CCA request Info

by Winnie Tue Nov 20, 2018 5:58 pm

twisted:

THIS SITE IS NOT WHAT YOU THINK Twisted Evil

by waylander62 Tue Nov 20, 2018 6:29 pm

i think under the post office act it is 2 working days, but 3 days is acceptable

to remain in honour give them 12 days from the date they received it and maybe an extra day or 2, looks good on your part.

by Winnie Tue Nov 20, 2018 6:36 pm

Thanks

also working days?

by waylander62 Tue Nov 20, 2018 7:05 pm

regulation2 sets out

12 working days from receipt of request

by handle Tue Nov 20, 2018 11:26 pm

the 12 day thing is toothless. It just means they can't enforce until they comply, which could take ages.

The other thing with CCA requests is that you can only do it after litigation, and if there is litigation they don't need to respond to requests to things they have not mentioned.

eg. If you request the default notice, and their claim simply says default, they dont need to send the default notice.

by waylander62 Wed Nov 21, 2018 12:08 am

handle wrote:the 12 day thing is toothless. It just means they can't enforce until they comply, which could take ages.

The other thing with CCA requests is that you can only do it after litigation, and if there is litigation they don't need to respond to requests to things they have not mentioned.

eg. If you request the default notice, and their claim simply says default, they dont need to send the default notice.

you are in essence correct, however the new pre action rules allow you to request any documents that the claimant will rely upon should they issue a claim, therefore under a CCA agreement that would include any document the CCA states must be sent to the debtor, which is agreement, default notice statements etc.

they cant then cut the particulars short to stop you requesting documents such as the default notice.

worth knowing as too many people dont know how to respond to the pre action letter they receive.

by Winnie Thu Nov 22, 2018 10:45 am

Thanks all for your help:)

by handle Thu Nov 22, 2018 2:37 pm

Waylander, thanks...very interesting.
When did the pre action protocol come into effect . ie when was it compulsory for creditors to abide by.

and , if so, what about claims started BEFORE the compulsory abidance date and are currently still stayed.

by waylander62 Thu Nov 22, 2018 3:54 pm

it came into play in october of last year i am sure

claims started before the compulsory date would be bound by any rules that were in place at the time, i must admit i am not sure what they were now.

if a claim is stayed it will remain stayed until either party applies to lift the stay DCA's often apply to lift the stay without informing the debtor and before the debtor knows it the court has lifted the stay and the claim is off and running again, the debtor should be given the opportunity to defend against the lifting of the stay but often arn't and dont know how to then continue.

by Winnie Thu Nov 22, 2018 6:07 pm

Today Lowell sent me a letter saying they are stilling trying to get the CCA from the OC but at this time cant take any legal action , But please call us and pay YA RIGHT OK:) I will call them right now!!! Shocked

I sent the CCA request on the 7th Nov 2018

As they are still trying to get it from the OC, after the 12 workings days, Should i do any thing?

Thanks

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