Delays in reciving CCA - can I tell them to go away now?

[MetalDog]

I'm being chased for a Capital One debt that isn't mine. I've never owned a credit card at all and I've told the debt collectors this. I sent a 'prove it with a CCA or bugger off' letter and they've sent me several letters since claiming that they're still waiting for Capital One to find it and send it to them.

 

Do I have to allow them the extension or can I tell them to go away once the deadline is up since I haven't written to them since asking for it?

 

If they /do/ find a signed CCA, since it obviously won't be mine, what do I do if I get it? How do I make them go away?

 

This is the second debt I've been chased for that has nothing to do with me. It's very annoying!

[Shawn0109]

Who is the DCA dealing with this I'm gonna take a shot at Lowell?

[MetalDog]

Hah - you're a good guesser! Yep, those are the fellows.

[Shawn0109]

Damn I'm good, when did you send your CCA to them? If you dont owe them a debt and have no knowledge of having a cap one account then I'm trying to think of what you can send them next.

[Shawn0109]

Here send this to them.

 

HOME ADDRESS

 

DATE

 

 

 

COMPANY ADDRESS

 

 

Dear Sir/Madam

 

Account No: XXXXXXXXXXX

 

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 (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.

 

I/we look forward to your reply.

 

Yours faithfully

 

Do not sign this letter just print your name and send recorded delivery.

Edited February 13, 2009 by Shawn0109

[MetalDog]

They ackowledged recieving it on 23/01/09. I never got a credit card to avoid this sort of nonsense!

 

/licks debit card

 

@edit

Subject Access Request request letter - I have no idea what that is... sorry. I guess I should search around more here?

[Shawn0109]

And if they keepsending you letter get the OFT the FOS and the ICO involved it might not alos hurt to have a look over your credit file to see if there is anything on there.

 

Here is the SAR letter edit it in any way you want only problem it will cost you £10 send a postal order not a cheque dont sign the letter and send again recorded delivery then they will have to give you all information they have on you by law.

 

Data Protection Act disclosure request

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: ****************

 

Please supply me with All my personal data you hold including a complete list of transactions and charges (or alternatively a set of statements) relating to my account history with your organisation. I also require a complete breakdown of each Late Payment fee and Over Limit fee charged to this account, or any similar related charges. The complete breakdown of each charge must contain the following:

 

Hourly rate of each member of staff involved with each administration of the fees / charges. The time each member of staff spent on the administration of the fees/charges. Details of the work carried out and completed by each member of staff involved with each administration of the fees/charges. Total cost of the paper, envelopes, ink, and postage of each automated and manually written letter relevant to the issuing of the fees/charges, and any other costs incurred in each fee/charge including other employee’s involvement, their hourly rate, time spent on the involvement, and what their involvement consisted of.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

Furthermore please provide me with a copy of my contracts with you, and a copy of my original terms and conditions. I make this request under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

 

I understand that under the Consumer Credit Act 1974 section 78, I am entitled to receive a copy of any credit agreement and a statement of account on request . I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I further understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Please note that the Postal orders I have supplied are NOT to be applied to any alleged debt but used only for purposes supplied.

 

I look forward to hearing from you.

 

Yours faithfully,

[Shawn0109]

And nothing to appologise for I was like this when I first went on CAG.

But at the end of the day Lowell has made a serious mistake seeing as you dont owe this debt. Oh also seeing as they are in default of your CCA request they shouldnt really be bothering you for a debt that isnt yours.

[cerberusalert]

A complaint to Trading Standards & the OFT is called for too. It's about time these muppets were made to account for themselves.

[Shawn0109]

A complaint to Trading Standards & the OFT is called for too. It's about time these muppets were made to account for themselves.

 

I mentioned that above mate, it seems that Lowell is doing this to everyone these days, they are chasing debts that dont exsist, debts that are unenforceable by that I'm saying no agreements and have gone past their sell by dates and they sometimes send out toilet paper that they try to pass off as agreements. I dont know when it's going to end but something has to be done to make justice stand out against the DCA's.

[MetalDog]

Ah, thank you very much!

I can only imagine this sort of thing is going to get worse as the crunch bites - thank God for you guys. I shall try to be as big a pain in the arse to Lowell as they are to me =)

[Shawn0109]

Ah, thank you very much!

I can only imagine this sort of thing is going to get worse as the crunch bites - thank God for you guys. I shall try to be as big a pain in the arse to Lowell as they are to me =)

 

No worries mate, I have had a lot of experience with this company going to court for a debt they couldnt prove they didnt even turn up to the hearing and I'm still sending CCA requests out to them for a number of other debts they have against me that again they cant prove, but hang in there and you will be the winner.

[Dorabell]

subbing:)

[Enron]

Not forgetting to contacting your MP, to inform them what is going on here and to complain at the actions of Lowell.

 

You can find them by enterring your post code at this site:

 

UK Parliament - Find Your MP

[odds]

Surely as the OP states that this debt is 100% not his, why send for a CCA or SAR request at his expense ?

Or is there a chance they will send confidential info belonging to someone else and thus breaking the Data Protection Act and leaving themselves open to prosecution ?

[Shawn0109]

Surely as the OP states that this debt is 100% not his, why send for a CCA or SAR request at his expense ?

Or is there a chance they will send confidential info belonging to someone else and thus breaking the Data Protection Act and leaving themselves open to prosecution ?

 

So it's the DCA's own fault if they do have the wrong person isnt it, they are NOT really helping themselves if they do that and it wouldnt look good if they were taken to court for breaching the data potection act would it if they have the wrong person, then in my opinion the DCA going to court about it breaching the Data Protection Act and getting a heafty fine or a prison sentance would really knock them out would it not?

[Shawn0109]

So I say send the SAR letter see what they come up with and if it's the wrong person they are looking for you get in touch with the ICO the OFT the CSA and also your local MP and you cause a stink over this, I'm not encouraging you to do this but I think it's about time that something was done to stop all this mistracing and collection on Stat Barred Debts and Debts that are unenforceable because of the lack of a CCA Agreement, so in my honest opinion if it was me send off for the SAR see what they come back with and if it's the wrong person which I have no doubt it is, then Lowell I think will be in seriously big trouble.