Why a 2nd DCA for Same Account

[loring]

I have been paying a DCA a token amount for an account which was defaulted in 2000. I am still paying to date and have no missed payments.

In June 2010 I recieve a notice from another DCA offering me "a great offer" to save myself 80% by paying them before the end of the month. I noted they had also added £3000 to the account.

I did not take the offer up and I sent them a CCA request for the agreement and the supporting agreement and a request for the notice of assignment from the original creditor to them authorising them to collect.

Last week I received a response with a copy of the application form and a long story about how they were in contact with the original creditor in an effort to obtain the remaing documentation. They advised me "they had purchased the rights to recover the outstanding balance due under the original agreement". They have given me 14 days to make proposals to pay them . If I do noy the account will be passed to their collection division for further action. They have added another £5000 to the account. the account was defaulted at £5500.

I have written to them again for the notice of assignment and the outstanding documentation From the CCA and for the Default Notice.

I have written post this in a manner which should not identify the account.

I am 99.99% sure the copy of the agreement they have sent is unenforceable.

Could somene advise me as what I should do next, should I wait to see what they send me in reply or shou I write to them and say the acount is unenforceable or I have missed something.

loring

[cerberusalert]

I'd be tempted to send them Scotts letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2010 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[loring]

Hi Cerberusalert

Thanks for the reply,you were quick off the mark with your response. Yesterday I sent them a letter with a lot of stuff about Data Protection, the account in dispute getting confirmation the original creditor has the original copies of docs. The bit I did not put in was about not adding interest. Should I send that now seperately. They seem to adding interest at 80% per month for the past 2 monthsmonth

loring

[cerberusalert]

Unless it specifically states in your original contract they cannot add interest or charges. See what they send back before you send the letter above.

[loring]

bump

[loring]

Site team

Could you please move this threasd to the Debt Collection forum

Thank you

loring

[steven4064]

I've moved it to the debt collection industry forum - hope that is what you meant

[loring]

Thanks Steven,

You have got it right sorry for the confusion. just my confusion

loring

[loring]

Got the response from Ativ Kapital todayand quote

" the original creditor is unable to is unable to provide the information you requested and we will cease all further debt collections whilst we are not in possession of such documents"

I expect them to sell it on so I will keep my letter for the next DCA.

Loring

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[fuzzybobble]

I have had some which have gone to seven or eight different DCA's. Rinse and repeat.

 

Yep same here. Must do a little montage of DCA letterheads one day. There isn't many of them who I haven't had the pleasure of yet.

[harrassed senior]

It is amazing just how many you get, I was sorting through old paperwork yesterday and was very surprised to see that there were loads of them I have heard about on here, and never thought I had heard from them, but I had!!