HBOS DCA Can't find/obtain CCA

[lionman]

Hi guys

To cut a long story short, over 5 years ago we got in a mess and went into a DMP. It is only recently we are really sorting everything out, all the DCA in the plan will all be well in profit as 5 years has gone by and they all probably brought the debts for 10p in the £1.

Anyway, we have recently started to get ontop of all this and we have no information on any of them so we have been doing SAR's and CCA requests. One DCA for HBOS have gone well over the CCA request time and they just keep writing to us stating they can not find a CCA and they keep asking the company they brought the debt from (HBOS) and will let us know if they hear anything, had this letter a few times over the last month and they are about 40+ days over the original 12 days.

They said the account is on hold until then, but what should we do is there anything etc we can do?. We want to get rid of all of these and not have something on-hold as they might produce a CCA in a couple of years or something (not sure if they can do that).

They will be in profit as they have received 5 years worth of payments, should I just ask advise them this is not enforceable, they have received plenty and we will not take any action against them for collecting an unenforceable debt for over 5 years if they consider this amount settled now?. (just an idea)

Cheers

[lionman]

Re: HBOS DCA Can't find/obtain CCA

Should I send them this now?, just checked and its been nearly 60 days of requesting a CCA:

ACCOUNT IN DISPUTE

Date:

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**
You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown[IMG]file:///C:/Users/Office/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/IMG] of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest[IMG]file:///C:/Users/Office/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/IMG] or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.


I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

[Captain Haddock]

Re: HBOS DCA Can't find/obtain CCA

Did you get this sorted?

It's been 3 years since I went down that route. One DCA gave up right away, saying they could not find the T&Cs. HBOS did supply everything, albeit outside the alloted time span and I put the payments on hold. When the CCA docs did arrive, only two were correct and my wife and I continued to pay those; the others were halted right away.

This prompted a barrage of mail from HBOS, who eventually passed the unenforcable detbs to some very silly people indeed. Since then, the frequency of letters have fallen away to almost nothing.

I hope you got some satisfaction, one way or another.