DCA-What info can I demand from them?

[inklink66]

Hi, just received a letter from a DCA stating they are after payment of a debt. I would like to know what I should ask them for to justify their claim. The debt is owed but I would still like for them to prove they have the right to collect it - Don't they need to have copy of original agreement for example?? Thanks for any advice:cool:

[cymruambyth]

Hello and welcome. I am a novice but you need to send a request for a CCA [credit agreement] see letter templates on opening page [i haven't mastered the links yet!] You need to include a £1 postal order, do not sign your letter and send recorded delivery.

Never speak to them on the phone, make a note of any calls in case of harassment and then post any problems and someone who knows something will then help!

Edited August 4, 2008 by cymruambyth
pressed button too early!

[foolishgirl]

Have you received a Notice of Assignment? It should come from the OC if this is the first time the debt has been passed to a DCA. Without it (a) they are breaching the law & (b) how do you know they have 'permission' from the assignor to collect the debt?

So when you ask for your cca ask for a copy of the notice of assignment too if you haven't already had it.

This is the link for the CCA letter template - it's letter N

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[inklink66]

Hi, thanks for info - tried link but didn't want to play:( I shall find it though!!

[IdaInFife]

Consumer Credit Act template - Consumer Wiki

 

try that one

 

Idax

[inklink66]

Hi Ida, many thanks for that.:grin:

inklink66

[lornarobins]

Hi everyone - Yes I got exactly the same letter too! I also noticed from my Royal mail recorded delivery that they didn't sign for the letter - although I suppose they have admitted receipt by replying to my request.

 

HOWEVER I NOTICED SOMETHING WITHIN THE LETTER THAT COULD WORK TO MY ADVANTAGE!

In their letter they have stated that they purchased the debt on 16th dec 2004 - I checked both my Equifax & Experian credit reports and both state that the default was registered on 30th sep 2004!!

 

BACKGROUND: Link Financial Limited have registered a default against me in 2004 - only just realised when I checked my credit file.

They had purchased the debt from Barclaycard who also registered a default for the same debt.

 

I recently raised this with the CRA and subsiquently Barclaycard removed the default within 3 days!

 

I recently sent a CCA request to Link Financial (22/07/08:cool: - they wrote back afew days later with the same standard letter you all got, stating that they had purchased the debt from barclaycard on the dates given above!

 

Soooo my question is -

Can they legally put a default on my credit file for a debt they registered as defaulted before they owned the debt??

Remember Barclaycard withdrew their default for the same debt in a matter of days, also I have written proof from the DCA themselves stating when the debt was Purchased (3 months AFTER they registered the default)!!

 

Could I raise this point with the CRA's immediately?? Couldn't I have the default removed immediately automatically if this is the case - they cannot take further action until the CCA is produced

 

Please help - i'm in the process of trying to clear my credit myself - i'm doing an OK job so far but I'd really appreciate some useful advise on this :grin:

Edited August 5, 2008 by lornarobins

[2Grumpy]

Not sure about that. However I would start off with a prove it letter before going for the CCA

 

Dear Sir/Madam

 

Account no:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOURSELVES OR TO ANY COMPANY TO CLAIM TO REPRESENT.

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign