Bouncing of the responsibilities

[Everett]

I sent a CCA request to Capquest this was passed to NCO

However a reply has come back from Arrow Global and I am responding with a Dispute letter,but they have not put a return address on the letter ( only their registered office in the small print at the bottom ).

In this letter they state that " The account is being operated on our behalf by NCO Europe ltd. We will only deal with this document request only and all other enquiries should be directed to them "

So who do I send the dispute letter to and to where ?

[Stigman]

You don'y send a dispute letter anymore.

 

If you sent the CCA request to whoever was chasing at that time and they have failed to reply then you ignore all future contact except for a claim form.

 

You can also legally with-hold future payments until they comply.

 

What is the date of when you took out the debt?

 

Have you claimed any PPI (if applied) or any unfair payment charges?

 

Stigman

[dx100uk]

all the same lot mate same office next desk

 

 

just giving you the run around.

[fletch70]

You don'y send a dispute letter anymore.

 

If you sent the CCA request to whoever was chasing at that time and they have failed to reply then you ignore all future contact except for a claim form.

 

You can also legally with-hold future payments until they comply.

 

What is the date of when you took out the debt?

 

Have you claimed any PPI (if applied) or any unfair payment charges?

 

Stigman

 

While I agree that non compliance with a cca request is a good reason to stop paying I am not sure I would agree that with holding payments is actually legal.

While it is true non compliance makes a debt unenforceable it still legally exists and of course if they do comply with the request in the future it could be difficult to explain why you stopped. Some people may call it debt avoidance

 

Of course saying that, I stopped paying my creditors in 2012 and sent cca requests, most have not fully complied. I never sent in dispute letters , just letters saying what they had sent did not comply with legislation.

[Everett]

You make a good point fletch70.

I was told some time ago that if a creditor or a DCA decided to pursue you through the courts their defence would be " if you disagree you owe the money why have you been paying it ?" This is particularly valid in my case as I have been on a DMP for the past ten years.

But for me I am not trying to avoid my debts, I have just seen over the past ten years what a parasitic , vile and despicable industry debt collection is and I no longer want to play ball with them.

 

Sigman.

Debt is from 2003.

They have sent me a copy of the loan application and statement of payments for one year only 2007-2008 and a signed direct debit mandate.

I would say they have not complied with what is required by law of them.

[fletch70]

Everett

 

It really does not matter if you have been paying it or not if they, the creditor can not comply with legislation so non compliance with a case request does bar enforcement. But Judges are funny creatures and some quite frankly seem to look for any excuse they can to allow enforcement . After all, the establishment do not want us mere mortals questioning their authority.

 

I heard of a case where the creditor sent wrong info but the judge held that the creditor believed it was correct and allowed the claim.

 

It can all often be in the detail - for example I have an agreement that says charges are £20 but the statements show £12 - obviously a mismatch. That one is 5 years of no payments and no claim yet - touch wood.

 

I firmly believe your ability to pay may influence claims