Hi conmankiller, I got the confirmation from royalmail that my letter to the DCA for the copy of credit agreement has been delivered. I couldn't find it on the royalmail website. So I called the royalmail customer care and they have sent me an email confirmation along with the signature of the receiver.

Earlier, I meant to ask you if I need to send another letter of request for the copy of credit agreement, in case royal mail cannot confirm it's delivery. But now it's been resolved. So I will wait for the 12 working days to finish and post back to you here. Thank you for all the help and concern.

Do I need to request for one more CCA using recorded delivery? Please advise.

Slightly confused, please clarify. ?

Hi conmankiller, I will not call them. I have the recorded delivery slip with the barcode. But surprisingly royalmail website is not giving any info for this barcode / item! Just now, I have checked the website. I have posted this more than a week ago. Do I need to request for one more CCA using recorded delivery? Please advise. Thank you.

TAF --- Do nothing, absolutely nothing never speak to them on the phone ALL in writing......they nearly always try that to get you to agree or admit to something that will not be in your interests, give it till Monday as above, if no written response is forthcoming post back.

I presume you still have the recorded delivery proof of postage slip, check online to see what day they signed for receipt of your CCA on the Royal mail website.

Hi conmankiller, the DCA have sent a letter asking me to phone them to discuss about the issues that I have raised in my letter. But they didn't say anything about my request for CCA. What shall I do now?

TAF -- I hadn't realised you sent a CCA to the new DCA, hang fire just yet and give them until Monday to supply the request or an explanation, if no response is forthcoming by this coming Monday then post back either way.

Thank you Conmankiller for the reply. But I have already sent one more CCA request with 1£ postal order (by recorded delivery) to the new DCA and they are not mentioning about my request in their correspondence. It's been about 10 days since I have sent the CCA request. Do I need to send the CCA request once again? Please advise.

Hi -- Don't worry about the lies, this goes hand in hand with their unscrupulous methods of confusion and intimidation -- Forget the past promises and lies, otherwise it will distract your attention from what action is now necessary. !

Start afresh by sending a CCA request by Recorded delivery enclosing the £1 postal order to the new DCA, if they have not responded in 14 days from postage, then post back and there will be a copy of the follow on letter made available for you to send.

In the meantime whilst this DCA is attempting to comply with your request, there is no enforcement action that can be taken against you, this especially includes ruling out any bankruptcy proceedings or court action without a valid CCA, that is simply intimidation and intended to make you worry and pay. If they fail to comply with your request then this alleged debt is no longer legally enforceable and they will have to either send a letter of explanation that the matter is considered closed, or an explanation that they are trying to comply, if they cannot send a valid CCA in the permitted 14 days.

................................................ .................................................

Your name address & date.

Dear Sir / Madam,

Re:− Your Account ref no.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date) , I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.


Yours faithfully (Print name)

Hi I have a loan dispute with a bank and I have asked them to send the CCA in 2005. They have agreed for a full and final settlement. but when I mentioned that I couldn't pay the amount until they supply me the CCA, they stopped all communication then. Now recently another debt collection agency has started chasing the loan. I complained the original bank about their default status and asked them to close the account or else I would be complaining to the Financial Ombudsman. The Bank came back to me and was telling that they have sent me the CCA in 2005. They are basically lying about sending the CCA. I have sent a request for CCA to the new debt collector as well. but they are not talking about it. They are sending letters saying that they would start the bankruptcy proceedings. I have sent one more letter saying that they cannot chase this as the original bank was in default of sending the CCA. But now the bank has openly lied about sending it. In fact, they haven't sent it till today.

What are my options now? Ideally i would like to close this forever. But I cannot pay the full amount they are demanding. It is clear to me that they are not having the CCA with them. Can they start bankruptcy proceedings or take me to court without supplying me or the court with the credit agreement? Even if we consider that they have supplied it in 2005, can I ask the bank or the new debt collector for a copy of agreement once again? And are they obliged to supply it? What can I do about the bank's lie? Can I still report it to the financial ombudsman? I have the proof of couple of letters that I have sent to the bank telling them that I was still waiting for the CCA (after their alleged date of supplying the CCA to me)

Also there is no evidence of this loan in any of the 3 credit report files!

Please help me. Thanks in advance.