DCA refusing to provide credit agreement

[crinanjon]

The debt collection agency is refusing to provide me with a CCA. I sent a letter by registered post with the payment mid December.

They have written to me twice saying that they dont have the CCA but that they still have the right to chase up thedebt.

(The original debt is with Northern Rock). The DCA have told me that if I want the CCA then I must write to Northern Rock.

From reading other threads I believe that i dont need to make any payments until they provide the CCA. Is this right?

[rory32]

From reading other threads I believe that i dont need to make any payments until they provide the CCA. Is this right?

Yes you can legally withhold payments.

The DCA have told me that if I want the CCA then I must write to Northern Rock.

Um no you don't. The CCA is quite specific that under s175 of the Act they have a legal obligation as agent of the creditor to pass on your request.

[MrSensible]

Is the debt o/s? If it is pay it.

 

Why didnt you keep a copy of the agreement by he way?

[crinanjon]

Thanks, that what i thought.

I got another letter from them this morning threatening me with the baliffs. Very worried about it. Can they send them or are they just trying to bully me into paying?

[Timsta]

No, they can't send bailiffs, they would need to go to court first.

 

And if they do go to court, they would need to produce.....

 

 

 

 

 

 

 

wait for it..........

 

 

 

 

 

 

 

 

 

Yep, the CCA they can't find.

[crinanjon]

If they take me to court, do i need to go in person or can i send a letter to the court explaining everything?

[firstwithit]

Please read the post above your last reply, if you dont understand it, more or less means that no CCA therefore they wont be going to court.

[NailPost]

If they don't have paperwork to back up their claim they don't have the right to chase the debt. You don't have to remind them of this because they know the rules but you could write to them and ask for details of their complaints procedure. If theydon't send you these details go straight to the Financial Services Ombudsman (FOS) and complain this company of shysters are trying it on.

 

You could also write to Northern Rock and report their agents actions to them. As the original creditor NRock are just as responsible for the actions of their agents and could be included in any complaint to the FOS.

 

You should also be aware that having made a CCA request which has yet to be complied with then the matter is in dispute and the matter cannot be passed onto another debt collector until this is resolved.

[crinanjon]

thanks for the replies lads. much appreciated.

[crinanjon]

Sooooo.....if they do take me to court, do i need to turn up???????/

[MrSensible]

Since when was, 'we dont have the agreement' the same as refusing? I think you need to retrat that statement. Not the done thing to make false allegations on this site.

[clutchingatstraws]

You will have to enter a defence, from there it may be allocated to a hearing. Prior to that they would hopefuly be told to produce the CCA which if they didn't have one they would lose and probably get a bollocking off the judge.

 

In my experience there is a massive time difference between being threatened with court and them actually carrying out the threat.

 

I've been threatened hundreds of times and only recieved one court claim which was withdrawn immediately when it was questioned.

 

Can you tell us who the DCA is.

 

 

Not only are they bullies they are breaking the law by persisting in collection activities having failed to comply with a CCA request.

 

If they have admited they don't have a CCA you can stop payments immediately as they have admitted they do not have the legal right to collect the debt.

 

They should be more worried about court than you are.

 

Don't be intimidated by the meaningless threats from the idiots.

 

Cas

[crinanjon]

the dca is Eversheds

[crinanjon]

has anyone had any dealings with this firm?

[Edz11]

If you've read the posts on other threads about DCA's not providing CCA's then you'll know what the score is.

 

It may be Eversheds that are collecting - but under the law they are still liable to supply the agreement before knee capping you, so calm down!

[crinanjon]

cheers. i am calm (well most of the time). its just that the continous letters from them are a bit frustrating. im sure you understand

[Edz11]

To you it's very personal and I do understand:)

[crinanjon]

I am hoping that this is a simple question that will be easaily answered by someone

 

I put in a CCA request at start of Dec. the DCA wrote back saying that they dont have a copy but kept sending me letter demanding payment and threatening court action, baliffs etc.

 

Each time they did this i wrote back and told them that without providing a copy of the CCA i would be making no payment. They always wrote back within 2 days repeating that they dont have the CCA but still want payment or it court and baliffs.

 

Today i received a new letter from them again saying that they dont have the CCA but asking me to telephone them to discuss "my account".

 

As I see it i dont need to phone them as my situation (no CCA = no payment) is clear.

 

Is there anyone who has been in a similar situation who can advise me if I am right in not phoning them.

 

Many thanks

[Docman]

If you have kept the recorded delivery receipt for your letter ( and also prefereably the confirmation of delivery from Royal Mail), I would just file the letters until they take some different action. I certainly would not telephone them.

[crinanjon]

i have the recorded delivery recepit of rmy letter etc, and also written confirmation from them of my request for CCA.

i wont phone them (im no good on the phone anyhow...i get all flustered).

thanks for advise

[Guest wino]

I agree with Docman. They cannot prove the debt and you do not acknowlege it. Ignore them unless they take some action.

[42man]

ok I would write to them explaining....this taken from the Office Of Fair Trading Website....

 

Deceptive and/or Unfair Methods

 

Section 2.8 (k) -

Not ceasing collection activity whilst investigating a reasonably queried or

disputed debt

[crinanjon]

DCA have repeatedly refused to provide a copy of the CCA. Today I received this letter from the DCA..

 

"You have failed to make repayment as requested in connection with the outstanding debt of £597

"Please note that our instructions are now to commence further action. We may now without further notice issue proceedings through the Court, or alternatively, instruct a local collection agent, who will attend your address to arrage repayment.

"Should you wish to avoid such steps becoming necessary, please ensure that you now respond by return of post to this letter".

 

I dont want a collection agent turning up at my doorstep so what do I do. (I dont think they mean a baliff, i think that it will just be one of their own representatives)

[summer30]

Hiya

 

Someone more 'in the know' than I will come along shortly but as far as I'm aware its a pretty standard letter, after sending out our CCA requests a couple of DCAs have turned up the heat trying to frighten us into paying, it seems to point to the fact that they cannot get hold of the agreement perhaps?

 

Also note that they say 'may' in the letter, it usually means they wont, in the 3 years my OH has had debt issues only once has someone come around and they can only ask for you by name they cannot come in etc unless you let them.

 

Your right its one of thier workforce, baliffs are only if its a court related debt (i think?)

[crinanjon]

cheers for your reply mate. my worry is that we have my parents with us for the next 2 months whilst they have some work done on their place. so you can imagine that i am not keen on some collection agent turning up.

 

i have written a letter back to the DCA telling them (again) that without the CCA there is no way any payment will be made. i have also told them that this is my last letter to them and if they want to communicate with me further then it will have to be through the courts.