Already making payments

[100%WHU]

If I am already making payment to a debt agency, is there anything I can do, or knowing that I have acknowledged the debt, do I just have to grin and bear it?

[whats a mook?]

You're better off including some more details, but the fact that you are paying a DCA does not necessarily mean that you have acknowledged the debt.

Although I am in a similar situation to yourself, there are more people on here who should provide you with more professional advice.

[100%WHU]

Originally Posted by whats a mook?

You're better off including some more details, but the fact that you are paying a DCA does not necessarily mean that you have acknowledged the debt.

Although I am in a similar situation to yourself, there are more people on here who should provide you with more professional advice.

Thanks Mook, well one is for ECI, which is through an egg loan I am paying them £40 a mth, but have only ever had phone contact with them.

The other is through Aktiv Kapital for a loan with First National after buying a sofa from DFS, the debt with Aktiv Kapital is for charges to my account after it was paid up I am paying them £30/ mth

[falcon185]

Hi 100%WHU.

First off I would send off a CCA request to the DCA's. Find out eactly whats what. If they fail to supply you with a copy of the Credit agreement within 12 days ( allow +2 for post) they will be in default, you can then with-hold payments until such time as they provide a true copy.
Heres a copy of the letter you need to send: Dont forget to send the £1;00 statutory fee by cheque or postal order. Send everything recorded delivery so you have a paper trail.

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 a cheque/Postal order made out for a £1 for the statutory fee required for my CCA request and not to be used as part payment for any alleged debt.
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 a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

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 sincerely.

[whats a mook?]

I think the 'I do not acknowledge ANY debt to your company' could possibly be omitted as he's been paying this company.

Just my opinion.

[falcon185]

VEry true mook I only added the letter from my docs and hadnt omitted the first part, that can be done by person/s who need to use it We cant do everything for everyone now can we?

[100%WHU]

Originally Posted by falcon185

VEry true mook I only added the letter from my docs and hadnt omitted the first part, that can be done by person/s who need to use it We cant do everything for everyone now can we?

And why is that????

No seriously guys, thanks for this

[falcon185]

lol well we can please some of the people some of the time but we cant please all of the people all of the time