Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I requested a CCA request from a DCA. They sent me back a very poor application form, with no prescribed terms on it etc.
I sent them back the "Account in Dispute" letter. They then send me back a letter saying "the debt is enforceable" and "the proof of the debt is that the account has been opened, and you have run up the debt" and "impossible to run up a large debt on a credit card without being the legal entity responsible for it." WTF?
Why dont they send me a CCA? What letter should I send now?
Nothing you have sent the account in dispute it's up to them to progress this further, just remember that the recent court cases have no bearing on s127(3) and unenforceable agreements due to missing prescribed terms.
They also made mention to the fact that OFT guidelines were meant to apply to those who "genuinely had no knowledge" of the debt, and not those who "wont pay". BS?
Also, how do i know they dont have a CCA, but are just too lazy to find it, and can produce it in court?
So I should ignore them now? What is their likely next move?
Reckon you'll be hearing from the first of a succession of DCAs fairly soon Billy. Suggest you prepare the obligatory "Bog Off! Account in Dispute" letter and the "Only write to me if you can be trusted with a sharpened pencil" letter and do not enter into any dialogue with any of the DCAs beyond sending them.
Suggest that, from time to time, you formally remind Amex of their failing.
Important to remember that, despite all the red ink and hit-man threats, DCAs are actually about as dangerous as a cold treacle pudding.
My approach Billy is to refuse to have anything to do with the DCA’s. I ignore their letters and their phone calls, I only deal directly with Amex. If the account is in dispute the DCA’s shouldn’t be contacting you anyway.
My thinking was that the DCA would need to refer to their client for acceptance of F&F (unless they were given discretion to make that decision), and they are generally foul to deal with, so I thought it would be better to deal direct. Still, it's all the same in the end, personally I'd rather deal with the organ grinder than the rude, ill-educated arse scratching monkey.
CCA response from Amex...what next?
. They sent me back a very poor application form, with no prescribed terms on it etc.
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20/03/2008 settled in full out of court
