CCA letters and DCA

[stokeybird]

Hi all im im doing alright with the standard writing to the banks/credit card companies but it am confused when it comes to debt collection agencys.

am I right in thinking that am able to send S.A.R - (Subject Access Request) requasting any charges?
also am i able to send a CCA? i've not made any payment with any collections agency and have yet to acknowledge i have any debts with them.
(too many months spent with my head in the sand)

any help with how I should deal with the DCA would be greatfully appreciated

[Vickybrown31]

Hi there!

OK you need to establish first is if the debt now owed by the DCA. If it is then you need to send to the agencies involved a copy of the letter below. I also sent a Subject Access Request to the bank involved and to date I have not heard anything back. Most of the letters you require can be found in the templates area. Try looking there. The FAQ area is excellent as well. I spent a good week or so looking through this site and now have a much better understanding of my rights. Good Luck



Your Reference No:

To Whom It May Concern:

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 £1 postal order in payment of the statutory fee, PO Serial Number

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.

Regards,

[:Boy:]

Good letter

[stokeybird]

thanks I shall use the letter, ive claimed successfully from my bank so know what im doing generally but wasnt sure with regards to DCA

[Vickybrown31]

Hey just one thing - Dont forget the £1 Postal Order. Why slow things down over a quid!!
Good Luck

[stokeybird]

thanks!! one more quick question but does the CCA also work for solicitors? it seem that most of my stuff is passed DCA's