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langtonhighway

Does DCA HAVE to provide a CCA?

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Hi all,

 

Egg have passed my debt to a DCA as I missed two payments. I wrote to them asking for the original CCA. They say that Egg already sent it to me, and won't re-issue it.

 

They also keep writing saying I am not responding to their letters, in fact I reply to every one and send them recorded delivery. They have added around £150 to the debt, which they won't explain what it's for. In each letter I have offered to pay £50 per month, reviewable in a year. They have continually ignored this offer and ask for the full amount of £6000 ish.

 

The last letter said that I am just stalling, and they will issue proceedings if I don't telephone them - they said they will not respond to any further letters and if I want to sort it out I must call them. This despite the fact that I said in an earlier letter that all discussions must be in writing.

 

Can they do this? Do they have to provide me with a CCA? What about a "notice of Assignment" (whatever that is)?

 

I need to write back to them today (I'm NOT phoning them), so someone please help me - I've never been in this awful position before!

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Firstly, I hope you can step back and not get worked up about this.

I used to before I knew my rights - I am currently disputung 8 different credit accounts in excess of £50k

 

I am sure the excellent people on here will be able to confirm, but I am under the impression that whoever is contacting you re the debt must have been assigned the debt or acting on behalf of the OC.

Either way they should comply with the CCA request.

 

The fact that they ignore your recorded delivery letters just sums up the arrogance of these absolute idiots.

 

Good luck.

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you can ask for a cca at any time as long as there is an outstanding balance and you did not recieve one already within a month previously.

 

If the dca is only acting for egg there will be no notice of assignment (who is it?)

 

most dca will argue you have not responded to letters to make your case look bad if you get to court, make sure you write and send recorded.

 

cds:)

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Don't worry about a thing:)

 

CAG will help you sort out these clowns.

 

Have you had sight of your agreement? Are the charges added by the dca in line with this agreement? Is the agreement enforceable? etc etc etc etc So many questions which no doubt they are unable to answer;)

 

These clowns think you are on your own, trembling in a corner and scared of them.

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You have asked for the CCA and Egg claim they have sent it. They can surely send another one. Write to them, recorded, and ask them.

 

Write to the debt collector and withdraw your more than generous offer. Add you will discuss matters with them only when you have received the proper documentation from Egg. Any further demands will be met by a complaint about their, and Egg's, behaviour to the regulatory authorities.

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Thanks for your support - i admit I am trembling in the corner a bit! I have been reading this fascinating site and think I've just about got things sorted - I'll lay it out, see what you think ....

 

Yes, I received a CCA from Egg, (outside the 12 + 2 limit). It says "approved limit", has no cooling off period, is barely legible, and the t & Cs are just mountains of photocopies.

 

Can I ask for a SAR from the DCA (it's called Collect Direct (UK))? Or do I ask from Egg? I need it as I don't know what the amounts in question are for, don't know if my DN is right, etc etc etc.

 

My account was Terminated (i've been reading that thread too!) ages ago, but I've been continuing to pay, but now can't afford to so they DN me, don't know if it's accurate as I threw it away in despair, and they then passed it to DCA.

 

Collect Direct say that Egg sent me copy statements, which they did not.

 

Collect Direct have not responded to my query as to the figure claimed. Will the SAR show that?

 

They are giving me 10 days to pay £6000 plu, or they will take further action.

 

What do I do first? SAR Egg? Reply to Collect Direct, saying what?

 

THANKS for your time and energy helping me!

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Is there any chance you can post the CCA you received up on here so that those who know CCA's can have a better look at it. Remove any ID, reference numbers, bar codes adresses etc, if it is barely legible to you then it is enforceable, but copy it and post it up on here so others can have a look at it, use photo bucket or similar..


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Before sending any further correspondence to anyone, lets get a definitive answer on the enforceability of the CCA.

 

If what you have received is unenforceable then you can send them the relevant letter template which tells them so.

It is up to them to prove that you both owe this debt and that you have received the information, if they did not send this via recorded delivery then they have no leg to stand on and will be laughed out of a court.

 

All further letters they send, keep them and the envelopes, start a paper trail of evidence, do not speak to them over the phone, any letters you send them, must be via recorded delivery and print your name don't sign!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It will be quicker for me to type it out than attempt to post it!! Here goes

 

Egg Card Agreement

for **************

 

Please read this carefully

 

Credit Agreement regulated by the Consumer Credit Act 1974.

This is a credit agreement between us, Egg Banking plc, Egg ard, New Application, Basildon SS14 9AA and you. the main financial terms of the agreement are set out below. A copy of the agreement is enclosed for you to keep.

 

About you:

Your n

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Can I ask for a SAR from the DCA (it's called Collect Direct (UK))? Or do I ask from Egg? I need it as I don't know what the amounts in question are for, don't know if my DN is right, etc etc etc.

 

Not much point SARing a DCA to be honest, they buy the debt but not the paper work, SAR Egg to get details of manual interventions and details of charges, statements etc.

 

My account was Terminated (i've been reading that thread too!) ages ago, but I've been continuing to pay, but now can't afford to so they DN me, don't know if it's accurate as I threw it away in despair, and they then passed it to DCA.

This should be the other way around, default and then termination. Do you have it in writing that the account was terminated prior to receiving this default notice?

 

Collect Direct say that Egg sent me copy statements, which they did not.

Never ever trust a DCA to tell you the truth, always get everything in writing and dont believe it if they wont write it :-D

 

Collect Direct have not responded to my query as to the figure claimed. Will the SAR show that?

Write and ask Collect Direct for a statement of account, tell the you are aware the OFT guidelines prohibit charging for collection and also require DCA's to give creditors a statement of the account.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Bugger I pressed reply prematurely!!!

 

Your name: ************

Your address ***********

 

About Egg Banking plc

Postal Address Egg, Pride Park, Derby DE96 3GG

 

About your Egg Card

 

3. Limit We wil tell you from time to time the Approved Limit we have set and, if different, the individual Limit which you have chosen for the account.

 

4. Interest and Credit Charges. We will charge inerest

4.1 On purchases put on the Account until 1 November 2003 at a monthly rate of 0% fixed until 1 Novemnber 2003 and thereafter at a monthy rate of 12.6% APR.

4.2 Unless you are an existing Egg customer, we charge a handling fee of 1.25% of the amount of each Cash Advance (minimum fee £2.00). The APR for Cash Advances is 16.3%

 

then there is a bit about loss or misuse of card, then the signature box which says:

 

this is a Credit Agreement regulated by theConsumer Credit Act 1974. Sign it only if you want to be bound by its terms. And my signature, dated 8th June 2003.

 

As an aside, in the copy T & Cs, they say that they will charge £20 each time the Individual limit is exceeded, whereas they in fact charged £12. Grateful for small mercies eh?!

 

I'm still trying to word a letter to Collect Direct - Shall I say I'm asking for a SAR from Egg, and to hold action until it's received?

 

Ta!

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My account was Terminated ages ago, maybe January, not sure, hope an SAR would show that. I had not received any DN up til then, had an odd late payment but that's all.

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this is what I intend to send to Collect Direct - does it sound OK?

 

Dear Sirs

Reference ***********

 

Firstly, please stop harassing me to telephone you in order to discuss matters. I require all communication to be in writing, so as to prevent any misunderstandings at later stages. I am sure you will agree that this is entirely reasonable.

 

Secondly, you are continually ignoring my requests for information. I have asked three times where you get your figure owing from. I have also offered interim payments until as and when the correct paperwork appears for me to check. This offer has also been ignored.

 

Could you please confirm, in writing, if you are acting on behalf of Egg.

 

I am aware that Agencies such as yours are required to give a Statement of Account, and confirm that this is what I am requesting.

 

I have today once again written to Egg, requesting a Subject Access Request. Please note that I consider the account “In Dispute” until I receive this information. I am particularly concerned about lack of or incorrect Default Notices and Charges levied on the account.

 

Yours etc

 

 

Can someone let me know if it sounds ok, and I'll post if off tomorrow with the SAR to Egg.

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this is what I intend to send to Collect Direct - does it sound OK?

 

Dear Sirs

Reference ***********

 

Firstly, please stop harassing me to telephone you in order to discuss matters. I require all communication to be in writing, so as to prevent any misunderstandings at later stages. I am sure you will agree that this is entirely reasonable.

 

Secondly, you are continually ignoring my requests for information. I have asked three times where you get your figure owing from. I have also offered interim payments until as and when the correct paperwork appears for me to check. This offer has also been ignored.

 

Could you please confirm, in writing, if you are acting on behalf of Egg.

 

I am aware that Agencies such as yours are required to give a Statement of Account, and confirm that this is what I am requesting.

 

I have today once again written to Egg, requesting a Subject Access Request. Please note that I consider the account “In Dispute” until I receive this information. I am particularly concerned about lack of or incorrect Default Notices and Charges levied on the account.

 

Yours etc

 

 

Can someone let me know if it sounds ok, and I'll post if off tomorrow with the SAR to Egg.

 

I'd take the bit in red out, if you dont have evidence that the account has been terminated then its best not to risk it until you get evidence.

 

The account doesnt become in dispute because of the SAR but rather because the amount of outstanding balance on the account is questioned in my opinion.

 

Oh and send both letters recorded delivery, we wouldnt want them to get lost in the post would we :-)

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thanks. Is there a template anywhere for a SAR request? Had a search but can't find one.

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Thanks. Is there a template anywhere for a SAR request? Had a search but can't find one.

 

Here ->> http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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I've just found the copy of my CCA request, dated 9th March. I finally recieved it 28th May. Does that make a difference?

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Yes, I looked at that - my agreement is the same. But there doesn't seem to be anyone who has actually had their debt written off, or rather stop being pursued for it because of the faults in the CCA. The posters are still being hassled for payment. If I had to go to court to argue the toss, I don't think I'd be able to articulate it all properly. And then end up with costs too .....? Not sure what to do really.

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See what advice comes from CAG before you even think of giving up:)

 

Everyone here knows how it feels to be out of your depth - you'll be in control soon enough.

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If I had to go to court to argue the toss, I don't think I'd be able to articulate it all properly. And then end up with costs too .....? Not sure what to do really.

 

Relax, you really are a long way off court yet!

 

The reason why it is best if you can scan and post the CCA they sent you on theses forums, is so that people can take a look and tell you whether or not, it is not only laid out correctly, in the prescribed format, but also contains the correct T&C's etc.

 

If it isn't a legally enforceable document then the OC or DCA cannot take any further enforcement action against you.

They may ask you to cough up or else, but legally they are pi55**g into the wind!

 

They may threaten that they can add hundreds of pounds of 'legal costs' and 'solicitors fees' when in reality, the court will decide what, if any, extra charges are added, and besides, if you go to court, which they don't want, you can tell the judge that you can only afford a pound a week/month, and that is all they will get!

They use the threat of court/legal action to intimidate people who are unaware of their rights. In actual fact, DCA's aswell as OC's use court as a last resort, as they very very rarely get the amount they wanted!!:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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