HELP!!! DCA Threatening bankrupsy

[mnrbig]

Hi

 

I have received a notice of intent to issue a statutory demand. The DCA has not provided me with a CCA (Because there is none) Normally I wouldn't worry, but I have read on this forum that due to the Rankin case, I cannot rely on there not being a CCA for a set aside to be granted:cry:. What else can be done?

 

Thanks in advance.

[saintly_1]

Hi

 

Have a read of these threads

 

Statutory Demand from CapQuest: **WON** + £425 COSTS

 

CCA 1st Credit / Connaught **SET ASIDE WITH COSTS**

 

OMG Connaught/First credit SD**WON-Setaside plus costs**

 

Off to court within the week for a set aside on SD - **WON** PLUS COSTS AWARDED

 

Help pls with process: SD-Set aside hearing next week - **WON** PLUS COSTS AWARDED

 

Me v 1st Credit (Stat Demand)

 

 

There have been a lot of successful set asides

 

 

 

Saint

[42man]

Mr Big....the Rankine case was a lot different, the issues there were about enforceability of the agreements which were being challenged by the debtor....apart from anything else they had boasted about debt evasion, and the feeling was that the judge was pretty annoyed at them for this and other reasons...

 

If they are threatening a stat demand at this stage then send the CCA request out ASAP....

[mnrbig]

send the CCA request out ASAP....

 

 

Already have November 07. Have not sent me anything because I suspect there isn't one.

[splatty natty]

Have you sent them an account in dispute letter since them not supplying the CCA?

 

[mnrbig]

Have you sent them an account in dispute letter since them not supplying the CCA?

 

 

 

Yep about 10 Days ago. Should I send them another one?

[splatty natty]

Yep about 10 Days ago. Should I send them another one?

 

No, I shouldn't think you would need to send another one.

 

I would imagine the fact they have not produced a CCA & that you have sent them the account in dispute letter should be enough for any set aside that may be needed.

 

Not 100% sure but if I am wrong on this i'm sure someone will correct me

 

Edited October 23, 2008 by splatty natty

[42man]

Ok not much else you can do at this stage....just keep us posted !!!

 

You could send this by recorded....

 

Account In Dispute

Letter Before Action

 

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. This time limit expired on XXXXXXXX

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **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.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

[42man]

And Natty is correct, this is firmly in dispute.....you might like to add to the letter above....

 

'If you proceed with legal action, and it comes to the issue of costs in front of a judge I will be showing him this letter and my previous 2 that were sent to you on XXXXX and XXXXX'

[splatty natty]

42 man....Excellent letter in post 8

[mnrbig]

Thanks peeps. In the words of the great Arnie "I'll be back":grin: