CCA - whose responsibility is it? Think DCA is pulling a fast one.

[skintscot72]

Hi folks,

A quick question. I sent a DCA a CCA request. They've not been able to furnish this. Instead they maintain that I should send in a request for the CCA to a dept. of the creditor.

 

I was working on the principle that it was up to the DCA to provide the debtor with the CCA as a way of proving they were entitled to ask for payment etc. In other words, if the DCA can't supply the CCA to me, then they in turn can't pursue it. Is this right? I've got a feeling that they have run into a brick wall, and are just chancing it. But I'd appreciate feedback!

[Whoosh]

this happened to me and the advice from on here was that the guidelines state they can provide you with the address to get it from the OC.

 

I presume they have sent back the fee?

[skintscot72]

yes they did, actually. But it still sounds as if they're asking us to do THEIR work for them? On one level whether the CCA exists is immaterial, it's whether the DCA can provide it to show they can legitimately pursue it. But maybe I've got it wrong, so all opinions welcome!

[theghost]

The OFT have guidance on section 78 - google it

 

section 2 has some info.

[Bazooka Boo]

What you have here is the DCA doing the bare minimum in relation to a CCA request, by returning the fee to you and informing you that you yourself should request this from the OC in person, is the very least they can do.

 

It will then be up to you what you then decide to do.

 

On the legitimacy of a DCA chasing a debt, then a CCA is not the document you need, it is the notice of assignment, this is usually sent in the same envelope, one letter purporting to be from the OC telling you they have passed it over to bill&ben to collect, and then one from bill&ben informing you that they are the proud new gophers authorised to collect this account.