DCA refusing to comply to CCA request

[chris170985]

Hi, I need some advice, I'm just wondering where to go from here. DCA Scotcall Limited have registered a default on my credit file, I have sent a CCA request to them and they responded by saying "can I confirm that I fundimently state that I don't owe the debt". I don't want to be side tracked and so wrote back stating that they don't seem to have complied with my request. They wrote back simply stating that "we stand by our first response". I have wrote back stating they are now commiting a criminal offence and I shall report them to IFO, Trading Standards and Experian and consider court action. I have now complained to the IFO and Experian though I don't think I will get much joy, court action it seems is neccessary. Do I take them to County Court or as it's a criminal offence do I make a complaint in Magistrates Court? What should my next course of action be?

 

All help will be appreciated, many thanks

[huggys boss]

Somebody else will be along soon to answer your questions, but this seems to be their new ploy.

 

I had a phone call the other day and I told them that I was awaiting a CCA and wanted to correspond in writing only. The man on the phone tried to get me to say that I was denying that the debt was mine.("so are you saying you never received the goods you ordered?") If they are trying this as a new ploy-to get you to admit/deny the debt - would they then try to use what you have said against you?

 

I just pretended to be a politician and sidestepped his questions. I am not trying to wriggle out of my debt, I created it, I will solve it, But i don't want to be in a position where the DCA's can ask "yes or no" questions and them use them against you further down the line.

[ODC]

Hi, I need some advice, I'm just wondering where to go from here. DCA Scotcall Limited have registered a default on my credit file, I have sent a CCA request to them and they responded by saying "can I confirm that I fundimently state that I don't owe the debt". I don't want to be side tracked and so wrote back stating that they don't seem to have complied with my request. They wrote back simply stating that "we stand by our first response". I have wrote back stating they are now commiting a criminal offence and I shall report them to IFO, Trading Standards and Experian and consider court action. I have now complained to the IFO and Experian though I don't think I will get much joy, court action it seems is neccessary. Do I take them to County Court or as it's a criminal offence do I make a complaint in Magistrates Court? What should my next course of action be?

 

All help will be appreciated, many thanks

 

Snotcall really seem to have lost the plot. Its not up to you to prove you do not owe money but LEGALLY up to them to prove you do. Unfortunately COURT is the only way you will sort these muppets out

[chris170985]

I agree Scotcall seem like a very buckshee company, have zero regard for the law, hopefully I can set a president and ensure they can't carry on doing this

[ScarletPimpernel]

As long as you maintain contact, these eejits will continue to think they have a chance. I suggest you send them a short final letter:

 

Dear Sirs

 

On (date) I sent you a formal request pursuant to ss.77/78 of the Consumer Credit Act 1974. You have failed to comply within the prescribed time limit, and are therefore in default.

 

Your recent correspondence appears to me to contravene the Consumer Protection from Unfair Trading Regulations 2008.

 

In the circumstances, I am not prepared to enter into any further correspondence in this matter whilst you remain in default of my formal request. Since you have failed to comply, I require you to return the fee at once.

 

Yours etc.

[SteveH2508]

Hi, I need some advice, I'm just wondering where to go from here. DCA Scotcall Limited have registered a default on my credit file, I have sent a CCA request to them and they responded by saying "can I confirm that I fundimently state that I don't owe the debt". I don't want to be side tracked and so wrote back stating that they don't seem to have complied with my request. They wrote back simply stating that "we stand by our first response". I have wrote back stating they are now commiting a criminal offence and I shall report them to IFO, Trading Standards and Experian and consider court action. I have now complained to the IFO and Experian though I don't think I will get much joy, court action it seems is neccessary. Do I take them to County Court or as it's a criminal offence do I make a complaint in Magistrates Court? What should my next course of action be?

 

All help will be appreciated, many thanks

 

For info - the criminal offence under S78(6) for non-compliance with a CCA request after 30 days has been repealed.