Which Letter for Mobile Phone Debt When Requesting Contract from DCA

[bh486]

Hi.

I understand that mobile phone contracts aren't CCA's so what sort of letter should I be sending to a DCA who tells me I owe them money.

 

Can anyone help?

 

Thank you!

[hev106]

Hi bh486, I too was looking for what letter to send them and having read several posts on here it appears as you say that a mobile contract is not covered by CCA and guess what I sent a CCA letter off to one particular DCA and have this morning got my postal order and a letter back saying just this. It appears that an SAR needs to be done so off to the post office to get another £9 worth of postal order to send with the SAR letter. Problem will then arise if they do not respond to this.................where do I go then??????? I hope that others on here will answer that SAR is the next move as that is how I read the advice??

[babybear39]

The SAR should go to the original creditor. Tell the DCA to bogoff as you're disputing the account and awaiting a SAR response.

[hev106]

Baby bear, what if the account is not in dispute but is actually owed but due to head burying in sand, has never been paid? surely the SAR would have to go to the DCA? This is my daughters debt (which I found amongst several others) and is one of two she has with O2! Are you saying it should to to O2? Also as the p.o. sent to the DCA was returned I take it she cannot get this money back by cashing the p.o (its crossed and payable to the DCA)(hey I know its only £1 but £1 is £1 after all when you aint got anything!) Cheers

[babybear39]

The SAR to the OC will give ALL information on the account(s) but you MUST specify what you want. The DCA can wait while she checks everything is in order.

[hev106]

Hi Babybear sorry its been a while since I got back to you,sent the SAR to the OC but still being hounded by DCA? Also 2nd mobile phone debt Moorcroft have sent a letter back with the p.o. attached saying - and I quote - "Please note certain accounts are excluded from compliance with Part V of he CCA or are not in fact credit or hire agreements and WE BELIEVE that our client's account falls into one of these categories" Now if they dont actually know does this mean she can tell them to take a running jump? And for the record the 12+2 days was up on 19 Nov however their letter is dated 10 Nov recieved today, now I know 2nd class post can be slow but come on 1 day short of two weeks to get here!!

 

So basically what do we tell the DCA that is hounding her whilst she waits on the OC responding to the SAR? What does she do about Moorcrofts response.

 

FYI - She has spoken to CCCS and guess what after all priority bills (incl arrears) food and rent is paid she has the grand sum of £3 a month spare!!!!!!!!!!! Love to know how she is supposed to pay off the £2k non priority debts she has! Blood from a stone and all that

 

I look forward to your guidance etc once again

[hev106]

Hi Sorry forgot to add that the letter from the DCA asking for payment despite the fact that we are waiting on a response from the OC to the SAR is headed "LEGAL NOTIFICATION" and then goes on to say despite repeated requests blah de blah for payment it remains outstanding (no kidding sherlock) Accordingly documents can now be prepared for the issue of a claim against you in your local court, once judgement or decree has been granted the following can take place................it then goes on to say costs etc and interest can be added (lets just make the situation ten times worse while we are at it why dont we), name entered in the court records (probably there already with all the other debts) credit worthiness being affected (it cant get any worse!) and then if there is still non payment - attachment of earnings (they obviously want the whole £3 spare), seizure of assets (well a ten yr old tv and a held together with sticky tape PS1 (kids) is going to pay the debt I dont think) so call us NOW to make immediate payment. Are these guys for real FFS. You cannot get any lower than the place my daughter is in and if they want the spare £3 she has each month then take it, it means the other two outstanding debts that are non priority will get zilch. Sorry for the rant but am worried about the prospect of them doing the court thing whilst we wait on the OC answering the SAR - believe there is no time limit on that? Advice as to how to respond to DCA??

Edited November 25, 2010 by hev106
to correct spelling

[babybear39]

Short sharp letter to moorc@p telling them to go forth whilst the alleged account is in legitimate dispute with the OC. Report them to TS, the OFT and the CSA for breaching OFT guidelines, the CPUTR 2008 and the CSA code of practice, copying morons annon. in to the complaints of course