Inside a DCA!

[The GodMother]

Ok hears on for u.

 

Studio cards.

 

They have not provided a enforcable CCA and dont accept the it is not enforcable. The agreement is NON cancable and they have just passed this to a dca which i suspect is there in house one.

 

Where do i stand on this?

[car2403]

Ok hears on for u.

 

Studio cards.

 

They have not provided a enforcable CCA and dont accept the it is not enforcable. The agreement is NON cancable and they have just passed this to a dca which i suspect is there in house one.

 

Where do i stand on this?

 

How can an agreement be non-cancellable if they don't have the agreement?

 

In theory, they only have to supply the CCA if they have one - by not supplying one, it's in default of the request so is unenforceable until they do, which means they can't argue it's not enforceable because of s.77(4) and s.78(6).

 

Nothing stopping them passing the debt to a DCA, as the enforceability of the debt is nothing to do with it's existance.

 

What you need to do is ensure the DCA is aware of the lack of agreement, so they will (hopefully!) send the debt back, and make a formal complaint to the OC (and the DCA if they don't send it back) then escalate it to the FOS/TS, or Court, if you fancy.

 

Don't forget s.10/s.12 DPA as well.

[cashins]

Agree 100%. If it had not been for the greed and unspeakable behaviour of the DCAs I would never have found CAG and would have probably still been paying them. In my case they seemed unable to differentiate between 'can't pay' and 'won't pay' and instead of letting them ruin my life, I turned the tables:grin:

 

Snap!

[babybear39]

Snap!

[The GodMother]

How can an agreement be non-cancellable if they don't have the agreement?

 

In theory, they only have to supply the CCA if they have one - by not supplying one, it's in default of the request so is unenforceable until they do, which means they can't argue it's not enforceable because of s.77(4) and s.78(6).

 

Nothing stopping them passing the debt to a DCA, as the enforceability of the debt is nothing to do with it's existance.

 

What you need to do is ensure the DCA is aware of the lack of agreement, so they will (hopefully!) send the debt back, and make a formal complaint to the OC (and the DCA if they don't send it back) then escalate it to the FOS/TS, or Court, if you fancy.

 

Don't forget s.10/s.12 Data Protection Act as well.

 

 

There letter states they have supplied a sample credi agreement which on it says it is not cancable.

 

I have sent the dca a letter bu not heard anything yet. if u look on my studio have peed me off thread, link will be posted, then u will see what i mean.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1345154.html

 

look at the agreement paragraph thats say cancellation rights.

Edited August 19, 2008 by The GodMother

[JonCris]

By passing the alleged debt to a DCA they HAVE started enforcement which as they have yet to comply with your CCA request is unlawful & a breach of the OFT guidelines even the OFT & LACORS now agree that to be the case

 

& that's not all as any DCA who attempts to recover debts without a valid agreement may find themselves the subject of criminal charges under the 2006 Fraud Act

 

& if you don't believe me ask Shoosmiths Solicitors who seem to understand the law somewhat better than some in the debt collection industry

[Patma]

& that's not all as any DCA who attempts to recover debts without a valid agreement may find themselves the subject of criminal charges under the 2006 Fraud Act

Hi Joncris, Can you give any more details of this please, or perhaps a link to read more about it. This sounds very promising. Thanks for mentioning it. Patma

[car2403]

Passing a debt to a DCA isn't a form of enforcement, just as issuing a Default Notice isn't a form of enforcement neither, in my court experience and IMHO.

 

If all this is brought to the DCA's attention, they should return the debt to the OC and cease collection activity - otherwise I'd agree they are as reckless in applying their obligations as the OC is.

[JonCris]

Hi Joncris, Can you give any more details of this please, or perhaps a link to read more about it. This sounds very promising. Thanks for mentioning it. Patma

 

 

Google the Fraud Act 2006 (it's probably in PDF) then look for misrepresentation

[JonCris]

Passing a debt to a DCA isn't a form of enforcement, just as issuing a Default Notice isn't a form of enforcement neither, in my court experience and IMHO.

 

If all this is brought to the DCA's attention, they should return the debt to the OC and cease collection activity - otherwise I'd agree they are as reckless in applying their obligations as the OC is.

 

It is now car

 

The OFT & LACORS have now agreed what was always bleeding obvious

[Patma]

Thanks for that, Joncris, checking it out now. Patma

[The GodMother]

JC. I cant see anything stating Misreprensation

 

This is what it says.

 

Fraud

1 Fraud

2 Fraud by false representation (could it be this one)

3 Fraud by failing to disclose information ( this one)

4 Fraud by abuse of position (this one)

5 “Gain” and “loss”

6 Possession etc. of articles for use in frauds

7 Making or supplying articles for use in frauds

8 “Article”

9 Participating in fraudulent business carried on by sole trader etc.

10 Participating in fraudulent business carried on by company etc.: penalty (defo think this one)

Obtaining services dishonestly

11 Obtaining services dishonestly

Supplementary

12 Liability of company officers for offences by company

13 Evidence

14 Minor and consequential amendments etc.

15 Commencement and extent

16 Short title

Schedule 1 — Minor and consequential amendments

Schedule 2 — Transitional provisions and savings

Schedule 3 — Repeals and revocations

[JonCris]

GM no2

[The GodMother]

thanks JC not feeling to good so eveything looks the same.

[babybear39]

Hope you feel better soon TGM *hugs*

[The GodMother]

yeah same ere i just feel run down

[andrew1]

Pull yourself together woman - we need you

 

 

Sarah ( hugs too)

[foolishgirl]

She's got a new baby, what d'you expect Sarah?

 

 

Too little sleep, too many hormones. Been there - it's hell but all worth it in the end. Take care GM...

[andrew1]

She's got a new baby, what d'you expect Sarah?

 

 

Too little sleep, too many hormones. Been there - it's hell but all worth it in the end. Take care GM...

 

WOW, that's wonderful, I didn't know - I went through all that just being a grandparent Congratulations Godmother Brilliant news - (doesn't mean we still don't need you though, baby's got to get into the pecking order)

 

Best moment in my life having a son - it's happiness here-on-in well done.

 

 

Sarah

[The GodMother]

We get at least 8 hours a night so thats not the problem. Yes this is how it has been since birth.

 

Full of Flu like sysptoms and general feeling like po. Glad the eldest has been taken of our hands for a few days inlaws are wonderful when offering help but not at other times.

[Patma]

Hope you soon feel better, GM.I t sounds as though you need a good rest and some pampering. Hope you get both. Love, Patma

[The GodMother]

a bit better i have the reason why i felt like po. iam anemic on medsw now but will take a few days to kick in so should be back to some type of normal soon. the bad side is i am now back on iron tabs was on for 3 years last time.

[dashforcash]

Very very interesting read. Thanks

[foolishgirl]

Glad to hear you've found the cause GM even if the remedy is yuk.

[Dorabell]

a bit better i have the reason why i felt like po. iam anemic on medsw now but will take a few days to kick in so should be back to some type of normal soon. the bad side is i am now back on iron tabs was on for 3 years last time.

 

sorry to here you are not feeling to good chrissi you could do with few classes of guiness gives you plenty of iron we need you to get better missing your advise hows jorga what would we do with out our mortherinlaws take care