Smallpaws UE Diary

[PlanB]

Re: Smallpaws UE Diary

All you need to do is respond with a new CCA request. That is paramount right now. We need to establish what info they DO hold. Pointless sending an LBA response too. You need a CCA. ASAP

The previous CCA request was sent only four months ago. Is it too soon to send another? I know you can make as many requests as you like as long as 30 days have lapsed since the previous one but dlc have acknowledged the request and said that they don't have the documents so are seeking them from the OC.

I agree it would be pointless sending a LBA response letter - I was just checking whether the OP had actually received a LBA before suggesting what to send, if anything.

[Never-In-Doubt]

Re: Smallpaws UE Diary

The previous CCA request was sent only four months ago. Is it too soon to send another? I know you can make as many requests as you like as long as 30 days have lapsed but dlc have acknowledged the request and said that they don't have the documents so are seeking them from the OC.

I agree it would be pointless sending a LBA response letter - I was just checking whether the OP had actually received a LBA before suggesting what to send, if anything.

DLC are a nightmare when it comes to responding to CCA's. Personally, as they are still in default I would remind them of this and possibly respond with something like the below with a copy of the original CCA Request of Dec 2014....

Dear Sirs,

Ref: xxxxxxxx

I write with reference to previous correspondence, and in particular my lawful request for information made under s.78 of the Consumer Credit Act last year.

You have written back with excuse after excuse as to why you cannot comply with my request and yet your latest letter seems to ignore all the holding responses you've issued to date which not only leaves me extremely confused but also leaves me questioning why you've been saying for the last few months that you're looking into my query before just closing my query and commencing with your traditional threats.

Need I remind you of your obligations and the fact that whilst my request remains outstanding, you are forbidden from enforcement in line with s.78(6) and thus the provision of s.127(3) come into play. Section 78(1) clearly spells out what information must be provided in reply to my lawful request made in December 2014. A copy of this request is attached for your perusal and a response to this request is still anticipated.

Yours faithfully,



Sign Digitally

[Smallpaws]

Re: Smallpaws UE Diary

Hi
Thanks for all the advice above.

I have re-printed the CCA request and added a covering letter as above which I will send by reg post tomorrow. I will post their reply as soon as I get it.

[Smallpaws]

Re: Smallpaws UE Diary

DLC - ref Capital One
Another letter 30/04/15 - chasing up original docs.

Then I have had a new reply - 15/05/2015.

We confirm the enforcement letter was sent in error and they extend their sincere apologies. They have requested copies of my docs but they may be archived off-site by the original lender and therefor it takes time to locate them, a further request was made on 29/04/15 (which ties inwith the letter above).

[MrsD]

Re: Smallpaws UE Diary

that's fine for that one Smallpaws just sit tight and see what they come up with, some of mine have been searching for years for paperwork.......................

[Smallpaws]

Re: Smallpaws UE Diary

Hoist Portfolio Holding - ref Frasers

Letter dated 30/04/15 - the client has been unable to obtain further documents and they are in the process of refunding my £1.00 CCA request fee.

Does this mean that the debt is now unenforceable?
Smallpaws

[Smallpaws]

Re: Smallpaws UE Diary

Glad to know I am keeping someone busy scurrying round dark and dusty cupboards looking in vain

[Smallpaws]

Re: Smallpaws UE Diary

2015 06 11 - Further to correspondence... a copy of the original credit agreement is attached.
Whilst we may not enforce the agreement the monies remain outstanding.

They are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay remains intact.

The McGuffick v RBS clarified the interpretations of what is considered enforcement and if I want to view it is on the internet.

The demanding of payment is not considered enforcement and is merely a step taken prior to the commencement of proceedings therfeore my account remains with collections department for collection activity to commence.

[MrsD]

Re: Smallpaws UE Diary

what debt is this Smallpaws, good letter to have!

[Pixie]

Re: Smallpaws UE Diary

It seems strange that they've sent the agreement yet say they can't enforce it.

[Smallpaws]

Re: Smallpaws UE Diary

Hi This was DLC who had sent me a letter stating they would go for enforcement which Niddy sent me a suggested reply to. I did get an apology for that letter being sent in error but now this one seems to suggest I still have to pay them back - currently I am sending them £1.00 month.

[MrsD]

Re: Smallpaws UE Diary

so has Niddy seen the paperwork they sent, is this different from what they sent before?

[Smallpaws]

Re: Smallpaws UE Diary

Yes - should I scan it in? Basically it says that they cannot enforce the debt but the monies remain outstanding and they then quote McGuffick V RBS saying it clarifies the ruling on enforcement. My account stays with their collections team.

[Pixie]

Re: Smallpaws UE Diary

If it's different to what they've sent before then upload it here for Niddy to check.

[Smallpaws]

Re: Smallpaws UE Diary

Hi I hope I have done this right - there must be something wrong with my eyes as I found it really hard to read the pale blue colour. Old age duh! Think I need to stop the clock ticking before I go from here to ancient in one blink - does the Pixie dust cater for this?