DCA has been CCA'd

[Fighting-Fit]

Hi, I am a new member who introduced myself in the welcome section last week. I have been receiving letters from a DCA about an alleged debt (I say alleged because I will not acknowledge any debt to a DCA unless they can prove otherwise). The first letter was a phishing letter, which I ignored. The second was informing me who the OC is and the amount owed. I then sent a CCA request by special delivery and checked it a couple of days later on the Royal Mail track & trace.It stated; We can confirm that this item was delivered in the guaranteed time. Sorry, an electronic proof of delivery is not available for this item. I received a third letter from the DCA (I am not ready to name them yet!) which would have crossed with my CCA request. It reads "As you have failed to enter into a repayment plan we may instruct an agent in you area to visit your home to discuss repayment of your account. Unless you make payment in the next five days our agent may contact you. I responded with the Rights to visit letter. All the steps I have taken have been with the help of this fantastic forum and I hope I have done the right thing. I have a couple of minor points I was hoping somebody could help me with.

 

1. The CCA request has not been acknowledged yet, although it was delivered over a week ago.

2. The Royal Mail states that; We can confirm that this item was delivered in the guaranteed time. Sorry, an electronic proof of delivery is not available for this item.

3. Is this proof enough that the DCA received my CCA request and I just sit back and count the days, or is there something proactive I can do.

 

Thank you all for the fantastic advice I have gleaned from the forum and any guidance with the minor questions here.

 

I have not acknowelged any debt to a DCA

I have not spoken on the phone to any DCA

[Tartan Barty]

The electronic proof can take a week to show so just keep checking. Print the page off that says it has been delivered and file it with a copy of the CCA request letter and the SD receipt if you still have it. They now have 12 working days form the day after they received it (to be on the safe side)

 

Whether they acknowlegde it or not the clock is ticking. Don't speak to them on the phone and just sit back.

 

If they do send anything that resembles an agreement through, scan it and post it up so other members can advise whether they believe it is enforceable.

 

Good luck!

[Fighting-Fit]

Thanks, Tartan Barty. I have the SD receipts and will print off the ackowledgements of delivery. Like you say the clock is ticking. 12+2 working days. They have until the end of June then it is in dispute. Any letters or copy of a CCA and I will post it up on this thread.

 

Isn't CAG brilliant!

[Strand08]

You could phone the post office, the number is on the receipt. It is for those without internet access. Maybe they will post you proof of delivery. It would sit well with your records if needed. I would not be surprised if you didn't get a response of some kind from the DCA. Probably telling you they will get the cca and you will have to pay in full. Or offering a reduced sum if there is doubt on their part in receiving the cca from the original oc. Good luck, I am hoping your dca cannot get your originl cca. They might try to palm you off with something that appears to be a cca. That is why you must post it up on here for the experts to examine.

[babybear39]

Subscribing...

[Fighting-Fit]

Thanks Strand, that's sound advice. I'm working long hours at the moment but when I get a chance I will phone the number on the SD receipt. I also hope the DCA cannot source the CCA. I will keep you informed of Post Office telephone response. If I get any more letters from the DCA, I will post it's contents here. A big thank you for all your support.

[Fighting-Fit]

I have just telephoned the Post Office (the number on the sd receipt) and I have spoken to an advisor. The company the Royal mail use for electronic proof of receipt has been having technical problems. As it turned out I was informed my electronic proof of delivery was available now on-line. This has taken 11 days. My records on now up to date (date sent, date received) on my CCA request and I also date (received) all letters from the DCA as the date on their letters can differ quite considerably. No response from the DCA yet. That's now 5 working days and not even an acknowledgement from them. With my electronic proof of delivery I am now confident to let the days pass. Roll on 12+2, Tick Tock.

 

Thanks to Tartan Barty and Strand for your advice and support.

[babybear39]

If/when the DCA default on the further calendar month, contact your Trading Standards ASAP and use this:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

[Fighting-Fit]

I received an acknowledgement letter from the DCA, it was dated 7 days ago. As mentioned earlier in the thread I always date it on the back, when it was received. Its now five working days. What happens when (if) it gets to 12 + 2? Do I send them a this account is now in default letter, or would it be best to wait (hopefully) for the further 30 days and then report them to TS. I am trying to learn as I go.

Edited June 16, 2008 by Fighting-Fit
typo

[babybear39]

They know the deadlines. Just sit it out Hopefully they'll go into the offence stage and then you can hit them with TS

[Fighting-Fit]

Hi to all. Just a quick update. It is now 12 days and no agreement. I will give them another 2 days and then 30 calendar days. Tick Tock

[babybear39]

As stated in post #8, wait until they do then hit them with TS

[Sparkles100]

Hi,

 

I am in the same position as you. Only I sent CCA 2 days ogo.

 

Would you mind keeping me informed of your progress please?

 

Many thanks,

 

Sparkles

[Fighting-Fit]

Hi Sparkles . I will be keeping my thread updated as events unfold. If you want me to PM you when I hear back I would be willing to do this. I was looking at your thread earlier and understand why you would want to be informed of my progress. Anything I can help you with I would be only to happy to help.

[Sparkles100]

Hi Sparkles . I will be keeping my thread updated as events unfold. If you want me to PM you when I hear back I would be willing to do this. I was looking at your thread earlier and understand why you would want to be informed of my progress. Anything I can help you with I would be only to happy to help.

 

Hi,

 

That is an offer I am not going to refuse.

 

I could honestly use all the help I could get! Also happy to give any support I can. I am not as helpless as my threads suggest, just a bit overwhelmed by the situation my ex has put me in!

 

Sparkles

[siandawn]

Hi Guys

 

First time I've posted on any forum, so apologies if my ettiquette is incorrect.

 

I am dealing with DLC (part of Hillesden securities), who are chasing my Dad for a credit card debt (pre 2000 I think). After visiting this site I did a N template letter to DLC asking for CCA. Prior to that I did a subject access request, which they sent screen dumps of dated call logs (only where ther had a contact and not the other hundreds of harrassing calls at all hours).

 

Anyway, CCA akcnowledged in May and we have had 2 further letters saying they are still looking for CCA and will get in touch in 21 days. There are out of the 12 working days time frame.

 

What do I do next?

 

 

Sorry if this isn't the right place to post.

[maroondevo52]

Hello and Welcome, saindawn.

 

It would be better for yourself, if you start a new thread and keep it updated

 

Have a look at this.......

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

That should keep you straight on what to do

 

With the CCA request, just wait until the 12+2 plus another 30 Calendar days pass, then think about further action.

 

We do have a letter to send in these circumstances

 

If the 'alleged debt' is over 6 years old and there has been no payment towards the debt in that time, the debt will be Statute Barred.

Therefore, there is no way you would have to pay any more to it.

 

Good luck with that.

 

Regards.

 

Scott.

[siandawn]

Thanks Scott

 

Now you have pointed the way I can start a thread.

 

Cheers hun.x:)

[Fighting-Fit]

Good luck with your case siandawn. Don't forget that if the alleged debt is over six years old and has not been acknowledged during that period (five in Scotland) then legally, NO DCA is allowed to hound you for the debt. It becomes statue barred.

Edited June 29, 2008 by Fighting-Fit
added not acknowledged

[Fighting-Fit]

Hi to all CAG members. I have noticed a lot of new members are using this thread to wean information from the 1st phishing letter up to the point where maybe they think they should send a Prove It letter or a CCA. My account is in dispute and the 30 calendar days are up on the 26th July. If it gets that far they (DCA) will be committing a criminal offence. While I am waiting for a response to my CCA request, I will be posting information I feel could be helpful to new members at the start of their fight with a DCA. This will not be a substitute to posting your own thread and must only be used as a guide. I will start with a few acronym's commonly used on this site;

 

DCA - Debt Collection Agency

OC - Original Creditor

CCA - Consumer Credit Agreement

S.A.R - Subject Access Request

TS - Trading Standards

OFT - Office of Fair Trading

FOS - Financial Ombudsman Service

DRA - Debt Reference Agency

 

I remember that feeling when my first letter arrived from a DCA and if I can be of any help to people at the beginning of their fight with a DCA then I will help all I can. On this site there is a vast amount of experience and many member's have helped me. I still need help and will be continuing to ask for it. This does not stop me passing on what I have learned and am continuing to learn. I hope my post will be of some use to someone.

Edited June 30, 2008 by Fighting-Fit
Typo

[siandawn]

Dear Fighting fit

 

Many thanks for the acronyms translation. I like your style.

 

Will keep an eye on your thread and watch with interest.

 

Take care. Siandawn.x:)

[Sparkles100]

Hi ff,

 

I sent a long letter to two DCAs today regarding harassment. I feel better, but doubt it will do much good from the posts on here.

 

The CCA (12 + 2 days) is due 11th July. I will keep you posted!

 

Sparkles

[Fighting-Fit]

Hi Sparkles, you have worked so hard sorting out the mess that you found yourself in. You will be rewarded, make no mistake about that. Fighting back is the only way to beat the DCA's. The TS, OFT and any other authorities we can report them to will be sick to death of CAG's by the time we finish with them.

[stikky62]

Subbing

[Fighting-Fit]

Hi CAG’s, as I have pointed out elsewhere on this thread, I still remember that feeling when the 1st letter arrived from a DCA. I googled the DCA and fortunately for me and many other’s I found this site with it’s wealth of knowledge. I was not in the best frame of mind and although this site is fantastic it can be awkward for new members who are not thinking straight. I didn’t realise that the 1st letter you get is usually the DCA fishing around and the same letter will go to everyone with the same name. It is their way of searching for people with alleged debt. I didn’t realise that the best thing to do (in my case) was to ignore it. I didn’t realise how bad they are on the phone and how they will hound you if you contact them this way. I also didn’t realise that you should never acknowledge the debt, and only communicate with them in writing and never sign your name. I also did not know it is up to them to prove you have a debt.

 

NEVER SPEAK TO A DCA ON THE PHONE

NEVER ACKNOWLEDGE THE DEBT

NEVER SIGN YOUR NAME