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Cca to oc + Dca + Dispute Letter Now What


symi
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Hi

 

just a quick Q

 

have cca,d both 2/4/09 dca trying to get it from oc ...oc has not even answered ..dispute letter sent to both 24/4/09 ... dca still trying to get it [should,nt they have it as they own the debt ??] oc not a peep still

is there another letter l need to send ??? cant find one in library that seems to be suitable

just to say this debt was sold on to dca dec08 whilst in dispute over ppi reduction still not done from aug 08 fos involved oc agreed to do this asap just had letter from dca with full amount owed showing ppi still on

dca have a/c on hold since cca letter sent

GOD WHAT A MESS :rolleyes:

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Hi Symi :)

I personally would let sleeping dogs lie with the DCA's whilever they are still running round trying to find the agreement and not pestering for payment. You've done really well and have done your bit for now with the CCA requests and dispute letters. Let them stew!

With regard to the PPI - might it be time to fire off a letter to the FOS with a copy of your latest statement evidencing their failure to comply?

Just my opinion..others more knowledgeable will hopefully comment

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

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You can simplify matters. You need only deal with the DCA as they have now bought the debt and the CCA request should have gone to them - they have a legal obligation to get the copy of the credit agreement on request. It hasn't materialised so you can now send the DCA this:

Account In Dispute

 

Dear Sir/Madam

 

Thank you for your letter of (Date) the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On (Date) I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

 

You have failed to comply with my request, and as such the account entered default on (Date) (12+2 working days AFTER the CCA request was sent).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter, which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Amend the letter to suit your own circumstances. If they continue to pursue you after you ahve sent this, then you can make a formal complaint to their complaints department and report them to the OFT.

Edited by Pinky69
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Hi Symi :)

I personally would let sleeping dogs lie with the DCA's whilever they are still running round trying to find the agreement and not pestering for payment. You've done really well and have done your bit for now with the CCA requests and dispute letters. Let them stew!

With regard to the PPI - might it be time to fire off a letter to the FOS with a copy of your latest statement evidencing their failure to comply?

Just my opinion..others more knowledgeable will hopefully comment

Elsa x

 

re ppi the fos had already dealt with it once so yes l did write to them again in feb 09 and had a letter from oc saying have adv dca to reduce it :rolleyes: and will send £200 comp to me as per fos for all the hassle:lol:

that was on 5 may ..

had letter from dca 15 may STILL with ppi on :-x and STILL no cheque from oc :-x

 

but yes l agree ill leave things alone

be interesting if they finally send it .........

hope it matches MY copy of the original that l already have:lol::lol::lol:

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no just wait youve sent the request the ball is in their court remember without supplying you with the details they cannot legally enforce or ask for payment

 

 

lf they do finally send it , how do l stand as the the time to do it has lapsed , ??

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