Hi Yamaha,
Yes, you are right. If a Debt Collection Agency (DCA) is unable to provide you with a copy of your Consumer Credit Agreement (Consumer Credit Act, 1974), then you are within your rights to withhold payment.... the debt cannot be legally enforced without it.
There is a CCA request template... I will post the link on here shortly... Send a CCA request to both Hillesden Securities (Citicard) and Cabot (Capitol One)... enclose the £1 fee for each and send both by recorded delivery, making sure that you keep the receipts.
Both companies have to supply the CCAs within 12 days of (recorded delivery) receipt. If they haven't produced the docs. within this time frame, they are then in default and cannot legally enforce the debt until such times as the CCA can be produced and re-enforced in court.
If they stilll haven't produced the docs. within one calendar month after the 12 day default (approx. 43 days in total), they will have also committed a criminal offence.
If the DCA has
bought the debt, this means that they are stuffed because the debt can no longer be enforced (no CCA = no debt). However, if the DCA is collecting
on behalf of the original creditor, then the account will be passed back to the original creditor and you can then deal with them directly by sending them a S.A.R - (Subject Access Request) in order to re-claim any unlawful charges to reduce the amount owing.
In short... after a CCA request is made, no news is good news.
Here is the link :
Creditors and DCAs - Letter Templates & Budget Planner Scroll down to
Letter N. 