CAA request no response

[Twigs]

Hello, this is my first post, just found AAD. Apologies if I have posted incorrectly, still trying to find my way around.

I sent a letter requesting a copy of the original CAA on 10/04 and they have not responded (no proof of postage, apart from when the file was created on my desktop). It's the first and only time I've ever responded to their letters. Feels like they're up to something.

Just been reading a debt agency must send me an LBA before they can take action, and then I can request a CAA amongst others documents in the template response letter provided by AAD.

Does this mean I can relax now, whether they respond or not to my request, and wait and see if they send me an LBA? Or is that too late?

I'm also wondering if I can still respond and dispute the alleged debt at this point, when receiving an LBA? Rather than send the template letter that says I will be defending myself and request the docs.

I'd like to try and delay if I can, as the debt will be statute-barred next year.

I'm not hopeful with this one, it's a debt agency now, Capitol Resolve, but it was a Sainsbury's CC originally, so I imagine they will have all the correct paperwork and that it was all done as it should be. Gutting if so because they're charging me 6500 in interest plus the original debt of course.

Any thoughts or advice would be appreciated, thank you, Twigs

[Dottir]

When you sent the request did you say it was a request under s78 and include the £1fee?

are they bothering you at the moment?

[Roger]

Twigs

There is much more to CCA 74 than the S.78 request.
It will help you and AAD if you can set up your Diary and Debts in the AAD format

Type of account -
Date commenced -
Approx balance -
Date last paid -
Are you on arrangement or not paying -
Account owner

[Twigs]

Dottir thank you for your questions. No, they are not bothering me at the moment, not heard from them for over 2 months, and the only way they can bother me is in a letter. No I did not do it like you say, I simply requested it to see whether they have it, as I was under the impression it's unenforceable without the CAA, but I have just spoken to StepChange and they are saying that it's not necessary and that they could still start legal action if they have other evidence - this your understanding too? I'm in Scotland - so rules can be a bit different up here.

I'm thinking wait and see what they say next for now. Been told I can still apply for bankruptcy if I get served. Given it now seems unlikely I will be able to claim it's unenforceable without the CAA.

[Twigs]

Roger thank you for responding. Are you saying it's not possible to post a few questions here as people can't really respond without more info? Not sure why I need to do this diary if you can shed any light here. I will have a read on this later though, as I see there is a post.

[Twigs]

Roger OK think I get it now, the diary is the place for help with CAA

[Dottir]

Dottir thank you for your questions. No, they are not bothering me at the moment, not heard from them for over 2 months, and the only way they can bother me is in a letter. No I did not do it like you say, I simply requested it to see whether they have it, as I was under the impression it's unenforceable without the CAA, but I have just spoken to StepChange and they are saying that it's not necessary and that they could still start legal action if they have other evidence - this your understanding too? I'm in Scotland - so rules can be a bit different up here.

I'm thinking wait and see what they say next for now. Been told I can still apply for bankruptcy if I get served. Given it now seems unlikely I will be able to claim it's unenforceable without the CAA.

hi Twigs

it gets complicated , if the account was opened pre Apr 2007 they really do need the cca . If the account was opened after they would probably need a true copy but sometimes just statements will convince I judge you had the money etc

Now a S78 request is powerful but you need to do it right. If they can not comply the debt becomes unenforceable, however they only need to provide a true copy and no signatures. Carey v HSBC is the case

Of course there are other things, a compliant S87 default notice needs to have been served amongst other things.

If you get a LBA do NOT ignore it
If you get a claim form do not ignore it.

I suggest sending a s78 request with the fee now to the current owner.

Also think about sending a DSAR to the bank( Sainsbury)

Remember it is likely next year NatWest will take on all Sainsbury banking

[Roger]

Can't guess surmise or otherwise without knowledge.

It helps you and AAD if you can set up your Diary and Debts in the AAD format!

Please set out your Diary in the following format
This will enable AAD members to advise or otherwise

Type of account -
Date commenced -
Approx balance -
Date last paid -
Are you on arrangement or not paying -
Account owner

[Roger]

Roger OK think I get it now, the diary is the place for help with CAA

The AAD Diary format is a well proven framework rather than speculative guessing!
The CCA 1974 thats 50 years of changes isn't it! So help with what comes to mind.
Thats before considering Current Case Law etc..

So I can only repeat a time proven path that helps you and AAD
Your Diary and Debts in the AAD format!

Please set out your Diary in the following format
This will enable AAD members to advise or otherwise

Type of account -
Date commenced -
Approx balance -
Date last paid -
Are you on arrangement or not paying -
Account owner

[Twigs]

Thank you Dottir, found out today there's no such thing as an LBA in Scotland. Interesting to know about Natwest, may help hey. I will read into this S78 and post in the Diary next then, but it looks like what you are saying is, it is only enforceable if they have followed the correct procedures, have the CAA and all the right blurb is contained within it. Yeah sounds complicated, but also interesting.

I have done a DSAR to the Coop and Three mobile, was v useful, but with this one, all the info is on my credit report, so I don't think I need to.

[Roger]

hi Twigs

it gets complicated , if the account was opened pre Apr 2007 they really do need the cca . If the account was opened after they would probably need a true copy but sometimes just statements will convince I judge you had the money etc

Now a S78 request is powerful but you need to do it right. If they can not comply the debt becomes unenforceable, however they only need to provide a true copy and no signatures. Carey v HSBC is the case

Of course there are other things, a compliant S87 default notice needs to have been served amongst other things.

If you get a LBA do NOT ignore it
If you get a claim form do not ignore it.

I suggest sending a s78 request with the fee now to the current owner.

Also think about sending a DSAR to the bank( Sainsbury)

Remember it is likely next year NatWest will take on all Sainsbury banking

Dottir
Where is your Diary?
Very free with advice and opinions!

But Actually automatically sending a S.78 CCA with £1 is something which at one time was recommended BUT TACTICS have Changed.
Not only that but as I have pointed out the CCA 74 is now 50 years old with many changes over those 50 years!

The AAD Diary works
I strongly suggest that Twigs actually does nothing without first completing an AAD Diary
Correspondence at the phone, email , letter could actually be detrimental because SILENCE IS GOLDEN.

AAD Diary please!

[Still Waving]

I have done a DSAR to the Coop and Three mobile, was v useful, but with this one, all the info is on my credit report, so I don't think I need to.

The point of a DSAR is to find out whether the creditor is likely to be able to obtain from the original creditor all the relevant documentation required under CCA74 to be able to establish enforceability at court. I don't see how your credit report provides that - it can't.

[Twigs]

Oh. OK. V much still learning. Thanks Still Waving. Will start with the AAD Diary.

[Dottir]

Hi Twigs

As Roger points out the Consumer Credit Act is indeed 50 years old and has gone through many changes. The current legislation can be found here
https://www.legislation.gov.uk/ukpga/1974/39/section/78

However, the important part for us is S78(6) which says

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 this is what the FCA says about it https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

There used to be other really useful things in it about the way an agreement was created but many of these were removed although there are still some good points such as the need for a default notice but here it starts to get technical and to coin a phrase 'above my pay grade'.

[Roger]

Hi Twigs

As Roger points out the Consumer Credit Act is indeed 50 years old and has gone through many changes. The current legislation can be found here
https://www.legislation.gov.uk/ukpga/1974/39/section/78

However, the important part for us is S78(6) which says

And this is what the FCA says about it https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

There used to be other really useful things in it about the way an agreement was created but many of these were removed although there are still some good points such as the need for a default notice but here it starts to get technical and to coin a phrase 'above my pay grade'.

Roger
Pointed OUT WAS TACTICS HAVE CHANGED and automatically sending for the S.78 isn't always wise!
Beware of Barrack room Lawyers! We had a spate of these NOW BANNED