DCA continues to demand payment after default on CCA

[Stressed150]

Hi guys just wanted some advice on the following letter as this particular DCVA is really starting to tick me off..... Sent CCA request together with £1 posta order in April by May had no rsponse so sent account in dispute letter, the confirmed recieveing both letters, however after account in dispute letter they wrote to me demanding payment of stautory fee although I had already done this!! Better still, two days latr I recieve a phon call from their collections dprtmnt, in which I told the woman to basically get lost, however, she did confirm they recived postal order before she went. Then thi morning I recived a latter from this dca demanding payment...... so here is a copy of the letter I wnt to send them, however, I know when CCA-ing writing to DCA's can be a delicate issue incase the use what you write against you!! So please advise on the following.......

 

Dear Sir/Madam

Without Prejudice

Account/Reference no: XXX

I write in response to your letter dated XXX.

I initially requested a copy of the original consumer credit agreement in relation to the above account on XXX. Enclosed with this request was a postal order for £1.00 (number xxxxxxxxxxxxxxx) to cover the statutory fee associated with such a request.

You wrote to me on XXX to confirm you have received my request and that this had been passed on to your client.

By XXX, I still had not received a copy of the consumer credit agreement, on this date as you are aware your client had defaulted on my request as the Consumer Credit Act allows for 12 days for this request to be carried out. I wrote to you on XXX, placing the account in dispute and advising you of your clients default and what my position was in accordance with OFT and CPUTR 2008 guidelines.

Your response to my letter dated XXX, was to make a further request of payment for the statutory fee associated with my request. However, as mentioned you had already received this payment with my initial request. This was further confirmed in a telephone conversation after I received a telephone call from you on XXX at approximately XXX. Your representative XXX, initially requesting payment towards the disputed account confirmed that you had received the statutory fee for my request.

Despite the issues highlighted in my letter dated XXX, you have continued to make attempts to take payment on this disputed account, thus breaching Consumer Credit Act, OFT and CPUTR 2008 guidelines.

Furthermore, I would request that you cease any collections activity in relation to this account by telephone and by writing.

Failure to do so will result in official complaints being made to any regulatory authority I see fit.

As stated in previous correspondence to you, I would like any future communication from you to be made in writing.

Please confirm the above in writing, if you are disputing anything stated in this letter please provide a breakdown of the reasons why. I would however, like to make clear that any request I have made has been in accordance with CCA, OFT and CPUTR 2008 guidelines, under which you are obliged to conduct your activities.

I would be grateful if you could also make clear your clients current position with regards to my request within the next 14 days.

Regards

Stressed

[Stressed150]

Can someone please advise ifit is good to go as I want to send this off today..

[mr.ton]

Looks/sounds good to me.

Remember to print your name - dont sign

[Stressed150]

Thanks mr.ton..x

[ashmk]

I wouldnt put without prejudice on a letter to a DCA.

 

But thats just me.

[Stressed150]

I wouldnt put without prejudice on a letter to a DCA.

 

But thats just me.

 

Interesting point, but why wldnt you?

[harrassed senior]

Well the general idea of without prejudice means it cannot be used in a Court of Law and I guess if things ever went that far you would want to produce that letter as proof that you had written to them?

[creditcardmug]

Well the general idea of without prejudice means it cannot be used in a Court of Law and I guess if things ever went that far you would want to produce that letter as proof that you had written to them?

 

Correct!

 

Instead put this

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

[Stressed150]

Oh Cr*p....Isent that letter off today.....it wont make a massive didffernce though will it? I have other letters written to the DCA they dnt contain 'without prejudice' on them...... I always though it was the other way around in that writing 'without Prejudice' I was protecting myself fromthe DCA using my letter against me..!

[Bazooka Boo]

Well the general idea of without prejudice means it cannot be used in a Court of Law and I guess if things ever went that far you would want to produce that letter as proof that you had written to them?

 

Every day is a school day! As they say..

[ashmk]

It wont hurt, it wont make any difference to what the contents mean but does mean that you cant use it in court.

If you find that the DCA is ignoring it then just edit it and resend.