PKea v 8 DCAs

[Paule]

I am sending out 8 CCA requests to a varied range of DCAs to whom I am currently paying which includes the likes of Intrum Justita, CL Finance, Direct Legal, Robinson Way, Lewis Debt Recovery (part of CL), Allied International Credit and Wescot.
I will update on these as well as I go along
All leters were sent out on the 22nd June

[Happyolddog]

Good Luck Pkea,

I will follow your progress with interest and offer as much advice as I might be able to offer.

best wishes,
Hod..Liam..

[Paule]

This is the first response today from Hillesden Securities t/a Direct Legal & Collections.



I know this is for a mobile phone account which aren't covered by the CCA, but Point 2 is Incorrect, as they are chasing me for the debt so they have to have the details.
So in this case it goes both ways

[BAILIFFCHASER]

They are wrong on all counts. I had aproblem with 3g when i sent their clones a cca they automatically returned the case back and also sent me £1 back as well.

[Sapphire]

I am sending out 8 CCA requests to a varied range of DCAs to whom I am currently paying which includes the likes of Intrum Justita, CL Finance, Direct Legal, Robinson Way, Lewis Debt Recovery (part of CL), Allied International Credit and Wescot.
I will update on these as well as I go along
All leters were sent out on the 22nd June

Hiya, well it looks like you have it all in hand. Can I make just one small suggestion, and that is, start a separate thread for each of them. That way you can keep everything neat and tidy, you will be able to update etc as and when things happen, and we can keep an eye on it all for you.
Good luck with your quest, i'm sure it will all be fine and dandy

sapphire

[Paule]

Once i get responses from the various agencies i will start a thread for each one.

Paul

[Paule]

Ok Response From Lewis Debt Recovery re Comet Finance
They have supplied a CCA plus an extarct from the Deed of Assignment
The CCA matches what I have.

I will wait with interest for the other one from Lewis as that was for a Time card, which was just supplied to me via this agreement and wasnt signed or applied for either

[Paule]

Intrum Justitia have now given up

[Goldlady]

excellent news pkea - i have sent eight cca letters out myself in last three weeks - will start threads for each as they progress - so far only one reply to say 'give us more time we are looking'

[hellhasnofury]

excellent news pkea - i have sent eight cca letters out myself in last three weeks - will start threads for each as they progress - so far only one reply to say 'give us more time we are looking'

Hello

And hopefully they won't find them or they may try to pass of a pre-contractual application form at you to mis-lead you. which which be totally unenforcable

It makes my heart swell and my eyes water from smiling so much when they do this
They think they are so clever, but they are truely not

[Goldlady]

Five sorry we can't find it letters so far

[Paule]

Interesting dvelopment re Wescot

My WIFE received a letter back from them stating that the could only deal with this CCA request if their client had signed.

The point is that the CCA request was for MY account and was from and signed by ME.
The cheque was also returned.

What parts of the Data protection act have they breached by replying to my wife?

[BAILIFFCHASER]

Re: PKea v 8 DCAs

If your cheque has been returned then they are not bound. Pay the cheque into thier account by sending one of their paying in slips with the cheque to girobank bootle merseyside gir oaa and then copy them a letter saying now that the cheque has been cashed comply.

[Paule]

Re: PKea v 8 DCAs

Right Then..Took my eye off the ball on this one

Times up boys and Girls, gor those who are playing the 'Head in Sand' game.
I'm not, you dont leave me alone if I ignore you, so fairs fair et al.

So Off go the letters on Tuesday
.
.
DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

Ref: xxxx

I wrote to on 22nd June 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque (no xxxxxx) as the fee payable. This letter was delivered as you have acknowledged receipt of the payment and cashed the cheque.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 12th July 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 12st August 2007 this time limit .

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to the same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence. As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (12st July 2007)


Data Protection Act (Data Protection Act 1998

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

If you are unable to supply any information you are also required to return the £1.00 fee that was paid, as you have not provided the information for which the fee was levied.


Yours faithfully,

.