DCA Just sent a copy of t & c's for CCA request? Thoughts please!

[The Tinkerman]

Hi All anyone got a take on this for a friend of mine please whom unfortunately
does not have access to the internet.

She has been making a token payment for the past 9 years to this DCA
but recently sent a CCA request off to them as she was 100% sure she
had PPI on this loan.

At first she received a reply stating that they have not got a copy and
although they MAY not be able to pursue this debt through the courts
they will still pursue the debt so to speak.

She then sent a dispute letter to them and stopped the payments but now
they have sent a letter back which states "further to your request for a copy
of your agreement we now enclose that document for your immediate attention?

we need to hear from you with your proposals for settlement of your account which is long overdue , within 10 days"
and all that she has received is a piece of paper with a copy of some t & c's on it and no heading as to what
company these t & c's belong to, (could belong to anyone for all we know)

Question being are they chancing their arm with this reconstituted business and this Carey case I have heard of,
and if they do go down the Court route without a copy of the original CCA how will she ascertain the info regarding
the PPI as by now I would imagine the PPI is worth more than the outstanding debt.

Any thoughts please.

[Amethyst]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

She needs to do a full Subject Access Request under the Data Protection Act asking for all her info they hold on her, I'd be inclined to do this to the original creditor tbh, and stick with making her payments to the DCA for now to stave any further problems off, while she waits for that then looks at reclaiming PPI if she had it and any unfair charges.

Can't really comment on the T&C without seeing them or know which creditor/dca we're talking about.

[The Tinkerman]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

The creditor is Citi bank, whom I think bought out the OC Avco Trust and the DCA is Robbersway.

Thing if she does ask for a SAR from the OC the DCA have already stated that they cannot get hold of a copy of the Original CCA due to the length of time, so how would she prove she had PPI and on the other hand If they took her to court without the Original CCA how would they prove that she had not got PPI.

Ive been looking at the MBNA v Thorius case were it states MBNA were also held unable to recover the debt because they could not provide a copy of the original signed loan agreement which the court held to be a requirement of the CCA.

Just wondering then how she or the court found out about the PPI in that case
or maybe I have missed something.

[Angry Cat]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Who was the original creditor?

A 'subject access request' (SAR) needs to be made to same and;
to the Payment Protection Insurance (PPI) provider.

Re: the reconstituted copy of the credit agreement, they would also have to provide to you, the
inception terms and conditons, the terms as varied and any other "document" referred to in it; the credit agreement...
the PPI documentation appears to be most relevant, in this case.

[Angry Cat]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Robinson Way...AC, rolls eyes and shakes head...

[The Tinkerman]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

OC was Avco Trust but think bought out by Citi Bank about 6/7 years ago.

[The Tinkerman]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

I take it from your comment AC this DCA is not the sharpest of tools:tinysmile_grin_t:

[The Tinkerman]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

So basically would imagine Citi bank have diddley squat as regards SAR as OC don't exist anymore.

[The Tinkerman]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

said she use to have document appertaining to PPI, she will have a look for it in the morning
If she does find it what then, as she dose not want to claim anything back she just wants the balance removed if possible.

Dose she then just hold onto it and see what their next move is?

[Angry Cat]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Avco Trust & Citi...

[Angry Cat]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Please, keep the PPI documents in a very safe place!

The alleged debt has clearly been securitized through Avco Trust and;
is now rolling around in, limbo...cue: RW.

[Emphasis]: caution re: making any acknowledgement whatsoever re: the alleged debt, via payment or word.

[Angry Cat]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

Company Details




Name & Registered Office:
AVCO TRUST
CITIGROUP CENTRE
CANADA SQUARE CANARY WHARF
LONDON
E14 5LB
Company No. 00721502


Status: Active
Date of Incorporation: 13/04/1962

Country of Origin: United Kingdom
Company Type: Private Unlimited Company
Nature of Business (SIC(03)):
6523 - Other financial intermediation
Accounting Reference Date: 31/12
Last Accounts Made Up To: 31/12/2009 (FULL)
Next Accounts Due:
Last Return Made Up To: 30/11/2009
Next Return Due: 28/12/2010 Highlighted documents are not yet available for inspection
Last Members List: 30/11/2009
Previous Names:Date of changePrevious Name31/12/1980RED DRAGON SECURITIES LIMITED

[Angry Cat]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

CCA Search :: CCA Search Results :: Licence Details


Application / Licence Details




Licence Number:0079310
Licence Status:Current

Current Applicant / Licensee:

Business NameCompany Registration NumberCitifinancial Europe Plc1375237

Licence Notes:

EvtStageOpen DateNotes132Requirement Obtained23/04/2009

Categories:

Consumer credit Consumer hire Credit brokerage Provision of debt-adjusting on a commercial basis Provision of debt-counselling on a commercial basis

Right To Canvass Off Trade Premises:No


Trading Name(s) (Current):

Associates Capital Corporation Associates Direct Loans Associates Direct Mortgages Associates Neon Avco Avco Direct Avco Portfolio Avco Premium Provider Avco Trust C.C.R.S. Capital Collection Agencies CEF Citi Citi Cards Citi Loans Citi/advantage/Visa Gold Card Citibank Citicards Citifinancial Commercial & Equipment Finance Courtway Collection Services Creditplus Everyday Finance First Affinity Money Management Services Neon Neon Associates The Associates The Associates Financial Services The Associates-Your High Street House Of Finance The Personal Loan Specialists Ultima

Trading Name(s) (Historic):

Avco Fortfolio Citybank Audi BMI Baby Bmi Baby.Com Avco Cars Audi Card bmibaby.com Shell Mastercard Easy Jet Mastercard Bmi Baby Credit Card

Issued Date: 24-Oct-1978
Date Maintenance Payment Due: 04-Sep-2014


Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

NamePositionGerard Jude Ryan Jon Christopher Wiggins Simon James Cumming

Historic Individuals that run the organisation:

NamePositionAndrew Martin GaulterOFFICERDaniel Martin MaloneOFFICERGeoffery John GearyOFFICERGeorge Jeffrey MeilerOFFICERGerard Jude Ryan Henricus Lambertus Pijls Ian David Kerr Jo BenedettoOFFICERMichael LenoraOFFICERMr Allan Henry Phillips SilvermanOFFICERMr Alun Charles BraithwaiteOFFICERMr Anthony Ian MorseOFFICERMr Bobby Daniel SessomsOFFICERMr Derek Andrew PorterOFFICERMr Desmond Guy StylesOFFICERMr Frederick Brian BarnesOFFICERMr George Cone EvansOFFICERMr Harold Douglas MarshallOFFICERMr John CampbellOFFICERMr John Douglas KinesOFFICERMr John Edgar GodfreyOFFICERMr John Hubert WinterOFFICERMr John Peter RolandOFFICERMr Lars Ake PattersonOFFICERMr Matthew Lee HollingsworthOFFICERMr Michael CroninOFFICERMr Michael John HallOFFICERMr Michael Wynne ReynoldsOFFICERMr Peter George HiscockOFFICERMr Philip AwadOFFICERMr Robert F JudikinasOFFICERMr Ronald Anthony ZoldanOFFICERMr Stuart Ronald WestOFFICERMr Terence Ivan WilliamsOFFICERMr Wilfred HorieOFFICERMr William Alexander GallawayOFFICERMr. Keith William HughesOFFICERNandan MerOFFICERNicholas Mark Edward LyallOFFICERRobert EastonOFFICERSarvesh SarupOFFICERScott AndersonOFFICERSimon James Cumming Stuart BellOFFICERSurinder Pal SinghOFFICERSusan Gail Shakespeare Susan ShakespeareOFFICERTom JonesOFFICER

Nature of Business:

Banking services Credit Agreements/loans (not linked)

Current Address(es):

Address TypeAddressCorrespondence33, Canada Square, LONDON, E14 5LB, United KingdomPrincipal Place Of Business33, Canada Square, LONDON, E14 5LB, United KingdomRegistered Office33, Canada Square, LONDON, E14 5LB, United Kingdom

Historic Address(es):

Address TypeAddressCorrespondence11, Datchet Road, Windsor, Berkshire, SL4 1SWCorrespondenceAssociate House, 15 Bath Road, Slough, Berkshire, SL1 3USCorrespondenceCiti Group Centre, Canada Square, Canary Wharf, London, E14 5LB, United KingdomCorrespondenceSimon Cumming, Citigroup Centre, Canada Water, Canary Wharf, LONDON, E14 5LB, United KingdomPrincipal Place Of Business11, Datchet Road, Windsor, Berkshire, SL4 1SWPrincipal Place Of Business87, Castle Street, Reading, Berkshire, RG1 7DXPrincipal Place Of BusinessAssociates House 15, Bath Road, Slough, Berkshire, SL2 5XEPrincipal Place Of BusinessAssociates House P.O. Box 200, Windsor, Berkshire, SL4 1SWPrincipal Place Of BusinessAssociates House, 15 Bath Road, Slough, Berkshire, SL1 3USPrincipal Place Of BusinessAssociates House, 15 Bath Road, Slough, Berkshire, SL2 5XEPrincipal Place Of BusinessAssociates House, P.O. Box 200, Windsor, Berkshire, SL4 1SWPrincipal Place Of BusinessCape House, Exchange Road, Watford, Hertfordshire, WD1Principal Place Of BusinessCitigroup Centre, Canada Water, Canary Wharf, LONDON, E14 5LB, United KingdomRegistered Office11, Datchet Road, Windsor, Berkshire, SL4 1SWRegistered Office87, Castle Street, Reading, Berkshire, RG1 7DXRegistered OfficeAssociates House 15, Bath Road, Slough, Berkshire, SL2 5XERegistered OfficeAssociates House, 15 Bath Road, Slough, Berkshire, SL1 3USRegistered OfficeAssociates House, 15 Bath Road, Slough, Berkshire, SL2 5XERegistered OfficeAssociates House, P.O. Box 200, Windsor, Berkshire, SL4 1SWRegistered OfficeCitigroup Centre, Canada Water, Canary Wharf, LONDON, E14 5LB, United Kingdom

[Angry Cat]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

said she use to have document appertaining to PPI, she will have a look for it in the morning
If she does find it what then, as she dose not want to claim anything back she just wants the balance removed if possible.

Dose she then just hold onto it and see what their next move is?

Did Avco Trust explain the full cost of the PPI when you took out the loan?
Did you specifically ask Avco Trust for PPI?
Did Avco Trust make clear that PPI was optional?
Did Avco Trust ask you about your medical history?
Did Avco Trust ask you about any existing payment cover?
Did Avco Trust add PPI without your knowledge?
Do you think Avco Trust treated you fairly?
Did Avco Trust ask if you have any existing medical conditions?
Did Avco Trust ask if you were entitled to sick pay from your employer?
Did Avco Trust tell you you had to have PPI?
Did you have any other PPI cover when you took your loan out with Avco Trust?

[TUTTSI]

Re: DCA Just sent a copy of t & c's for CCA request? Thoughts please!

another to add to Angry Cats list - Are you self employed and would this policy have covered you if you were?