Redoute cant locate CCA

[jet set willy]

Hi all, this is just a quickie for the OH (Mrs JetSetWilly) in search of some advice.
She was paying verbuadet an amount monthly trying to catch up with her arrears but was struggling with the amount they wanted (50 quid a month). She phoned to try and reduce it but no way pedro they said.
So after a threatogram from Droyds debt collection i sent them a CCA request. The cheeky monkeys used the pound to come off the balance and sent her a letter confirming this. Needless to say i was bloody angry so got her on the phone (i know i know, but i was feeling particularly feisty) and she gave them permission to speak to me.

Asked what the hell they were playing at and after being promised they would send me a copy the conversation ended.

Roll on today and a letter arrives saying they cannot locate the agreement but here is a copy of something similar she would have signed.

So now i have stopped laughing at the muppets i need to know does the account now need to be put into dispute? She was more than happy to try to pay this off but they were hell bent on trying to squeeze her dry so we have been forced into this position.

Thanks in advance

[Deepie]

Re: Redoute cant locate CCA

CCA Query - Copy Document Received
Try sending this

[caspar]

Re: Redoute cant locate CCA

No need to put it in dispute - they've done that by not responding correctly!

[jet set willy]

Re: Redoute cant locate CCA

Thanks for that, i was just wondering if i needed to confirm anything in writing. Cheers folks, much appreciated

[jet set willy]

Re: Redoute cant locate CCA

Hi folks, bit of an update and could really do with some advice.

OH has recieved this letter today which comes a few days after admission they cant find CCA. This letter says court proceedings WILL commence after seven days.

Now the question is, shouldnt the account have received a default notice prior to any court proceedings? OH hasnt had one and has checked online and the account is still live. Her last payment of any sort was in march which was under arrangement (apart from them initially using her cca money to come off the balance.)

So should we be sending back a copy of the letter saying they cant locate the agreement and in the meantime whilst they are looking for it to get lost?

I have included the letter here for people to look at, hope that is okay. Seven days isnt long :-( and OH is panicking!

[Deepie]

Re: Redoute cant locate CCA

Is this pre 2007 ?

They can't do this with no default notice
To be on safe side send
Threat by Creditor - To Commence Litigation
send it special to guantee to arrive by tomorrow cost you a few pound more

[Never-In-Doubt]

Re: Redoute cant locate CCA

What's the balance?

Send the template above as suggested by in2deep! The legal threat one. As an aside in2deep now looks after the UE threads for us. He knows his stuff so try trusting his judgment

They CANNOT enforce this so worry not

[SaltnVinegar]

Re: Redoute cant locate CCA

Hi JSW

The letter also states that they are 'In the process of preparing court documents'

This could mean absolutely nothing and be another DCA threat-o-gram

I appreciate that they state if you do not respond in 7 days Court Proceedings may commence but that could be ballhooks too.

You should also consider sending a SAR (subject access request) to see if a DN was issued. If not then any court action will easily be defended.

Do you also know if Droyds have full assignment of the debt? If not then they cannot start legal action against you on their own anyway!

If you don't know what type of assignment Droyds have for this debt then you should send them a letter asking if they have either Legal/Equitable Assignment or Absolute Assignment for the debt. Also remind them of their obligations under the CUPTR Regulations 2008 in providing you with a response.

You should also write a letter of complaint as your £1 should NOT have been used to reduce the balance of the debt. You should complain to the OFT and the ICO and Trading Standards.

The fact that they have sent you a letter confirming this means you have them by the short and curlies so don't let go and you'll have them scurrying back under the rock they crawled from in very short order and hopefully with a fine from the OFT to boot.

Best

SnV

[jet set willy]

Re: Redoute cant locate CCA

Hi, thanks to all of you. Answers as best i can:

Yes its is pre 2007, from 2005. Was verbaudet, now redoute. think Droyds are inhouse agents.
the balance is just over 800 quid.
Dont think it has been sold as they still use 'client' on their letter.

I have seen lots of letters saying 'may' do this or 'might' do that but this one concerned me due to the use of 'will'.

So i will send the letter advised. Can i ask though, should i ammend letter to point out that it is admitted no cca is available and enclose a copy of the letter from the OC confirming this. I am sure most of this is common sense but i want to be sure i dont make a squidgy mess of this :-P
Other than that and adding our own account numbers etc, should it stay the same?

So grateful, thanks!

[Deepie]

Re: Redoute cant locate CCA

Won't do any harm

[SaltnVinegar]

Re: Redoute cant locate CCA

Send the letter, so then they will have 'heard' from you in 7 days too.............

If you have a letter from them admitting they have no CCA then they don't really have a leg to stand on........!

[Never-In-Doubt]

Re: Redoute cant locate CCA

In fact based on the fact they admitted no cca - plus it's £800 - plus they're a bunch of muppets; just send the legal threat recorded (orange sticker) as they ain't gonna get far with this.

That letter is another scare tactic, however as mentioned stop stressing and send the above template. It's £800 - no need for SAR/Court/etc - it'll not be worth it.

[jet set willy]

Re: Redoute cant locate CCA

Thanks guys, very very grateful. i have amended the letter, included the points that the OC cant locate the original (plus photocopied the letter for them) and that they have also used the pound to reduce the balance instead of fulfilling their legal obligations.

Sending this afternoon. Missus is now calm with a cup of tea in hand lol.

[SaltnVinegar]

Re: Redoute cant locate CCA

plus they're a bunch of muppets;

Thats rather harsh on Kermit and Co don't ya think?

[SaltnVinegar]

Re: Redoute cant locate CCA

Thanks guys, very very grateful. i have amended the letter, included the points that the OC cant locate the original (plus photocopied the letter for them) and that they have also used the pound to reduce the balance instead of fulfilling their legal obligations.

Sending this afternoon. Missus is now calm with a cup of tea in hand lol.

Nice

Don't forget to complain to the OFT and the ICO too for using that £1 to reduce the balance. Its a big no no and may get them a fine.

If the OFT slap a £500 fine on them for an £800 debt it'll sting that little bit more

SnV