Thanks Jeff. Great stuff! I can't wait to send it. This should have the desired effect

In the absence of any conflicting advice, I am going to send the DCA a letter. After searching, I found one, which strongly states that they have failed to adequately respond to my CCA request and that therefore they have no case- stating also that they have failed to show a 'deed of assignment' saying that they now own this debt. I am also going to loof for a similar letter to send Barclaycard- which I will copy to the DCA - Saying that they failed to answer my SAR request in the 40 days and therefore I will no longer deal with them. I will look for one on here but if anyone knows of one, let me know please.

The date on the application is within 6 years, so it isn't time barred, unfortunately, and my ex-partner ran up the debts and didn't pay me back.

Hi again I had waited, to see if Barclaycard would reply to my SAR- they haven't and it's now over 40 days. Now the letters are coming again. The debt agency is not going to give up. I don't know where to go from here. I know the debt agency haven't complied. Shall I send a letter saying so and telling them to cease writing to me, as they have no claim to any monies? It's not Cabot, it's Lowell.

Hi I have written about this before,but I would greatly appreciate advice on my next step. I have been chased by a debt collection agency for a Barclaycard debt for some months. After sending the CCA letter to the agency and not getting much back, I then sent a CCA letter and data protection to Barclaycard themselves- using an address someone helpfully gave me on here. They have not answered within the 40 days- though they did acknowledge my first letter and promised to answer within the 40days. That was al I heard from them. I was hoping that they would be able to identify how much of the debt was charges and we could have come to an agreement about what to pay (obviously minus any unfair charges). What should be my next step? The debt collection agency had said they would wait until I had heard from Barclaycard but now they are writing to me again, as the 40 days is up . I have also noticed that what they - the DCA - sent back to me in response to my CCA letter, did not list terms and conditions and card charges, that I have been told should have been included on a CCA agreement nor did the paper mention the CCA act of 1972 as far as I could see. It was just the 1st page of a Barclaycard application. They have also- despite my many requests-never sent the deed of assignation, confirming that they now own the debt. This all seems a little dodgy to me and I don't want to pay them anything for this reason. Who should I write to now? Does anyone have any letters/templates which can end this for once and for all,saying that they have failed to comply? I also noticed that the debt was nearly 6 years old, and the debt agency obviously bought it for next to nothing just before the 6 years was up- which was galling for me. Are they trying it on? Should I pursue them or Barclaycard?

Thanks for the advice. I was in a real rush when I filled in the form but called them when I got back to the office anbd told them I hadn't been informed that it was a 12 month contract, and they said to come back in and see them, but I've been away for the last few days. Also, no where on the form are the words 'consumer credit' or the usual blurb about it being regulated by the consuer credit act etc. Is this relevant?

Surely if the application form does not say it is bound by the consumer credit act, then it is not enforceable? I am interested in this because I have posted on the general site re gym membership and whether it is bound by the consumer credit act. (I was not sure if the debt forum was the correct one to put this in). So I would be interested to hear if anyone agrees.

Hi Does anyone know whether there should be a 'cooling off' period for gym membership? I signed a contract and they didn't tell me I would be committed to 12 months. It was only afterwards I realised- stupid, I know, but it was done so quickly and I was tired after a 1st session with a trainer and they went straight into it all. It was only a few days ago, I have been away for the weekend and I haven't used the facilities yet. Also, are these contrcts in themselves a CCA form? What should I be looking for to check whether they are or not? Thanks M

Thanks Sharmal- much appreciated. Will do. Now I just have to see what to do about this threat of a CCJ and wait for a response to my letter about their 'non compliance', though judging from other, similar posts, DCAs seem to just ignore this fact a lot and push on with the legal threats.

Also, before I realised that what they sent back did not comply with CCA, I sent a payment by postal order to them. They have said nothing about having received this, and I am not sure how to check receipt and encashment of postal orders. Does anyone know? I was advised to send this, not a cheque, as people said it was wiser.

Thanks for the info I am worried about this. I do not wish to have a CCJ against my name, but if they continue to ignore me, I don't know what to do. You quoted a section of the CCA. Doesanyone have an impressive looking letter to send? Nothing in templates matches this.

Hello again I have sent the DCA a stern letter saying that they have not complied with my CCA request and what they have sent is not sufficient. However, in the meantime, they, or rather their legal people, have sent me an official looking letter headed 'Notice of Intention To Pursue A County Court Claim'. Should I wait for a reply to my letter? Any ideas?

Thanks Lookforinfo I want to get these people. Their tactics are awful. Fingers crossed!

Ok thanks sequenci. I am sure that none of this is on there.

Oh thanks! I'm not as ignorant as I thought !

I have seen a template which states that a company has not complied to a data access (SAR, I presume) request. Should I use this, do you think?

Hi Tamadus Excuse my ignorance, but what did you mean by 'data without content'?

Thanks again Lookforinfo So you don't think a letter is a good idea? I don't think they do relaise that I know what they sent back doesn't comply. I have been slow as I have only just now re-looked at it and realised, so I would like to make them aware that I am aware- if you get my drift! Also, they are now sending me letters from a legal firm (which I notic has a PO Box address almost the same as theirs!) so I would like to nip all this in the bud and maybe send a letter telling them that they are in breach of CC law, and maybe asking them to accept what I have paid already as a 'full and final' settlement because of this. Do you think this makes sense? Does anyone know of this kind of letter? Or just one telling them in legal terms that they haven't complied? I have looked on templates but none seem to be right.

Hello Does anyone know where I can find a template for a letter complete with all the impressive legalese to tell a DCA that they have not complied with a CCA request, and threaten them with court action if they persist? I can only find the CCA request letter itself, or letters after 40 days of the SAR request not CCA . Thanks

Hello Tifo Thanks for that. I had suspected as much, and I have another debt with the same DCA and I am just at the CCA stage - and sent a SAR to the credit card company on that one- so this helps a lot. However, judging from a lot of stories on here, the debt agencies often seem to ignore people's letters even when the letter says that a debt is unenforceable. Fingers crossed! Does anyone know a template for sayng this?

Hello sequenci and thanks The agreement was taken out in 1998 but I think that in being stupid and replying to an initial letter from the DCA last August, I 'activated' the account again and it would not be 'time barred'. There was no contact from the storecard company to me and vice versa from about 2000 as my now ex-partner said he would pay it off for me and I stupidly entrusted him to do it and was working abroad for years. Do you have any ideas on how to proceed at all? I would be v grateful!

Can someone please give me a definitive answer on whether a DCA has actually completed my CCA request? I do not know whether to proceed otherwise. In answer to my CCA letter, all I got back was a very dark, very illegible front page of a storecard application, completed in store. I cannot see any words mentioning 'consumer credit act', 'credit agreement' etc. There is some small print, just before my signature, but it is so dark it is totally illegible. The 40 days was up ages ago, and I have already paid them about half of the debt. I have no contact details for the store who issued the card and have not sent an SAR, but wondered if Icould proceed first with the DCA. They have provided me with copies of all correspondance relating to the debt, but no actual 'deed of assignment' either, from the store card company, stating that they have sold the debt. I have calculated that I must have now paid off all the debt that is not charges/interest accrued whilst I was living away when I was under the impression that it had been settled. So I am loathe to pay more, if the DCA has not even complied with the CCA request. How should I proceed? Any ideas anyone? I was going to pay the rest and send a letter from templates asking them to confirm that I would not be liable again for this debt etc etc.(The 'full and final settlement' letter). But I have just realised that they may not have complied with my earlier request so wonder what are my options?

bump

Hi I have my own thread but was interested by someone on here who said that Lowell Portfolio 1 are not legal, or authorised. Have I read this right? I ask because I now have letters from a legal company saying that they were instructed by 'Lowell Portfolio 1' and wondered if anyone here could confirm about them?

Hello Tamadus and Bailiffchaser Thanks, that was very helpful. I haven't got a scanner, but I will check again what they have given me. If, as you say, they haven't sent me the lawful' answer to my CCA, shall I send them a letter stating this? And also, a letter saying that they haven't yet sent me a copy of an agreement saying they have bought the debt from Barclaycard? Interestingly, I noticed that the legal company say that they were instructed by 'Lowell Portfoli 1' and I seem to remember someone saying that this company was acting illegally or was not registered or something? Must check this