is it right that telecommunications dont need a cca

[FRANKIETEL]

hi everyone would any of you kind people know if its true that a telecommunications debt didnt need a cca, ive never taken out a talk talk mobile account but have received a county court claim form and asfter asking for the origional credit agreement to try and prove its not me they say they dont need to produce a cca as its telecoms, how true is this please and is there any way i can prove its not mine or that it actually exsists have proof of my home address fro last 15 years and account was taken out in my name d.o.b with totally diffirent address, thanks in advance

[echat11]

If you've received a Court Claim, you need to follow the CPR and defend the claim, whilst still getting the facts together.

That's correct, it's a service contract, not covered under the CCA 1974 Act.

I would send TalkTalk a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

Depending on what they send, you can lodge a complaint with the ICO.

https://legalbeagles.info/library/gu...ccess-request/

https://ico.org.uk/your-data-matters...h-the-outcome/

[FRANKIETEL]

If you've received a Court Claim, you need to follow the CPR and defend the claim, whilst still getting the facts together.

That's correct, it's a service contract, not covered under the CCA 1974 Act.

I would send TalkTalk a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

Depending on what they send, you can lodge a complaint with the ICO.

https://legalbeagles.info/library/gu...ccess-request/

https://ico.org.uk/your-data-matters...h-the-outcome/

thankyou for the speedy reply, just to clarify, would i request that from talk talk or the company that bought the debt, regards

[echat11]

thankyou for the speedy reply, just to clarify, would i request that from talk talk or the company that bought the debt, regards

From TalkTalk.

https://community.talktalk.co.uk/t5/...ghts/bd-p/GDPR

[atticus]

You can ask for the agreement with the telecoms company. It does not have to be a consumer credit agreement.

[jaguarsuk]

You can ask for the agreement with the telecoms company. It does not have to be a consumer credit agreement.

It is often a standard reply of the debt purchasers that they do not have to provide a credit agreement as the debt is not covered by the Consumer Credit Act 1974 whether you ask for a CCA or just the agreement.

I usually suggest writing back something along the lines of:

I am aware that this is not an alleged consumer credit debt, however if you allege I entered into an agreement for services you will need to demonstrate that I did and the terms of said agreement. No court can rule on any agreement without seeing it's terms, the rights of the parties to terminate it and any penalties or monies that might be owing due to those terms.

Have you sent an SAR to Talk Talk to see whether the Claimant can even get an agreement if they don't have one?

[MIKE770]

Subject Access Request Letter no charge get proof posting and keep copy on file no charge

[FRANKIETEL]

It is often a standard reply of the debt purchasers that they do not have to provide a credit agreement as the debt is not covered by the Consumer Credit Act 1974 whether you ask for a CCA or just the agreement.

I usually suggest writing back something along the lines of:



Have you sent an SAR to Talk Talk to see whether the Claimant can even get an agreement if they don't have one?

i really appreciat that heres hoping i get a reply,

[FRANKIETEL]

Subject Access Request Letter no charge get proof posting and keep copy on file no charge

thats great mike thankyou ver much