Can I request CCA even if I have been paying?

[Worried2014]

Re: Can I request CCA even if I have been paying?

OK, I'm not sure what's going on but they seem to be refusing the information unless I can remember the email address that was connected to the account? Surely, I have a right to the data based on my name, address & dob. People forget email addresses constantly.

[Nibbler]

Re: Can I request CCA even if I have been paying?

Ask what other information you can provide to prove your identity to them.

Name address and dob could quite possibly be obtained by a 3rd party.

If they are working on the same sort of DPA release criteria as a SAR, see the "confirming the requester's identity" section here: http://ico.org.uk/for_organisations/...f-practice.PDF

[Worried2014]

Re: Can I request CCA even if I have been paying?

Thanks Nibbler. I have given them what may be the right email and I'm awaiting a reply. I have saved the SAR file and will have a read through.

[Worried2014]

Re: Can I request CCA even if I have been paying?

Ok, after all the security checks their reply was...its been handed over to DCA so contact them. Do I have a right to demand statements for the last five yrs?

[Nibbler]

Re: Can I request CCA even if I have been paying?

A statement of account under the CCA is not the same thing as a full set of back statements. If you want those then you will need to do a full SAR to the original creditor - making sure you specify you want all statements/transactions.

The original creditor can't pass the buck to the DCA on that.

[Worried2014]

Re: Can I request CCA even if I have been paying?

Ok thanks nibbler, I will send an SAR.

[Worried2014]

Re: Can I request CCA even if I have been paying?

Hi again, how can I find out who to send the SAR to and how much it costs. The OC are refusing to give me the details I need to send an SAR, they just repeated contact the DCA

[Worried2014]

Re: Can I request CCA even if I have been paying?

I've found the info on their website. Still can't believe they refused to give out the info for SAR

[Worried2014]

Re: Can I request CCA even if I have been paying?

Just thought I would post an update. The CCA was received on 18th September, I have saved a copy of the signature, so awaiting a response. Is it 10 days they have to respond? I have stopped paying the OC and moved payments to the DCA as the OC confirmed via email that I should be dealing with the DCA .
I sent the SAR on the 19th September and have no proof or signature, I have no idea why as awaiting response from post office. However, they responded via letter on 29th September confirming they are gathering all the data. Does this mean I should give 40 days from 29th September?

I now have an issue with another DCA, who took over a small debt in April. They said they were happy to allow me to continue with current payment plan and in June said that they had been receiving payments and I should stop all contact with door stop collectors. I have never paid via doorstop collector. Now out of the blue they say they didn't receive my payment last month, so I double checked and wrote to confirm it was paid. Today, 8 days after I sent my letter (not tracked) they say they have tried hard to contact me (1 letter, no phone messages) and my account is still outstanding. I have paid another instalment since I sent my letter and have double/triple checked the payment details and they have left my account. Do you think they are just trying it on? Trying to force me to call them...I refuse to call and will only contact via letter.

Thanks for any advice.

[FlamingParrot]

Re: Can I request CCA even if I have been paying?

Just thought I would post an update. The CCA was received on 18th September, I have saved a copy of the signature, so awaiting a response. Is it 10 days they have to respond? I have stopped paying the OC and moved payments to the DCA as the OC confirmed via email that I should be dealing with the DCA .

12 working days + 2 allowed for service. But hardly anyone responds within this timeframe.

I sent the SAR on the 19th September and have no proof or signature, I have no idea why as awaiting response from post office. However, they responded via letter on 29th September confirming they are gathering all the data. Does this mean I should give 40 days from 29th September?

Pretty much, yes. The ICO will tell you to allow a few extra days before complaining.

I now have an issue with another DCA, who took over a small debt in April. They said they were happy to allow me to continue with current payment plan and in June said that they had been receiving payments and I should stop all contact with door stop collectors. I have never paid via doorstop collector. Now out of the blue they say they didn't receive my payment last month, so I double checked and wrote to confirm it was paid. Today, 8 days after I sent my letter (not tracked) they say they have tried hard to contact me (1 letter, no phone messages) and my account is still outstanding. I have paid another instalment since I sent my letter and have double/triple checked the payment details and they have left my account. Do you think they are just trying it on? Trying to force me to call them...I refuse to call and will only contact via letter.

You are doing the right thing by refusing telephone contact. :thumb:

Why not just take a copy of your statements showing the payment going out and send it to them? They can't argue with that! :grin:

[Worried2014]

Re: Can I request CCA even if I have been paying?

Thanks FlamingParrot I will wait patiently for the cca and sar to come through.

As for the others I will send them another letter with the proof of payments. Can't help but think these DCAs work together as there was no problem until I sent the CCA request.

Thanks again :-)

[Worried2014]

Re: Can I request CCA even if I have been paying?

I received a response about my CCA. The DCA have contacted the OC who are still trying to retrieve it from their achive. I believe they have 2 days before they're in breach. Do I send another letter in 2 days?
They have also said that when they retrieve it they will request I pay in full. I am still paying installments, will I not be able to continue with the current agreement if they supply the CCA?
I am still waiting for the SAR as I still believe their total is around £400-500 higher than I believe it should be and I never received information concerning any interest etc increasing the debt.

[Worried2014]

Re: Can I request CCA even if I have been paying?

The second DCA is playing games. I got a letter saying they have now received payment but total has not reduced. I got another 2 letters today one suggesting I have just set up a new payment schedule (paid the same since 2010 and DCA took over in april or may). They other letter confirms the payment schedule and says it will be reviewed in march and can I fill in a financial statement. I have read a few things on the forums but was wondering do I have to send them the form? If so I will wait until they have confirmed the total.

thanks

[Worried2014]

Re: Can I request CCA even if I have been paying?

Hi,

I finally got my SAR back, don't think its worth the £10 fee and they didn't pay the postage so I had to pay again to get the info.

They have only sent statements (hard to read) no t&c's or anything. Gone back 6yrs but nothing between 2012-2014 when I was paying. What do I do now? The OC seem insistent not to talk to me and the DCA is awaiting the agreement and have said they won't contact me until it found.

I know there are payments that have not been taken off the total, I'm still paying but know it should be less than they say.

thanks for any help

[Nibbler]

Re: Can I request CCA even if I have been paying?

See the section here http://www.legalbeagles.info/forums/...ection-Act-%29

headed "What can I do if I believe the organisation has not sent me all the information I am entitled to?"