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no their problem = letter arrived but cannot put CCA in it? heard it all now, what kindergarten are they in and regulators (non) allow such companies??
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I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username. -
if they can send you a letter to ask you to "log IN" then they could send you the CCA. If not they should say they will send when able to.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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*AddendumOriginally posted by Strepsi View Post
I have to reply by the 20th June. Not sure how to proceed?Comment
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Well I should sit down with a good book say WAR and PEACE take you about what 6 years to read that until they send you by Post a EN CCA which by CCA74 they are bound by Law to do.Originally posted by Strepsi View Post
The CCA way is NO emails, sms, phone calls, and certainly NOT loginin to their web site by using your reference Id ?
(They pick up that web site activity and its you acknowledging the debt and restarting the Status Barred Clock! )
They are in default of your CCA Request (plus £1 which they admit receiving when they sent it back!)
Read WAR and PEACE!
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I am not convinced logging into a website acknowledges the debt so I wouldn’t worry about that.
I think the still need to provide the documents .
I think when Roger says the CCA way, he may have had one sherry too many and intended to say the AAD way. I tend to agree with that, partly because if you email, they email back wanting to know age, DOB, inside leg measurement etc.
I tend to agree with NW
If you absolutely felt you needed the last letter in the chain, write back saying you will wait until they can provide details by postComment
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No-one should have to log into a website in order to get the CCA they have requested. Supposing you don't have email, smart phone, PC. Even if only one person in the country doesn't, it's still an important issue.
Cabot are another outfit that think all their "customers" should login to "their" online "account". Rubbish. Whether it restarts the SB clock or not, doesn't matter, just don't do it. It might be an idea to add a line to the CCA request template advising that the reply must be sent by post as no other means of communication can be guaranteed.
If it is an actual legal requirement that they should send it by post then all that need be done is to remind them of this obligation in the template.
The possible danger is that by behaving like this the creditor might be preventing the individual the possibility of having the CCA declared UE by Niddy. It is important to know if the agreement is UE and nothing should be allowed to stand in the way of that.Comment
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No. CCA no enforcementI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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If you sign in on that website - with a reference to your ACCOUNT with them - then this is recorded. Else why would you go to their website?Originally posted by MisterK View Post
One thing to visit and snoop another to log on!
This remains UE until they send you (and the onerous I suggest is on them to send it to you! as a Consumer Right under the Law) a CCA.Comment
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Cheers for all the replies.Originally posted by Roger View Post
It is a really small amount (450ish) relatively speaking. Too small for any Jo Connolly defense.
Santander have never sold it, the solicitor is chasing on their behalf.
I envisage that their next step would be to send a LBC.
Should I send a letter asking/saying that as they aren't sending it is deemed unenforceable. They then send a LBC as I am sure they would still be able to...
Not really sure what to do as the vast majority of my/our debts are in the JC territory of assistance.Comment
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This was my thinking in my early days before coming to AAD. Wanted to sort things out get them settled out of the way.Originally posted by Strepsi View Post
But let them do the worrying. Silence really is the best stance here.
Wait and see what happens next! They know, have admitted that they haven't sent you the CCA!
Why send you a LBC and NOT send you a CCA?
File and wait and see what they send next.Comment
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Can I just add, that the amount is not the issue here, if they can not provide what they are legally required to do then it’s a legal law thing, the amount only comes relevant if they provide documents that meet with the requirement of the law, not only that the law requires more than a CCA then they have more worries than you. So sit back relax and wait for their move, as Diana explained to me, it’s a real world poker game, let them flinch first.Comment
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Originally posted by Strepsi View Post
Says who?
Is this a Letter of Claim?
If not then hold your horses.
DiComment
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Originally posted by Strepsi View Post
Nothing's changed
Let me know if/when DrydensFairfax send you a Letter of Claim.
There's nothing you need to do at this stage, and the potential for anything that you say or do could compromise your legal position.
Di
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Hi Di,Originally posted by Diana Mayhew View Post
Addendum to the original post around this debt.
9th March 2020, 18:53
Originally posted by Strepsi View Post received my SAR from Santander as requested to Santander.
The cover letter read as follows
"Further to your recent request... historical information can only be retained if there is legitimate reason for doing so. Therefore, some of the original account records may have been destroyed in line with our retention policy" (Can they do this?)
I do hope so
Because it they have destroyed some of your original account records, then any subsequent debt purchaser won't be able to get hold of them either.
Every cloud has a silver lining.
Di
Says who?
Is this a Letter of Claim?
If not then hold your horses.
Di
Not a LBC.
I had to reply a few days ago, I have re-read the letter. They have advised within the letter that after 30 days the documents will be deleted off the portal...Comment
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- Type of account Natwest (Mine)
- ?Date commenced 2013
- Approx balance 4000
- Date last paid Feb 2016
- Are you on arrangement or not paying?
- Status Defaulted Sep 2014
- Account owner Cabot Financial (Uk) Ltd
First form of any communication for years from Natwest. I am relieved that it is finally being sold.
Received letter in same envelope advising that debt has been sold to Cabot Financial UK Ltd. The letter makes it very clear that Cabot UK are the legal owners.
Just sit and wait I guess...Comment
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