DCA say last chance!

[matt-man]

Hi every one

Need a bit of advice as i think the guy from the DCA was taking me on a trip up the garden path!

I had an account with Halifax which was defaulted on back in 2003. They sold the debt onto Thames credit who then fobbed it off to another DCA.
Anyway, they finally tracked me down and have been hassling me on the phone so i wrote to them asking for a copy of my CCA using one of the templates here. That was sent on Monday and today i had another call from them asking for cash so i mentioned i had sent a letter informing them that a, the account is in dispute with Halifax and b, i had requested a copy of my CCA. The guy on the phone responded by saying that they don't have a copy of it and it is only requested from Halifax when it goes to the solicitors to pursue legal action.

Now this sounds like b*****oxs to me as i thought they needed the CCA to even chase me for the debt?

Advice pls? Anybody?

[kennyparkroad]

your correct

they need to have all the relivant docs to chase you for any debt.

DO NOT DEAL WITH THEM ON THE PHONE.

If they phone again, say you want EVERYTHING in writing and that they know longer have your authorisation to call you.

Did you send the CCA by recorded delivery?

if not send another one, this time recorded (you can track online to see if it has been signed for) and go from there

dont let them mess you about, simply refuse to deal with them on the phone and hang up, if they phone you back, say you will report them for harassment.

[matt-man]

Is it worth faxing them a copy of the letter i sent and a covering letter stating that the employee gave me false information? I also presume that they record all telephone calls so they'd be able to hear for them selves he is giving false information.

No i didn't send it recorded

[matt-man]

Ok i have drafted up a letter to fax to them

F.A.O The Manager

Re:− Account/Reference Number XXXXXXXXX

With reference to the above agreement, I requested a copy of my credit agreement from you over a week ago.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I’m entitled to receive a copy of my credit agreement on request.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I have today received another telephone call from your company telling me this is my final chance otherwise the case will be passed over to your solicitors in Manchester. I advised your employee that I had requested a copy of my CCA from you and that this was a requirement under the Consumer credit act for your company to provide within 12 days otherwise the debt is unenforceable. Your employee falsely informed me that this was not the case and that your company does not need a CCA signed by myself as this is dealt with by solicitors in Manchester.

I can think of only two reasons why your employee would state these false remarks.

1, He was trying to bully me into settling this account as there is no copy of my credit agreement.

2, He is not trained sufficiently in debt collection and the consumer credit act.

I would like to point out to you that have until the 14th March 2007 to provide me with a copy of my credit agreement. I would also like all correspondence from yourself to be in writing and I do not permit you to contact me by telephone as the information from your employees is false and misleading.

I look forward to hearing from you.

Yours faithfully

Matt-man

Now should i fax this off?

[donbracho]

i would do mate but theres a specific letter about not taking calls from them, mentions acts of law etc

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

id add that bit in somehwre ?