Help Needed - NCO DCA

[stokeybird]

Hi guys I need some help think I may have srewed up, I sent this letter to NCO on the 8th August to which I've had no responce to I need to know if this was the right letter to send because when they phoned chasing me for the money yesterday I explained that I wouldnt deal with them until id had a responce to me letter and when I tried explaining the case law that supported my letter the guy on the phone said "your having a laugh arent you" and "you dont know what your talking about" after him getting very arsey with me I once again stated that until I got a responce to the letter I wouldnt speak to him or NCO any more to which he said "we'll see what happens when a bailiff turns up at your house" and he hung up on me.

 

Heres the letter

 

With reference to the above agreement, and a call made to your office today I

must request that you supply me with the following:

 

1. A true copy of the alleged agreement you refer to. This is my right under

your obligation to supply a copy of the agreement under the legislation

contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum

credit) - your obligation also extends to providing a statement of account. I

enclose a £1 cheque in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced

agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you

are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and

will result in a report being submitted to the relevant statutory authorities.

 

I look forward to hearing from you.

 

What I need to know is was I right in sending this letter and demanding a reply or was the rude man at NCO right and I didnt have a clue about what I was talking about. I really need help with this as i dont want bailiffs turning up to my mums house

[Stopthethieves]

Who is the creditor? Are NCO collecting on behalf of a creditor???

 

If so, the letter should be going to the creditor and NOT the DCA.

 

Regarding Bailiffs, quite a distance from that it would seem so you can breathe easily.

 

Regards

[stokeybird]

NCO are acting on behalf of Barclaycard, and rats got confused with it all.

 

Oh well on the upside ill be filing a moneyclaim next week for Barclaycard, so alls not lost I spose. Thanks

[jimfishybob]

Who is the creditor? Are NCO collecting on behalf of a creditor???

 

If so, the letter should be going to the creditor and NOT the DCA.

 

Regarding Bailiffs, quite a distance from that it would seem so you can breathe easily.

 

Regards

 

 

This depends on whether the DCA has purchased the debt or whether they are merely acting on behalf of the creditor.

 

In reality it doesn't really matter as they are chasing you for money and you have a right to ask them on what grounds they are doing it. (see paragraph 3 of the CCA letter).

 

And the geezer on the phone sounds like a div. If they call again don't get drawn into an argument, just explain that you'll only deal with them in writing. If they refuse, formally request it in writing under the Wireless and Telegraphy Act (1949), explaining that any further calls will be reported to the relevant authorities.

 

As far as bailiffs go, he probably means a 'Doorstep Collections Agent' or whatever they call them these days. This is an empty threat as the only power they have is to knock on your door and ask to speak to you about it. You just re-state the above and he has to go away.

 

I would also request a transcript of the telephone conversation you had with him under the Data Protection Act, (not sure which bit, working on it), they will either provide it, in which case you may have an argument for harrassment or they'll say it wasn't recorded, (probably the latter), which means they can't produce it at a later date.

 

Lastly, I would write again, explaining that they are in default of your CCA request, that the amount is at present unrecoverable and that in X days they will have committed an offence and you will have no option but ot report them to relevant authorities.

[Stopthethieves]

Just what I was getting at...., don't think I made it clear!

 

I wouldn't bother with DCA collecting on behalf of, I deal with the creditor only!!

 

I knew someone would expand on it.

 

Regards

[stokeybird]

thanks guys that was what I was getting confused with (NCO now own the debt by the way)so as of next friday (30 days) they cant chase me for the debt anymore is that right? this is what I was trying to tell the bloke.

 

I've also written a formal complaint to them about his as he was very rude and unprofessional, its a good job im quite a tough person otherwise id have been in tears he was very intimadating!!

[jimfishybob]

thanks guys that was what I was getting confused with (NCO now own the debt by the way)so as of next friday (30 days) they cant chase me for the debt anymore is that right?

 

Pretty much. Its 12 days for a default then another thirty days for an offence, so, in total they have 42 days from reciept of your request.

 

This doesn't absolve you from the debt but it does mean they can no longer enforce it until they produce the documents. You can report them. You can sue them and get a judge to insist they produce the docs...etc....

 

Basically, the ass kicking shoe is worn on the other foot.

[jimfishybob]

P.S. Don't worry, you're doing everything right, just be careful not to get drawn into phone calls.

[Stopthethieves]

Pretty much. Its 12 days for a default then another thirty days for an offence, so, in total they have 42 days from reciept of your request.

 

 

 

Can we clarify:

 

I was under the impression they have 12 WORKING days which could mean anything upto 3 weeks in reality.

 

I was under the impression they have a CALENDAR month which could mean anything between 28 and 31 days.

 

 

Can someone confirm from the act whether the above is correct and if not exactly what is!!!!!

 

 

Regards

[jimfishybob]

Will need to check files when I get home. Will let you know.

[NailPost]

quote

"Pretty much. Its 12 days for a default then another thirty days for an offence, so, in total they have 42 days from reciept of your request."

 

NO!!!!!

The clock starts ticking the day the request is received - always send such requests Recorded Delivery. Requires a signature and the Royal Mail will provide notification of delivery online and for a fee will provide a copy of the signature.

 

The 12 working days apply Mon-Fri although some call centres work Saturdays too and some even on Sundays. So a letter sent on Friday, September 1 would be received on Monday, September 4. The receiver would have until Tuesday, September 19 to reply.

 

The calendar month starts at the same time. So if no response is made by October 2 they are in default and a criminal offence is committed for which the maximum penalty upon summary conviction is a fine of £2,500.

[jimfishybob]

I beg to differ:-

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement;

and

 

(b) if the default continues for one month he commits an offence.

 

i.e. the default begins on day 12. (though I can't find a reference to 12 days either, not sure where this has come from, I interpret the act as giving 7 days which I think has been distorted on the forums to giving 7 WORKING days which could in theory become 12 days in total)The offence is for being in default and the default has to continue for 1 month before an offence is committed.

 

Though I appreciate it's possibly open to interpretation.

 

Further to this, section 78 contains no mention of 'working days'.

[stokeybird]

right ok so as of Friday (the 30th day) they have commited an offence and I can report them?

[sequenci]

i always thought it was 12 working days, but now you mention it, it isn't very clear at all!

[jimfishybob]

Will speak to the relevant bodies on Thursday and try to get some clarification.

[jimfishybob]

right ok so as of Friday (the 30th day) they have commited an offence and I can report them?

 

We need to qualify when the default starts, as the request has to be in default for a calender month before an offence is committed. I'm almost certain this is 7 days after reciept but I would wait for confirmation, (which I should have by the end of the week). Either way Friday will only be thirty days from when you posted the letter and NOT the start of the default.

 

So, no, is the simple answer.

[jimfishybob]

Ok, it's taken me all freakin' night but I found it.

 

It's covered by the Consumer Credit (Running-Account Credit Information) Regulations 1983, (si 1983/1570).

 

It is 12 working days, then one calender month following the 12th day.

 

A working day is Monday-Friday excluding Bank Holidays, Christmas etc....

 

Stokey, in your case we can assume the request was recieved on the 9th, (you did send it recorded didn't you?), consequently they were in default on the 25th. Therefore, as of the 25th the debt becomes unenforceable. On the 25th of September they will have committed an offence if they have still not provided it and that's when you report it.

 

I hope this clears up any confusion.

[stokeybird]

Thanks you a star!!