CCAs

[canbrilla]

Hello again,

 

This may seem a bit of a silly question, but... If you send a CCA to a credit card company, after having had a default notice served and before it actually goes to a DCA, do you need to put 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY' on the letter, as it's obvious you do as you've been dealing with them so seems a bit superfluous? What has anyone else done in these circumstances?

 

Thanks.

 

canbrilla

[Michael Browne]

do you need to put 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY' on the letter,

No, it's not necessary

[creditcardmug]

I always do it, it does no harm and has actually helped me a few times, the good bit is though, it gets up their nose, that's the bit i like.

[rameses_qc]

The thing is, if you put this on the top of your letters, the DCA (although we know none of them tell lies) cannot come back later and argue that your letter is acknowledging the debt. In this way, I think it is always necessary when delaing with debt collectors, just to avoid any doubt

[canbrilla]

Hi

 

I didn't put that at the top of the letter in the end. Hope it doesn't come back to bite me on the nether regions.

 

Anyway I sent 2 CCAs off on 16 June, 1 to Halifax Visa and the other to Robinson Way. The latter's been signed for, but I don't know about the Halifax one yet.

 

The Halifax address was a PO Box number. I'm sure I read on here somewhere that shouldn't make any difference, it should still be signed for.

 

I'll contact Royal Mail and find out if it's been signed for or not. What do I do if it hasn't been?

 

canbrilla

[creditcardmug]

Hi

 

I didn't put that at the top of the letter in the end. Hope it doesn't come back to bite me on the nether regions.

 

Anyway I sent 2 CCAs off on 16 June, 1 to Halifax Visa and the other to Robinson Way. The latter's been signed for, but I don't know about the Halifax one yet.

 

The Halifax address was a PO Box number. I'm sure I read on here somewhere that shouldn't make any difference, it should still be signed for.

 

I'll contact Royal Mail and find out if it's been signed for or not. What do I do if it hasn't been?

 

canbrilla

 

Well, if you're not paying them i suspect you will find out very soon IMHO

[canbrilla]

I am still paying them creditcardmug, and will continue to do so, but judging from the letters I've received lately and the telephone call I had today, I think they're going to sell it on pretty soon.

 

As it's my right to request a CCA at any time, I thought I would and hope this stops the OC selling it on until such time as they do provide me with a CCA.

 

canbrilla

[creditcardmug]

Well they "may" do anything, the fact is they have not complied with your lawful request after 1 month, they are still taking your money, and by the sounds of it are still persuing you.

They are in default you do not have to pay them anything while this continues

Until they provide you with the agreement you owe them nothing

[canbrilla]

I CCA'd Halifax Registered post, enclosing £1 PO on 24 July and to date the letter hasn't been delivered, it's not on the Royal Mail website anyway. I only did this because I spoke to one of their 'operatives' on the phone and he started to get a bit too bossy for my liking.

 

Today I've received a letter from Blair, Oliver and Scott 'requesting' payment. What's my next step? Is there a letter to send to BOS informing them of the fact that I've CCA'd Halifax? The debt hasn't been assigned to BOS, are they Halifax's solicitors?

 

They want me to phone them to discuss payment options - don't think so!

They also say they can instruct one of their local door-to-door agents to call - don't think so!

 

I want to carry on making payments but certainly can't afford any more than I've been paying. I don't want to speak to them obviously so a nudge in the right direction of a letter to send to them would be appreciated.

 

canbrilla

[stikky62]

ACCOUNT IN DISPUTE

 

Dear Sir or Madam.

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE

Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

 

As original creditor/DCA** are now in default of my Consumer Credit Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA**for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

xxxx

 

 

 

Blair Oliver Scott are HBOS' solicitors

[creditcardmug]

Ive read on here in the past that halifax have many addresses, and a lot of people dont know how to get important docs to them with any degree of confidence, i suspect possibly the relevant dept have not reieved your CCA request (their fault not yours).

Why not put up a new thread asking for an address to send this to with some degree of certainty?

[canbrilla]

Thanks to you both for your reply.

 

I actually sent one request to a PO Box No 607, HX1 2UJ, silly me! The other was sent to Trinity Road, Halifax HX1 2RG.

 

I'll do as you suggest creditcardmug and start a new thread.

 

I'll also get that letter off stikky.

 

Thanks again.

 

canbrilla

[canbrilla]

One of my CCA's was signed for on 28 July so it's now countdown. Had phone call from BOS today asking me to call them. No chance of that. The letter I've sent will explain all to them.

 

canbrilla