I sent a CCA request over a year ago and now they have passed the debt on...

[kp278]

hi, i sent cca request over a year ago. i received something, but i dont think it was the complete cca with all the info.

 

i've just received a letter from another company acting on behalf of the original dca.

 

should i send a cca dispute letter on the back of the original letter, or start afresh and ask for the cca again?

 

thanks, kris

[cerberusalert]

Did you put the a/c in dispute when they failed to produce the complete CCA? If not request it again from the new DCA.

[debt4get]

if you put the original account in dispute you can send em this...

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest 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.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[kp278]

hi, thanks both, no i don't remember putting it into dispute. i'll send another cca request to the new dca and i'll keep this thread updated. thanks

[kp278]

hi, ok, the cca request was delivered on the 8th and today is obviously the 20th. i seem to recall something about a 12 day limit. is that 12 working days or calendar days?

[cerberusalert]

working days

[themagician]

after the 12+2 days exspires you must send the acc in dispute letter as this is not automatic,cheers.