Can I complain to OFT?

[lochlisa]

Original creditor have confirmed that they do not hold any documentation that makes my alleged debt with them enforceable.

 

However, DCA after DCA, and the odd solicitor, keep writing to me demanding payment.

 

Is this against any OFT official policy or guideline or do I just have to keep up the merry go round of letters telling them to go away?

 

thanks, Lisa

[silverfox1961]

Hi,

This may sound stupid (and it is) but the writing and calling asking you to pay is not classed as enforcement. All the lack of a valid agreement means is that they cannot use the courts to enforce this debt. The debt still exists and they have the right to chase you for it just as you have the right to tell them to go forth

[Nishikigoi]

Write back asking that all further correspondence to be written on soft paper in water soluble ink please, so appropriate action can be taken to deal with it.

 

Also worth writing that the debt is unenforceable and that further correspondence will cost them £25 each to reply, that will slow them down a tad...

[theghost]

Read the OFT Debt collection guidance from front to back.

 

It may well go towards the harassment side of things.

 

I think what you will have to do is write to the original creditor and categorically state you will not be paying the debt because it is unenforcebale and any action taken post letter will be deemed as excessive contact and harassment.

[rebel11]

Hi lisa

 

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

Also read no. 5 in my signature.

[FORMISTER]

Hi send them these letters from the CAG library http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter