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I followed advice given on here and sent the DCA a letter - from templates- which began 'Subject To Access Request', as advised. I sent this with a postal order for £10 and sent it recorded.
However, they then totally ignored this, and just sent me yet another threatening letter as before. People have said not to call these companies, so I didn't know what to do. Stupidly (I think), I sent another of the same letter, about 14 days after I had sent the first.
I think I should have waited or maybe sent a copy of the original, stating again that they had 40 days from my first letter, because of the 'ticking clock' that everyone talks about. Have I cocked up here?
Now, they have sent something back within 12 days of my 2nd request, but after about 20 days of my first request.
Could someone advise me of the next step?
Also, what they have sent back is almost illegible. It looks like the original 1st page of the form I completed for the store card whose debt they are chasing.
Is this what I should have received? Could someone tell me what I should be looking for, and is this it? And what to do next?
I am a total novice so would appreciate anyone's experience of this.
Thanks
Mave
I think it would help if we knew what you are trying to achieve. What are you actually trying to do ? E.G. Are you disputing the debt for any reason and if so what reason ? If you let us know a bit more I'm sure we can help.
Pam.
If anything I've said helps you then please feel free to tip my scales!
The debt is for a much larger amount than I remember-probably fees and interest charged by the debt collection agency? I don't know. Also, after reading people's stories on here, I gathered that without the correct (and legible) agreement, the debt collection agency could not enforce the debt.
It stings also that it was just coming up to the 6 year period when I heard from them and was scared into writing to them by threatening tactics, letters saying they would come to my home.
I was hoping that I would only pay what was due, not fees and charges, or if there was a legal reason why I could just pay what the DCA had bought the debt for, not the exhorbitant amount they say I owe, especially as it would have been unenforceable after 6 years- or so I believe.
A lot of people said they had debts written off, and defaults removed from their file because a company could not provide a credit agreement within 12 days, or so I had gathered.
Is there a template of a letter, or guidance for what a credit agreement constitutes, and what I should be looking for? And is it okay that they can send me an illegible copy of my first application form for ythe storecard (presuming that this is what it is, as I can't read most of it) when I asked for a credit agreement.
First of all, you sent the wrong request, it should have been a CCA request with a £1 postal order.
None the less, you have the paperwork you asked for, if and only if, it clearly shows your signature on it, if not, it's worthless and you should tell them to go screw themselves.
Exactly how long ago did you last make a payment on the debt ??
The DCA is Lowell and the last payment would have been made- to the best of my recollection- in or around 2001. It would not have been over 6 years ago.
Re which letter to send, I am and have been really confused because I have read loads of threads on the same thing and similar circumstances and some people say send an SAR some say a CCA. I downloaded some links to letters and I can see variations in both SARs and CCAs. The letter I sent begins 'Subject to access request' but asks for a £1 postal order and reads just like some of the CCA letters on here.
There is a signature, but like everything else on the form, it is barely legible.
Could you advise as to the next step, or any othert letters I can write? Should I send another or what? This is confusing and I had hoped they would send nothing, then I could send the letter I had downloaded, saying that they had broken the law etc, and follow the pattern that others had laid down. Now I am at a loss...
The Subject access request is the Data Protection act letter, and it costs you £10 to make this request, it should get you the same, and more, info than the Consumer Credit Act letter which only costs £1.
This is the CCA letter......
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 xxxxx.
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 Faithfully
It's a bit late to send this one now as you say you already have the information, however, there 'll probably be something you can do because of the legibilility of the signature.
Another point is that it is not statute barred as the last payment was made less than 6 years ago.
Hang in there, someone with more experience than me will be along soon to advise on the signature thing and probably more.
Cock-up with DCA! Help!
a letter - from templates- which began 'Subject To Access Request', as advised. I sent this with a postal order for £10 and sent it recorded.
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