"Debt" for a service not covered under CCA?

[inbredyokel]

Hi everybody!

I have been approached by a DCA for a debt I don’t know anything about.

They claim I owe this money for a five year old phone bill, which I have never heard of.

After perusing the many many pages of sagely wisdom on here, I sent off a pre-written letter to the DCA asking them to provide documentary proof of the debt.

The DCA have come back and stated that as the “debt” is for a service; it is therefore not covered by the CCA; and so they don’t have to provide documented evidence of this debt.

My take on this, is that anyone (pretty much) can knock a letter up and state that anyone owes anyone money and pursue them for it.

I’m sort of sniggering at this, although not too much as I am probably on a blacklist (I’m still awaiting a credit report).

This cannot be legal, but it doesn't seem to slow them down.

 

I’m hoping for advice along the lines of: “cut and paste this document here”, type…but after reading a few pages on here about the conduct of some of these shysters: the old “attach the mercury tilt switch and dynamite to their car” doesn’t seem like such a bad idea for resolving problems.

[cerberusalert]

They may not have to produce an agreement but they still have to produce evidence of the debt.

 

Did you send this letter from the library? http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[inbredyokel]

No, I sent a copy of a much longer (sorry I haven’t got the link) - “You have contacted me regarding the account with the above reference number, which you claim is owed.

I wish to point out that I have no knowledge of any such debt being owed.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with 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 £1 in payment of the statutory fee” etc etc.

I will copy and paste the link you have given me today, and hopefully that will be the end of it.

I will update on their reply, many thanks

Out of curiosity, is communication via email to these maniacs any less valid than snail mail?

[cerberusalert]

Out of curiosity, is communication via email to these maniacs any less valid than snail mail?

No.

 

It's acceptable for courts and solicitors all the time.

[dx100uk]

what DCA and mobile phone co & how old?

 

dx

[inbredyokel]

Its Orange and the "alleged debt" is on offer from Close Credit Management Limited, and dates from (according to them) March 2006.

[The Mould]

Its Orange and the "alleged debt" is on offer from Close Credit Management Limited, and dates from (according to them) March 2006.

 

If you have had email correspondence with the DCA or their email address is listed on their letter to you, then service by way of email is acceptable.

 

Request a copy of the 'bill' that they rely upon in support of the said allegation against you, send by email (if applicable) and request their response by return.

 

Kind regards

 

The Mould

[inbredyokel]

Thanks for the help folks - I will let you know how this pans out.

[inbredyokel]

Allo again folks,

I’ve been away with the job and I have returned to the UK.

Awaiting me was the “proof” from Close Credit Management and their “client”.

It’s hilarious…I could knock out a better construct on my laptop.

It has my name next to an amount…and that’s it.

There’s nothing with my signature, no address, there’s nothing on it except my name and an amount with an Orange Logo.

I can’t see how anyone could consider this as proof of anything…it’s a low quality deskjet doodle, frankly MS Office would do a better job than this.

I really feel like getting on phone and telling these chimps to get lost.

Anyone got any ideas?

[BRIGADIER2JCS]

Tell them to get stuffed, service agreement or not

you still can ask for a copy of the agreement they

claim to be enforcing:madgrin:

[martin g]

Hi,

Did they send your £1 back?

If not send them a letter before action and if they fail to refund put in a county court claim.

That should pee them off.

 

Martin g

[BRIGADIER2JCS]

Claims like that really pi*s judges off.

[inbredyokel]

They have returned the postal order.

I think I can consider this one finished and put to bed…but if these muppets bring up anything else I’ll put it up on here.

Thanks for the all the advice folks.