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44 days to comply with a CCA. Is this acceptable?

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  • 44 days to comply with a CCA. Is this acceptable?

    how long does a DCA have after they fail to comply with a CCA after 14 days? Received a recon agreement on day 46 but no further info requested on CCA ie:

    a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

    b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with HFC Bank Ltd.

    c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

    d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

    e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

    f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

    g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

    h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

    i. Copies of statements for the entire duration of the credit agreement.

    3. I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

    For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.

    Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

    4. Any other documents you seek to rely on in court.

    no response to CPR either. Is this acceptable?
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  • #2
    Re: 44 days to comply with a CCA. Is this acceptable?

    It used to be a criminal offence under s77-79 to not produce within 12 days. It isn't any more. There is no penalty for producing whenever they feel like it. It's up to you if you want to take a gamble that they don't have it and stop paying.


    As for the other stuff i assume you mean a subject access request ? 40 days but you need the ICO or a court to force compliance. Both are slow.



    Cpr - No it isn't. You either live with it or apply to the court to force compliance.

    M1

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    SHORTCUTS


    First Steps
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    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



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