Mystery Of the missing 6 months Advice Please

[summerbreeze]

Heres the bare basics

 

I got into financial difficulties

 

S77/78 request sent to OC and written reply received saying no CCA or Tand C available sorry.

 

account put into dispute

 

SAR sent and same response No CCA , No T and C

 

Loan was defaulted and sold before remedy date.

 

Received letter from OC saying was sold to DCA 1 based in south

 

Nothing whatsoever heard from DCA 1

 

6 months later get letter from DCA 2 based in north saying we own this debt ... pay up !

 

What is the best thing to do

 

a] ignore

b] send bemused letter

c] send s77/78 CCA request

 

I would appreciate comments and thank you

 

Summerbreeze

[reallymadwoman]

if you must reply (and should it ever get to court you would probably want to seem as reasonable as possible) the bemused letter sounds best, but I always add a bit saying I'm not prepared to enter into correspondence until the dispute with the original creditor is resolved.

[summerbreeze]

Hi RMW

thanks for the reply

I havnt sent any response as yet .

[summerbreeze]

I am really wanting to avoid proceedings as have a lot on my plate at the mo

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192837-help-please-court-papers-21.html

[reallymadwoman]

Which DCA is it - i.e. are they more likely to go away if you give them a bit of detail on the dispute or if you just ignore them?

[summerbreeze]

Hi RMW

I really dont want to put their name on here but the new DCA is well known on here but heres a clue

2 words

1] opposite of lazy

2] London is the ....... city of England

 

[reallymadwoman]

OK, your choice but I might be tempted to write the bemused letter adapted to include the fact that there is no agreement so OC haven't complied with CCA request therefore account in dispute.

[summerbreeze]

Hi RMW

Thank you I will construct a letter.

 

Might you have chance to look at my other thread? Link above as I need some advice there also

[reallymadwoman]

I am subscribed to that thread and I'm following it, but I've never had to do the court thing so can't help.

[summerbreeze]

I am subscribed to that thread and I'm following it, but I've never had to do the court thing so can't help.

 

Thank you anyway RMW

[summerbreeze]

UPDATE ** and advice needed please

 

More than 2 years later and I still have never responded to DCA2 's letters or phone calls .

 

I have a new phone number now so dont get any more calls and have moved address but do get my forwarded post.

 

DCA 2 have sent many requests for me to settle on various ' deals ' with ever decreasing amounts. I have ignored them.

 

I have never received any notice of the sale of this account to DCA2

 

Now I have received a tracing letter followed by a Formal demand from a well known [ on Cag ] firm of solicitors on behalf of DCA2 threatening Legal proceedings.

 

I have never sent a sect. 77/78 request and I know for sure there is NO documentation and no CCA and have a letter from the OC to confirm this.

 

Should I write to the DCA2 or their tame sols or should I send a 77/78 request ?

 

Any advice gratefully received and thank you

[reallymadwoman]

From what you've read elsewhere on the forum are these solicitors likely to issue proceedings?

 

If the answer to this is yes, then it would probably be wise to write a fairly straight forward letter informing them of the dispute with the 'alleged' original creditor and the lack of documentation, but clearly state that you do not acknowledge any debt to their client so that you can raise the assignment issue as well if necessary. I don't think sending a s77/78 request at this stage would do anything other than potentially annoy a judge since you clearly know there is no documentation.

 

I know you don't want to name names, but it would be helpful to have an idea of the approximate amount involved, i.e. is it small claims?

[summerbreeze]

Hi RMW and thanks for answering

The Sols are Bee Cee DoubleU . I am a bit out of touch [ have been caring for seriously ill OH ] so not sure if they mean business or not.

 

The amount is over £5K but less than 15K

[reallymadwoman]

I'm also a bit out of touch on DCAs and their pet solicitors, however the letter I suggested won't do any harm and might make them go away. If you're on a very low income/benefits it might be worth adding at the end 'in any event my income is less than xxx per month and I have no surplus with which to pay any alleged debt'. That might give them the idea that they could go to court but they're not likely to get much back and it is going to cost them.

[sillygirl1]

BCW are a low life 'solicitors for rent' so they rarely make a fuss if you get them to provide the paperwork they should have.

 

Last hope chancers along with Moorcroft, Westcot and Robinson Way.

[summerbreeze]

How about this letter ..... and thanks for your input

 

 

I do not acknowledge any debt to your company

Your ref .xxxxxxxx

I refer to your recent letter.

The account concerned is in dispute and has been so since xx xx xxxx

As xxxxxxxxxxx [ o/c] are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

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

In light of the complete absence of any enforceable documentation and after taking advice I am concerned over your persistent attempts to pursue payment on an unsubstantiated debt in defiance of OFT guidelines and the Consumer Protection from Unfair Trading Regulations [ CPUTR] 2008.

I am unable to consider any settlement figure offered by yourselves or any other company until proper documentation is forthcoming.

Under the circumstances, I will regard any further correspondence as harassment and your company will be reported to the appropriate Regulatory Authority without any further notice.

 

I do not give you or your associate companies or agents permission to call at my address and any attempts to send field agents to my address will be regarded as trespass and the police will be called.

 

 

Yours faithfully

[rebel11]

Thread moved to correct Forum.

[summerbreeze]

Thank you

[reallymadwoman]

Personally I would keep it very simple and not go into any detail. Just say your s77/78 request remains outstanding and the OC have admitted in writing that the documentation does not exist. I wouldn't bother telling them the law - they are solicitors and should know - and I would simply state that you won't enter into further correspondence. I think if you start making threats it might appear confrontational and just wind them up. Also remember the golden rule - everything you write could end up in front of a judge whom you want on your side so always appear very reasonable.