No CCA From DCA

[TryingToGetEven]

Sent a CCA request to a Debt Collection Agency who have taken over the 'managing' of my credit card debt from the original card company.

 

I got back a letter saying that they didn't have the CCA and that I should take the request to the credit card company.

 

Now, from reading this forum - but I can't find it noiw - I believe that to enforce the debt, the DCA should have a copy of the CCA. Am I right and, if I am, does this mean I can write to them telling them to go away? I presume that if I do this they'll then return the debt to the credit card company and I then CCA them.

 

Any help gratefully received and if there's a letter template for this please let me know.

 

Thanks in advance.

[cerberusalert]

Now, from reading this forum - but I can't find it noiw - I believe that to enforce the debt, the DCA should have a copy of the CCA. Am I right and, if I am, does this mean I can write to them telling them to go away?

yes and yes, send the muppets this;

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[TryingToGetEven]

Thanks, found that template earlier, but it says '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.'

 

As the original CCA wasn't with them, they'll never be able to provide me with something they signed. Might be being stupid here, so if I am please put me right!

[42man]

They will try and get a judgment on you in the hope that you don't know your rights and some of the law.....and for the uninformed they will get the judgment if undefended..... - You might like to try this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[TryingToGetEven]

42Man, thanks for your input too. Haven't got the letter the DCA sent to hand, but they said that they didn't have a copy of the CCA and that I needed to get that from the original credit card company.

 

Reading the link you sent, it suggests that's for when they do send something but not what you asked for.

[42man]

You can send that instead of making a CCA request (and it is free too).....

[TryingToGetEven]

Ah, thanks I understand.

 

But as I have made the CCA request and the DCA have admitted they don't have it by saying I need to ask the credit card company, they are in default and can't chase for payment, so I need to send the letter that cerberusalert pointed me at.

[dpick]

Hi send this to DCA

 

Address

 

Date

 

Dear Sir/Madam

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.

 

Yours faithfully.

 

 

 

dpick

[TryingToGetEven]

All, thanks for your help. Letter going off later. I'll be back..!

[TryingToGetEven]

Righ then, got letter back from the DCA saying that they have complied with my request for the CCA as they told me to get it from the Credit Card Company and not them and also because they returned my £1.

 

My guess is that I should now send the letter suggested by dpick above. Can anyone confirm this and / or offer further advice please.

 

Thanks in advance.

[cerberusalert]

My guess is that I should now send the letter suggested by dpick above.

Yes, it's their responsibility to provide the CCA. You could also make a complaint to Trading Standards & the OFT.

[TryingToGetEven]

Yes, it's their responsibility to provide the CCA. You could also make a complaint to Trading Standards & the OFT.

 

Cerberusalert, thanks, will send a slightly edited version of the letter - mainly because they did return the £1.

 

I'll leave the OFT and Trading Standards for now...unless you think I shouldn't of course!

[cerberusalert]

Obviously it's up to you whether you complain or not, but they are in breach of CCA 1974, besides it's always nice to keep the TS & OFT informed of the mischief these DCAs get up to.

[TryingToGetEven]

In that case I will!

 

Thanks again, your help is very much appreciated!

[TryingToGetEven]

Back again!

 

Have had some interesting letters from the DCA. They kept insisting that it was me that had to request the CCA from the Credit Card Company, depsite my sending the letter (and a modified version) by dpick above.

 

Received another letter from them on Friday where they seem to have given up on that line of attack and now are simply saying that as I've missed payments - beacuse they can't enforce the debt! - I need to pay up now or they'll send the boys round.

 

I'm going to reply to them again pointing out that as they're in default of the CCA request, they can't enforce the debt and that trying to do so is illegal, but I think I need to up the ante a bit too. Who should I write to to complain about this DCA? They are members of the CSA so that's one place and Trading Standards too I guess, but anyone else? Given they're still harassing me for the money, who do I write to to complain about that?

 

Any help, as always, gratefully received.

[TryingToGetEven]

Sorry, additional question. Found a letter in the templates that tells Baliffs that they don't have your permission to come round - revoking common law and all of that. Does this apply to DCAs too?

 

Any help appreciated.

[cerberusalert]

Send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

[TryingToGetEven]

Cerberusalert,

 

Thanks that was the letter I'd seen and was wondering about. Will add that to the bottom of the letter I'll be sending them to point out - yet again - that as they haven't produced the CCA (which by their own admission they don't have!) they cannot enforce the debt.

 

Who can I complain to about these muppets - Newman - OFT, CSA, Trading Standards, anyone else? And is there anywhere on this site that I can find the addresses I need?

 

Thanks again for help received and in anticipation of future...

[cerberusalert]

Trading Standards = Consumer Direct - Contact us

 

OFT =

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[TryingToGetEven]

Cerberusalert,

 

That's brilliant! Thank you so much.

[TryingToGetEven]

Back again!

 

Following my last letter to them, the DCA have replied and repeated that they've told me to go back to the original creditor for a copy of the CCA!

 

I presume - but would appreciate someone confirming please - that this is correct:

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

They've also said that the cheque for £1 that I sent when I made the original CCA Request has been 'applied to my account'. This isn't allowed is it?

 

Best bit about that £1 cheque is that it was actually a postal order...and they returned it!

 

As always, thanks in advance of any help received.

[Mitch524]

No mention of doorstep visits after the letter you sent them ?

Did you get any answer from TS or OFT when you contacted them ?

[TryingToGetEven]

No they've seemingly given up on the sending the boys round option. Complained to CSA as well as TS and OFT. CSA have written back saying they've contacted the DCA and I will get a copy of the letter the DCA sends CSA.

[TryingToGetEven]

Just a quick update... Thanks to the complaint to the CSA, the DCA have written saying they're carrying out an internal investigation and will not be chasing for any payments until this has been done!

[42man]

According to their own 'trade' body they have to comply too - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158567-2008-regs-csa-codes.html#post1696392