: 1 to 2 times per year
    Balance to date: £9,200


    Regards.
    Tags: None

  • #2
    Re: CCA Request_BOS c/card with Apex dca

    Originally posted by Helpseeker View Post
    I haven't received the full compliance information from my cca request, even though they responded before Friday 16th Aug 2013.
    What have they failed to supply?

    Comment


    • #3
      Re: CCA Request_BOS c/card with Apex dca

      Originally posted by Helpseeker View Post
      Hello,

      At the end of July 2013, I sent a cca request letter to Apex (dca). Within the timeframe I received the response below.
      "We have referred your account to Lloyds Banking Group to enable them to supply the information you have requested. Whilst we are waiting for your account information from our client, we can confirm that we have placed your account on hold and we will contact you once we have received a response from our client."


      I haven't received the full compliance information from my cca request, even though they responded before Friday 16th Aug 2013.
      That's perfectly fine and just what you would expect from a DCA, they wouldn't have the documents and always have to go to the original lender to obtain them.
      They have put the account on hold which is what we were looking for!

      There is no need to reply, the account will be unenforceable until such time they send a compliant document, which given the age of the account, could well be never!

      Comment


      • #4
        Re: CCA Request_BOS c/card with Apex dca

        Originally posted by Nibbler View Post
        What have they failed to supply?
        By the sounds of it, everything! They've just written to say they'll get the documents from the OC.

        Comment


        • #5
          Re: CCA Request_BOS c/card with Apex dca

          When they said "full", I assumed that there was some partial compliance. Clearly not.

          Comment


          • #6
            Re: CCA Request_BOS c/card with Apex dca

            Sit. Wait. see what they stump up, if anything, then post back for advice.

            Comment


            • #7
              Re: CCA Request_BOS c/card with Apex dca

              Originally posted by FlamingParrot View Post
              By the sounds of it, everything! They've just written to say they'll get the documents from the OC.
              Yes that's right. I received a one page letter.

              Comment


              • #8
                Re: CCA Request_BOS c/card with Apex dca

                Ball in their court still then.

                Comment


                • #9
                  Re: CCA Request_BOS c/card with Apex dca

                  Originally posted by Nibbler View Post
                  When they said "full", I assumed that there was some partial compliance. Clearly not.
                  Sorry, my language.
                  Their response basically said that they had nothing to show me in relation to my cca request.

                  Comment


                  • #10
                    Re: CCA Request_BOS c/card with Apex dca

                    Yes.
                    I'm waiting to receive today's post, and I believe that today is the deadline.

                    For clarity, I have a few questions. I dated my letters 'Monday 29th July', although I posted them by recorded delivery on Saturday 27th July.
                    So I was just wondering about the 12+2 working days deadline. When does this actually start?

                    Is if from the date on the letter that was posted to the dca's? ~ Mon 29th July
                    Is it from the recorded delivery posting? ~ Sat 27th July
                    Is it from the day that it was received and/or signed by the receiver? Mon 29th onwards

                    I'd like to know as I'm considering stopping my d/debits and standing orders to the dca's.


                    Regards,
                    HS.

                    Comment


                    • #11
                      Re: CCA Request_BOS c/card with Apex dca

                      Originally posted by Nibbler View Post
                      Ball in their court still then.
                      Yes, just awaiting another response from them.

                      Comment


                      • #12
                        Re: CCA Request_BOS c/card with Apex dca

                        Don't worry too much about the exact number of days, technically the accounts are unenforceable until such time they respond with a properly executed agreement for each one. This type of unenforceability is redeemable, i.e. they can rectify the breach at any time by providing such an agreement, even if it's provided outside the 12+2 days. If the accounts have been passed on to DCAs, they are unlikely to obtain the documents that quickly, all they can do is ask the original lender for the paperwork and wait. :clock:

                        Comment


                        • #13
                          Hello - Claim Form received from Northampton CC Business Centre

                          Hello members,

                          Its been some time since I was last on the site, but I do welcome some help.
                          Today (15th Dec) I received a Claim Form N1SDT from Northampton County Court Business Centre, 21-27 St Katherine's Street.

                          Info:

                          - Issue Date: 11 Dec 2015
                          - Claimant: MFS Portfolio Limited
                          - Address for Documents and Payments: Restons Solicitors Limited
                          - Particulars of Claim:
                          The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and BoS dated on or about Jan 31 2001 and assigned to the Claimant on Jun 29 2015

                          PARTICULARS a/c no (account no. stated)

                          DATE ITEM VALUE
                          10/11/2015 Default Balance £9,xxx.xx
                          Post Refrl Cr NIL
                          TOTAL £9,xxx.xx

                          The Court fee is £410.00
                          Legal representatives costs £100.00
                          Total amount over £9,500+

                          Signed: Nigel Petri Coe
                          Claimants Legal Representative

                          Also in the pack are:
                          - Form N9SDT Response Pack Acknowledgement of service
                          - Form N9A (SDT) Form of Admission (specified amount)
                          - Form N9B (SDT) Defence and Counterclaim (specified amount)

                          ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

                          History:

                          The lead up to this is that over the years, the account has been referred to numerous dca's i.e. Apex, Capquest, Westcot, 2f (trading name of Westcot), Cabot Financial (Marlin) - Assignment of account.

                          At the end of July 2013, I wrote to Apex with a formal request re: s.77/78 of the CCA 1974. A response was received dated 29 May 2013 with the original client being named as Lloyds Banking Group. They stated to confirm that they have referred the account to Llloyds for them to supply the information I requested.

                          Whilst they waited for the account information from their client, they confirmed that they placed the account on hold and would make contact once they received a response from their client.

                          I did not received anything more from them.
                          I believe that they sold the account onto another dca as the next correspondence was in early March 2014 from Capquest. They in turn have not made any reference to LLoyds.

                          I think that the claim should be defended. Do I complete form N9B?

                          Can you please advise as to what I should do?

                          Regards,
                          Helpseeker02

                          Comment


                          • #14
                            Re: Hello - Claim Form received from Northampton CC Business Centre

                            Hi all,

                            I acknowledged the claim.

                            The next step is for the claimant. I previously wrote a CCA request in July 2013 to the original company - Apex. Should I:

                            1. Send the original letter with a covering letter to MFS. If so, what do I put in the covering letter?
                            2. Or just send an updated CCA request to them?

                            Regards,
                            Helpseeker02.

                            Comment


                            • #15
                              Re: Hello - Claim Form received from Northampton CC Business Centre

                              I'll give [MENTION=55034]nemesis45[/MENTION] a shout.

                              Comment

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