Credit Management Pays

[skyblue2027]

Hi all,

 

I am paying £5 per month for a payday loan which was passed off to this company 5 months ago. Out of the blue this morning they emailed asking for proof of creditors etc. The debt was frozen at £350 but upon talking to this DCA, the OC had added on further charges for passing off to CPP for collections. the DCA have confirmed they do not own the debt but have not put any interest on since i have been paying.

 

OK, i have not sent a CCA request etc as yet but will be firing one off today to see if they are authorised to collect.

 

To challenge these charges, do i ask for a SAR from the original creditor as this loan was rolloved over several times? in the next couple of months i want this paid off.

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[skyblue2027]

will do. If i goes back to the OC, i take it i will need to get a subject access report to work out their excessive charges?

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[skyblue2027]

well, i have a reply! it must be the worst photocopy i have seen but the CCA looks fine (will scan on tomorrow so you guys can check).

 

The DCA are asking for £400 but the original amount plus original interest was only £130. i have paid £20 already to this DCA. This debt was rolled over several times.

 

what should my next step be? should i offer a payment of the original amount or get a SAR and use the rollover fees aswell to determine a F@F or just deal with the OC?

 

Im unsure of what to do next.......

[skyblue2027]

here is the CCA:

[Bazooka Boo]

If it is as illegible as what you have posted, then it will be unenforceable due to the illegibility of the document.

 

Wait until they are out of time (12 days from when they received your CCA request) then send them the account in dispute letter, in the meantime I will try and dig out the relevant legislation regarding the legibility of the documents for it to be enforceable...

[skyblue2027]

Hi Bazooka,

 

thanks for your quick reply. the copy is as bad as the image you can see. Obviously i have blocked out my details.

[fuzzybobble]

That's as bad as the one Direct Line sent to me. Also 3 of their DCA's sent me equally bad copies, so it's likely they don't have an orignal, only an illegible photocopy. In court they would need the original. If they had it, they would have no problems providing a good quality copy of the original documents.

 

The judge may accept a photocopy and also bear in mind that a scanned copy can be accepted as an original copy. However, if this were to occur you could raise the issue that in order for the scanned copy or photocopy to be valid as a 'true copy' the company would have implemented and comply with BIP 0008, the BSI Code of Practice for Legal Admissibility and Evidential Weight of Information Stored Electronically and/or BS ISO 15489 Records Management. As they have only an illegible photocopy, it's likely they won't be able to prove it complies with the above requirements.

[Bazooka Boo]

This is not exactly what I was looking for, but it states the point that any docs they send must be legible.

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed

agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety

under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

 

TBH if you want an early end to the letter ping pong, then a SAR would put this to bed, as if they fail to have the original in that request, then they are extremely unlikely to ever have an enforceable agreement at all..

[skyblue2027]

Hi Bazooka and co. thanks for your time looking at this for me. So, I send a SAR and they dont reply, will this go back to WDA and what happens next?

 

i dont mind paying what i owe but ive paid many rollovers so just wantot get this cleaned up.

 

thanks for your help so far.....

[Bazooka Boo]

WDA??

 

Youv'e sent them a CCA request and that is their reply, sending an illegible document, so firstly i would send the the account in dispute letter when they are out of time (12 working days from receipt of your request)

And withhold all payments, until such time as they can and do provide an enforceable CCA.

 

If they then are foolish enough to threaten legal action by way of courts, then you can either SAR (£10) them, or using the CPR 31.14 request they provide you with all the documentation they intend to use in court to enforce any judgement, either one should flag up if they do indeed have an original legible copy of your agreement.

 

Which begs the question, if they do indeed have said agreement, why not send it to you when you first asked for it? After all they want your money so you would like to think that they will comply with your request...unless of course as is most likely, they don't have anything.

 

Account in dispute, withhold payment, then if they flog it onto another DCA, you can tell them that it is in dispute with XXXDCA and pass it back.

[skyblue2027]

OK Bazooka. thanks again.new to thsi game so i will follow your advise. i take it the letter you are referring to will be in the CAG library?thank you.

[Guest]

WDA??

 

..........If they then are foolish enough to threaten legal action by way of courts, then you can either SAR (£10) them, or using the CPR 31.14 request they provide you with all the documentation they intend to use in court to enforce any judgement, either one should flag up if they do indeed have an original legible copy of your agreement. imo, cpr 31.16 (not 31.14) is used when legal action is threatened/likely. 31.14 is used re inspection of docs when there is a satement of case etc............

..

Edited June 23, 2010 by Ford
typo

[skyblue2027]

thanks Ford. ill wait til the 12 days ends then send the dispute letter.forgiveme for being lazy, cansomeone provide me with the link? i cannot find it.cheers

[Bazooka Boo]

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

[skyblue2027]

well, update on this one. dispute letter sent once the 12 days ended. ive had a coupld of missed calls and an email to call the DCA office.

 

wonder what their next move will be......

[harrassed senior]

Doesn't matter, they can threaten all they like but they cannot enforce this alleged debt in Court without a legible Agreement.

[Bazooka Boo]

well, update on this one. dispute letter sent once the 12 days ended. ive had a coupld of missed calls and an email to call the DCA office.

 

Don't they understand 'all communication in writing only'?

[skyblue2027]

certainly dont!

[Bazooka Boo]

Keep a diary of events with a view to making a formal complaint about their harassment to your local Police station.

[skyblue2027]

OK, update in this one. the 14 days is up from the dispute letter. no CCA and no confirmation of the complaint/account being in dispute.

 

are there any further letters i need to send or do i just leave as it is?

[Bazooka Boo]

Leave it be for now, they know the law. If they choose to ignore you, then more fool them, wait and see if they pass it onto another DCA.

[skyblue2027]

will leave it for now and see if it gets passed back to OC or to another DCA. Cheers Bazooka for the advise.

Edited July 21, 2010 by skyblue2027
spelling

[skyblue2027]

still no CCA and receiving calls at work.

 

email sent:

 

Dear Sir/Madam,

I note you have tried to call me at work today.

As per my last letter, I need all in writing and do not wish for any telephone calls at work. Any further attempts and I will log a complaint with the OFT for harassment.

On xxxxxxx you have signed for a letter I sent advising the account is in dispute as you have not sent me a true copy of my credit agreement. My account is in dispute until you can send me the said document.

I look forward to your reply in writing.

Kind Regards