CCA request rejected by DCA. Contravention of S175?

[Artie44]

Please can I get some advice on this topic.

 

Other half has a £5K Credit Card debt from 2002

Financial difficulties lead to payments less than the minimum demanded.

Account terminated 2010. Payment since then of a token £5pm on the advice of CCCS

 

A DCA says they have been instructed by the Original Creditor to collect the balance on their behalf.

We sent a CCA request to the DCA with £1 fee. They returned it saying that the OC has instructed them that as they are not the creditor the request must be sent direct to the OC.

 

We returned the payment to the DCA and reminded them of their duty under S175 of the Consumer Credit Act that where they are acting for the OC they are responsible for dealing with the CCA request. We made it a Formal Complaint but got no response. After two weeks we chased up the complaint. They didn't reply to it but returned the payment for a second time, repeating that they are not the creditor, however this time we have the option of sending the payment to the DCA but made out to the OC and they will pass it on to the OC.

 

Now I am not sure if we are doing the right thing by insisting that the DCA deals with the whole request. Are they being reasonable asking for the payment to be made out to the OC?

[Bazooka Boo]

The DCA has done the bare minimum in respect of complying with the CCA request, correct they don't have to supply it, or even forward your request onto the OC, however this is a good indicator of just how childish the DCA is and that they will be as equally stubborn in the future.

 

Send the CCA request direct to the OC, and have no further dealings with the DCA (who is it by the way?) inform the OC that their chosen third party DCA is incompetent and unprofessional, and as such you will not deal with them or any other circus outfit they choose to use, you will only deal with themselves.

[Artie44]

Thank you BB but forgive me if I say it wasn't the answer we expected. I viewed other topics and found this from the Consumer Credit Act. I thought that if the DCA is acting on behalf of the creditor and demanding the whole debt is paid, the debtor has the right to request the CCA from the DCA and the DCA must comply.

 

"S175. Duty of persons deemed to be agents.

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith."

 

Can someone please clarify this point as it seems to be important. We don't want to refuse to deal with the DCA if they are correct that the payment must be made out to the OC. Shouldn't they also reply to our Formal Complaint properly?

 

My OH says not to reveal the name of the DCA yet until this is sorted out.

Edited August 8, 2011 by Artie44

[PriorityOne]

The DCA has done the bare minimum in respect of complying with the CCA request, correct they don't have to supply it, or even forward your request onto the OC, however this is a good indicator of just how childish the DCA is and that they will be as equally stubborn in the future.

 

Send the CCA request direct to the OC, and have no further dealings with the DCA (who is it by the way?) inform the OC that their chosen third party DCA is incompetent and unprofessional, and as such you will not deal with them or any other circus outfit they choose to use, you will only deal with themselves.

 

That's a new one on me as well BB..... where did you get this from?

 

Artie.... is this Fred. International by any chance?

[Bazooka Boo]

I engaged my bratty fingers before I engaged my melon head!

 

What I mean is that a third party DCA can turn round and tell you that the CCA request must be sent to the OC.

 

Some will auto forward on your request to the OC, but others will do diddly squat just to frustrate the whole process for you.

[PriorityOne]

I engaged my bratty fingers before I engaged my melon head!

 

What I mean is that a third party DCA can turn round and tell you that the CCA request must be sent to the OC.

 

Some will auto forward on your request to the OC, but others will do diddly squat just to frustrate the whole process for you.

 

Ok.... no worries

 

If the DCA is acting on behalf of the OC, then it would be very foolish to ignore a legal request when it's received, IMO..... providing you've retained proof that such a request was made.

[Artie44]

What I mean is that a third party DCA can turn round and tell you that the CCA request must be sent to the OC.

Some will auto forward on your request to the OC, but others will do diddly squat just to frustrate the whole process for you.

 

So what MUST a DCA do in response to a S78 CCA request as required by the Consumer Credit Act? I am not talking about the OFT Guidelines because they are only guidelines. Perhaps a forum legal expert could help please.

[PriorityOne]

So what MUST a DCA do in response to a S78 CCA request as required by the Consumer Credit Act? I am not talking about the OFT Guidelines because they are only guidelines. Perhaps a forum legal expert could help please.

 

A DCA must comply with that request. That doesn't mean that you'll get an Agreement back, you may get an application..... but they need to send something; via the original creditor or otherwise. If not, the account is thrown "in dispute".

 

If they send an application and decide to run with that (as some do), then you need to follow it up with a letter asking for confirmation as to whether they have an actual Agreement or not under CPUTR 2008. To lie under CPUTR could have serious consequences and banks/DCAs are very reluctant to mess with it.

 

[Artie44]

Ok, so in this case they have returned the payment twice, saying we must make it payable to the OC.

Is my OH doing the right thing by sending it back to the DCA, with it still made out to the DCA?

 

It is now more than three months since the CCA request was made.

 

What should we do next?

[Bazooka Boo]

With you now, I really must learn to read the posts properly!

 

They are splitting hairs and being bloody minded here.

 

Yes send it back to the DCA made payable to the OC, OR, cut out the immature clown outfit, and send the request direct to the OC with the payment enclosed, that would be my preferred method, and I would enclose a paragraph stating that their chosen third party DCA is a joke.

 

Send the DCA the failed letter.

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[PriorityOne]

Which DCA is this please?

[BRIGADIER2JCS]

Never been mentioned????

[PriorityOne]

Never been mentioned????

 

Only by me.... as a suggestion....

[Artie44]

Sorry, what has never been mentioned?

[BRIGADIER2JCS]

That,s what I thought P1

[PriorityOne]

Sorry, what has never been mentioned?

 

Which DCA is it?! Third time...

[BRIGADIER2JCS]

The name of the DCA.

[Artie44]

Ok, my OH is worried about the DCA knowing about the postings on here and does not want the identity revealed until the situation is resolved.

What I can tell you is that almost the same scenario ocurred with another DCA representing a different OC but in that case they said the whole CCA request had to be made to the OC. After the payment was returned four times they sent the account back to the OC. That DCA was Robinson Way.

 

If it is the DCA's absolute duty to accept both the CCA request and payment made out to them, then they must comply and my OH does not want to help them avoid that duty.

 

Oh, and we already sent a detailed complaint letter but they have not replied to it despite a reminder.

Edited August 8, 2011 by Artie44

[BRIGADIER2JCS]

All that has occurred is typical so

please don't worry, some DCA's are just

plain lazy and awkward over this type

of situation, they believe they have some

kind of legal authority which they most

certainly DO NOT.

[Artie44]

Thank you all for an interesting and rapid discussion.

[Artie44]

Now please can you experts confirm the nitty gritty of this situation as I cannot find it elsewhere on the forum:

 

S175 seems to us to mean that when a DCA is acting for the OC it is the DCA's absolute duty to comply with a S78 CCA request. i.e. it is the DCA who must accept the £1 payment made out to them and seek to obtain the agreement fron the OC. Is that assumption the correct one, yes or no?

[BRIGADIER2JCS]

I believe the wording is should not MUST, I stand to be corrected of course.

[Artie44]

I believe the wording is should not MUST, I stand to be corrected of course.

 

"S175. Duty of persons deemed to be agents.

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith."

 

Isn't a duty a definitively absolute requirement?

[PriorityOne]

Now please can you experts confirm the nitty gritty of this situation as I cannot find it elsewhere on the forum:

 

S175 seems to us to mean that when a DCA is acting for the OC it is the DCA's absolute duty to comply with a S78 CCA request. i.e. it is the DCA who must accept the £1 payment made out to them and seek to obtain the agreement fron the OC. Is that assumption the correct one, yes or no?

 

Correct....

[BRIGADIER2JCS]

I ask one question based on the premise I put forward if you know

all this WHY are you asking the questions:?: