Is This A Valid CCA? They Say Yes - I Say No

[ScarletPimpernel]

Yet another unenforceable Capone agreement.

 

Send them a letter pointing out that (if this is all they sent) that whilst they have failed to comply fully with your request, from what they have sent the agreement is clearly unenforceable, and therefore the alleged debt is in dispute. Remind them that the OFT Guidance obliges them to cease all collection acivity in these circumstances.

[ScarletPimpernel]

 

I was hoping, as it was clearly unenforceable, that they would have no rights whatsoever to have recorded any information and so they should remove any data that they have added.

 

This would be ideal, but unfortunately the CRAs will record any old rubbish that DCAs send them.

 

I certainly wouldn't offer them any money at all. What tends to happen is that Capone will pass it round a few DCAs, to each of whom you'll send the dispute letter. They'll make lots of threats but Capone know that these agreements are Andrex. Eventually, Capone will sell it to Lowell or a similar bottom-feeder, and they will start. In my case Lowell used Fredrickson - big on posturing, but all mouth - who binned it after one letter, and then nothing.

[ScarletPimpernel]

I've never seen an enforceable Capone agreement, so the chances of them producing one are remote. That's probably why they've sold it.

 

Send the dispute letter, and see if they come back with anything else.