Hi all,

Unfortunately having to return for more help.

I have been sent a letter from a DCA in regards to and old credit card.

I had genuinely forgotten about this as last year when i was facing my debt

the original creditor could not find any information about it and it got ignored.

It now appears to have been passed to the DCA

So,

My question is this,

Before i arrange to pay this debt am I able to challenge the charges that were originally applied, and the corresponding interest?

I'm a little short on details at the moment, apologies, but the card was issued in 2008

and defaulted in 2009. limit was 850 and the balance is now approaching 1100.

As i mentioned i'm not trying to avoid this debt rather make sure I'm not paying over the odds.

Any help/advise wold be greatly appreciated.

Many Thanks!

Did you get a letter of assmant from your O/C when it was sold to DCA.

You should also ask for proof of debt IE a CCA before you make any payment and a balance

so the DCA does not add more on

you need to know what the debt is made up of there could be lots of unlawful charges add on which makes the debt unenforsable.

is this debt showing on your CRA file?

who is the original creditor?

have you sent the DCA a CCA request?

DCA's are NOT BAILIFFS

they have

NO SUCH LEGAL POWERS.

anyone can send out speculative letters claiming you owe this or that

you need to gather FACTS before you even mildly think about paying a DCA

on a debt you know SO little about.

dx

is this debt showing on your CRA file?

 

who is the original creditor?

 

have you sent the DCA a CCA request?

 

DCA's are NOT BAILIFFS

they have

NO SUCH LEGAL POWERS.

 

anyone can send out speculative letters claiming you owe this or that

 

you need to gather FACTS before you even mildly think about paying a DCA

on a debt you know SO little about.

 

dx

Thanks for the speedy replies!

It was from MINT and yes it does show on CRA file as a default.

Ok so do the CCA request as first port of call,If that all shows as above board how would i approach the charges etc?

Thanks again,

You will need to send a SAR to the OC to find what charges have been added on,or if you have all your statements you can look at them . There are letters on this site in the library for SAR and letters you can send for charges but if you beds more help just post on here and someone will advise you in what to do. By the way is there any ppi on this card or loan.

what is the defaulted date on the cra file summary

and who is show as the owner of the debt please

this is the CCa request.

adapt the following text to YOUR details.

.

DO NOT SIGN THE LETTER!

.

get a £1 BLANK Postal order

.

write on the back.

for statutory £1 CCA FEE ONLY.

NOT FOR ACCOUNT PAYMENT

.

leave the payee BLANK

.

post the two off by 1st class post, get proof of posting from PO counter - ITS FREE!!

.

they have 12+2 WORKING days to comply.

.

.

firm demanding money

street,

town,

county

postcode

Dear Sir/Madam

Account/Reference Number 12345678

I do not acknowledge any debt with your Company or Associates

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account,

together with any other documentation the Act requires you to provide,

including a detailed statement of the account.

I expect you to comply fully and properly with this request, within the statutory time limit.

You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment,

and places a duty upon you to pass this request to the creditor.

In the case of an absolute assignment, you are a creditor as defined by s.189.

If you contend that you purchased the rights but not the duties of any agreement,

you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee.

Note that these funds are not to be used for any other purpose

If you are unable to comply fully and properly with this request,

you should confirm this in writing at the earliest opportunity,

and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully

Mr A N Other [PC print yourname - do NOT sign it!]

...............

Ok...

Just had to ring CRA and update my address to get hold of my free report.

The last one I had contained this debt and the current one does not??

Although helpful the operators accent was hard to follow and i think he mentioned it will take time to update with all the info so think I will give it 24hrs and run it again.

from the previous report, approx 10 months ago, was listed as RBS Cards (MINT) and the default date was 09/2009.

I'm assuming that once the linked addresses get updated it will show up so shall I report back once it's done or go ahead with the CCA?

i'd send the cca to the dca anyway

who is it?

dx

i'd send the cca to the dca anyway

 

who is it?

 

dx

Wescot,

Ok I'll get that sent off as soon as i can get a postal order.

Just to clarify,

"This letter is a formal request pursuant to s.[77/78/79]" - 78 is running account and therefore credit cards?

"you fail to comply with my request, the provisions of s.77 will apply" - is that correct or should it also be 78?

Just wanted to make sure!

Many many thanks!!

change the top bit to 77/78

leave the comply line alone

dx

change the top bit to 77/78

 

leave the comply line alone

 

dx

Ok will do,

I'll report back with developments...

Thanks both for all your help so far!

Hi,

Just a quick update,

CCA was sent last Thursday 26th, for the 12 days am I counting just working days??

Also received a further chase letter which was dated 30th? Shall i assume this is automated and ignore, wait for an actual response.

Thanks for any and all assistance!

Yes ignore what for cca response if you don't get cca don't pay

Hi,

I have had the repsonse from the DCA.

They have returned my letter and postal order and attached the following letter,

'Following your recent request for a copy of the signed agreement, our client has requested you write to the following address and state this is a 77/78 request and enclose a £1.00 postal order payable to the client'

I was under the impression that they had to forward it on to the creditor if it is not them? Either way it hasnt happened thst way.

So what should be my next step?? Send it off as instructed??

Thanks for any and all help as always.

So it looks like you got them , they have no right to collect so don't pay them any money.

you need to send them this

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

Hi,

Have let this slip over the last few days but was now looking to send off the next letter as posted above, However i don't appear to be able to access the link anymore? I don't have the correct permission?

Any ideas?

Thanks in advance

 

Any ideas?

 

Thanks in advance

Is this one ok............

http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request

Excellent,

Thanks very much!

Excellent,

 

Thanks very much!

Just a quick update....

Nothing,

No response to letter no.2 as yet. Is this common or should i expect something back eventually?

Cheers

Hi,

Finally received something back from DCA,

Letter asking me to contact them to discuss a settlement offer to avoid further action being taken?

Shall i just ignore? I was under the impression that after letter 2 the couldn't pursue without providing me with that first?

Any advice greatly received!

discount letter then

begging for money

dx

You should report them to the OFT and Action Fraud, for the way they are trying to extract money from you its the only way to stop these DCA.

Hello again!

This seems to be a tad never ending at the moment,

I have followed all the advice given so far (Thanks very much!!) and as per my last post i received a 'begging' letter from Wescot.

I have now received another letter from Wescot, cleverly disguised as a company called 2F, asking me to confirm my address as they have not been able to contact me?

Getting a bit silly now! Shall i continue to ignore or is there something else i should be doing?

Thanks as always, any help gratefully received and appreciated.