DCAs returning CCA requests!

[RFC1872]

I have not seen the following issue on the forum and I am wondering if this is a new tactic by the DCAs and thought I would start a thread on how this practice should be combated.

 

I have had my £1 and CCA request returned from different DCAs, they claim they have closed the account and passed the info back to the OC.

 

My tactic is just to allow the clock to tick and at the end of 30 days write to them informing them they are now committing a criminal offence. I feel its their choice to act in the way they have - however the law is the law and they know they they have been CCA'd and they know what they have to do. If they do not wish to keep the £1 then thats their look out.

 

Anyone else getting this response and what has / will be your response?

[lickthewallfatboy]

sounds like they know that they're stuffed to me.....

[Pinky69]

I personally would just wait and see what happens. It may be a sign that there is no credit agreement. If you then hear from another DCA, you can write and tell them the account is in dispute with the former DCA and they are in breach of the Consumer Credit Act trying to pursue it. It can be passed around a few times before it finally disappears off the face of the earth.

[ScarletPimpernel]

I have been giving this some thought recently.

 

My understanding is that where a CCA request is made to a DCA who is acting as an agent for the OC, they are under an obligation to pass the request to the OC. The request remains valid, in my view, even if the DCA close their file - which I suspect they do in cases where they are on a small fee, so if anything other than a spot of light intimidation is required, they'll give up.

 

The £1 fee is the maximum that can be charged, but a DCA or OC doesn't have to charge anything at all. Therefore, the return of the fee does not mean that the request is invalidated or ended, though this would seem to be the implication of DCAs - they seem to think that if they decide that they are no longer acting for the OC, they don't have any responsibility for a CCA request.

 

It may, therefore, be worth including a short paragraph in CCA letters to DCAs, along these lines:

 

In the event that you decide to close your file and return the account to your client, you are reminded that as this formal request was made whilst you were acting for your client, you are still obliged to pass it to them.

 

I agree, however, that 'returning file' syndrome is indicative of a lack of a valid agreement.

[star_scream]

If the debt has been returned to the original OC, then would it not be prudent to CCA the OC?

[ScarletPimpernel]

If the debt has been returned to the original OC, then would it not be prudent to CCA the OC?

 

 

Indeed, but by making a CCA to the DCA, this is effectively what one is doing, since the DCA acts as an agent of the OC.

 

When a DCA returns the file, the OC's usual course of action is to pass the account to another DCA, and so it goes on. Insisting that the CCA request is passed on may also be useful if it goes to court, when it can be shown that OC and its agents failed to comply with the law.

[star_scream]

OK SP thanks for that

[RFC1872]

I have been giving this some thought recently.

 

My understanding is that where a CCA request is made to a DCA who is acting as an agent for the OC, they are under an obligation to pass the request to the OC. The request remains valid, in my view, even if the DCA close their file - which I suspect they do in cases where they are on a small fee, so if anything other than a spot of light intimidation is required, they'll give up.

 

The £1 fee is the maximum that can be charged, but a DCA or OC doesn't have to charge anything at all. Therefore, the return of the fee does not mean that the request is invalidated or ended, though this would seem to be the implication of DCAs - they seem to think that if they decide that they are no longer acting for the OC, they don't have any responsibility for a CCA request.

 

It may, therefore, be worth including a short paragraph in CCA letters to DCAs, along these lines:

 

 

 

I agree, however, that 'returning file' syndrome is indicative of a lack of a valid agreement.

 

This is how I have read this issue and why I shall be waiting till the 12+2, then 30 days have passed and I will be reporting them immediately to Trading Standards - as they(as i read things) will then be committing a Criminal Offence.

 

A side issue from this is the fact that I have previously CCA Kays direct http://www.consumeractiongroup.co.uk/forum/general-debt-issues/131318-kays-cca-request.html?highlight=kays , but surprise, surprise the assigned it to a debt collecter the day just before they received my request. However, I had already CCA'd another DCA in regards the very same account the week before so they should not have passed it on to another DCA. Again I will just sit tight until the 30 days are up. Of course I could be wrong and they can assign a debt before the 12+2 days have passed?

 

Cheers

RFC

[bazaar]

Hi I had similar from barclayhard sent the cca request, unsigned of course. they sent letter aftyer they cashed the £1 stating that as I had not signe dthey do not need to supply, needless to say they are in full default now, and as I have moved i wonder if theyll wait 6 years?

[siren13577]

Hi,

 

Can anyone advise me on finding a template for getting account transferral to a DCA removed from OH's credit record? I CCA'd Debt Managers (or Morons as we call them) and they were unable to supply an enforcable agreement. Just out of principle we want to get the information removed from his C.R. Thanks in advance and sorry if this is the wrong place, I'm 29 weeks pregnant and very fuzzy in the head.

 

Cheers:grin:

[midnight1]

We had this from Aktiv kapital/thames, sent back the Postal order stating them and their client no longer wished to persue the debt and the account was cleared. Basically "we aint got proof you owe us plus its statute barred and you know too much for your own good about how we work so we might aswell admit defeat"!

 

Its stored in a safe place waiting for the next **** whos been sold it for pennies!

[c00kiemonster]

Had the same myself from connaught after i cca'd them in Jan. Got the letter saying files closed and returned to oc, also returned the po.

 

hey presto exactly as SP says its been passed to a new dca now:o

 

Thanks to SP a letter was sent today stating whats been said above about account in dispute etc.

 

cm