dca refusing cca

[2011stresser]

hi there desperately need help. i cca credit security limited. they wrote back saying that current accounts are not covered by the caa.? my question now is how do i write to them asking for info from a current account also they cashed my postal order and did not return it and said nothing in the letter about returning it even though they are not willing to send the cca. thr account is for a current account i think but i actually do not remember if its overdraft or credit card so i genuinely need info on the account as i have so many debts i do not know what this one is for. also is there i letter i can send asking for the postal order back before my next step. pls help i am out of my mind with stress. the debt was from i think 2003 0r 2004

[postggj]

Re: dca refusing cca

is an overdraft linke to the current account

if so then the cca 1974 does apply but no just for a current account

when was the last payment made ref this account as its starting to smell

statute barred

[labman]

Re: dca refusing cca

When I was in your situation and found myself up to my eyebalss, not sure which debt was what or with with whom, I found the single most useful thing was to get a copy of my Credit Reference File. It will give you a clear picture of what you owe and where it is at the moment. Those you can't work out from the file, you can usually match to correspondence.

I think it's Equifax do a free 30 day trial, so you can get it free and just ensure you cancel your subscription.

Re the CCA, if it's a current account, the bank are right, it's not covered by the CCA; Overdrafts are partially covered and Credit Cards are fully covered.

[teaboy2]

Re: dca refusing cca

Regarding the £1 postal order you sent to them for the CCA request did you state in your request that it was not to be used as payment towards the debt. If so and they have cashed it then that is theft and possible fraud too as no doubt they may have cashed it in order to claim the statute barred clock is reset. You should write to them demanding the return of your £1 postal order that was a statutory fee for the CCA request as their cashing it is theft and may even consitute fraud if it was cashed in order to put themselves at a finanical advantage.

As for current accounts, well they are not covered by the CCA 1974 but an overdraft is a credit facility which would be covered as running credit. Also do not speak to these monkeys on the phone, do everything in writing only.

To get full details of the account you can send them a Subject access request under the data protection act 1998 see template below.

Data Protection Act 1998 Subject Access Request

Credit Card Agreement: ************


Dear Sir/MadamPlease supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. 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 ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency


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


4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).


5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.


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


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


8. 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.


9. Copies of statements for the entire duration of the credit agreement/s and or account/s.


10.Termination notices

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

sign your name but put crosses through it so it can't be 'lifted'

You should send this to the BANK itself as they will have all the account statements. If the last date of any money paid into the account was over 6 years ago (5 years if your in scotland) and you have not made any payments or written acknowlegement (admitting you owe the debt) of the debt since the last payment then it is statute barred and even if they used the £1 payment after a 6 year period of non payment, the account is still statute barred, as the clock can only be reset prior to a full 6 year period passing.

[labman]

Re: dca refusing cca

Taking a step back, have you actually sent them a 'Prove It' letter yet to ascertain they can collect the debt legally?