Some quick help

[meggyweggy]

Hi all,

 

I sent a CCA request to a DCA that states it owns a debt i am suposed to have with them. Instead of providing me with a CCA for the account they have sent a letter stating many thanks for the £1 payment on the accoutn. I am in the process of writing a kind reply telling them that it was a CCA request and that they have x amount of days to comply. Can someone please tell where were it gives the 12 day limit and also what action i take if they dont comply.

 

Many Thanks

 

Meggy

[PriorityOne]

If they do not comply within the 12 day limit, then the debt is unenforceable without going to court. I am sure they are well aware that it is a CCA request... but if it makes you feel better, you could write to them again (Recorded Delivery) detailing that fact and that they now gave xx number of days within which to comply, as you have said.

 

If they still have not fulfilled your request one calendar month after the 12 day default, then they will have also committed a criminal offence on top of that default.... therefore, I would wait until then before writing to them again.

 

Come back on here nearer the time for further advice... one step at a time.

[meggyweggy]

I have just finished writing a letter, to the company with a big smile stating that they only have 6 days legft to comply including the date of the letter, and that i still don't acknolodge the debt.

 

Should be fun to see what they say, that goes recorded in the morning

[Laiste]

Hi Meggy,

 

There is no need whatsoever to write a kind letter or any other sort, informing them that the £1.00 was for your CCA request. They can read (one assumes) to ascertain what the pmt was for. Why put yourself to any inconvenience, but more importantly why give them the dates within which they have to comply? They are supposed to be fully conversant with the CCA 1974, so why give them the deadline expiry dates? It just makes things easier for them!

 

Ideally, you don't want them to comply with the 12 working day and one month deadline. You are trying to build an argument against them, the last thing you want to do is give away your plan of attack!

 

Mark your calender, allowing two days for delivery(unless you sent the CCA request by guaranteed next day delivery). Sit back, relax and wait. That's all you have to do at this stage.

 

Resist any temptation to speak to them over the telephone, simply say you do not discuss such matters over the phone and hang up. If they write to you, keep the letters but do not repsond to them. They should not be contacting you whilst the account is disputed, it amounts to harassment. As you are waiting for them to screw up, it is best not to have any contact with them, as it's so easy to start talking about the CCA request and before you know it, you'll be discussing deadlines etc....

 

I hope this is helpful.

 

Laiste.

[Laiste]

Hi Meggy,

 

I have just read your 2nd post and I wish to re-iterate that it is a big mistake to start warning them how long they have left to comply with your request. It serves only one purpose, which is to forewarn them, it certainly does you no favours! Leave the situation alone until the 12 working days and one month have expired.

 

Laiste.

[PriorityOne]

Whilst I agree that there may be no need to write, it can give people extra peace of mind to stress the fact that the £1 is not to be used against a debt of any kind.

[Laiste]

Hi PriorityOne,

 

I'm afraid I disagree. If a CCA request has been properly drafted, it is abundantly clear that the pmt is to cover the cost of making the request. There is no need to clarify anything, if the DCA's are too stupid to recognise what the pmt is for that's their problem! In my experience, DCA's use this tactic to encourage people to get in touch with them, to discuss the account and payment of it.

 

There are two possible outcomes with this type of request. One, they furnish the agreement and it may or may not prove to be lawful, depending upon whether it conforms to the requirements of the CCA 1974. Two, they don't furnish the agreement in time, in which case, an offence has been committed, which adds to your claim against them. If they can't produce it, it's game over. If they can, the debt is still enforceable, just not for the period from the CCA request until compliance.

 

None of these scenarios require any sort of intervention, i.e. sending letters before timescale is up. I have been through this process with 7+ credit cards, and it is best left alone until the compliance period expires, pure and simple!

 

Laiste.

[PriorityOne]

Hi PriorityOne,

 

I'm afraid I disagree. If a CCA request has been properly drafted, it is abundantly clear that the pmt is to cover the cost of making the request. There is no need to clarify anything, if the DCA's are too stupid to recognise what the pmt is for that's their problem! In my experience, DCA's use this tactic to encourage people to get in touch with them, to discuss the account and payment of it.

 

There are two possible outcomes with this type of request. One, they furnish the agreement and it may or may not prove to be lawful, depending upon whether it conforms to the requirements of the CCA 1974. Two, they don't furnish the agreement in time, in which case, an offence has been committed, which adds to your claim against them. If they can't produce it, it's game over. If they can, the debt is still enforceable, just not for the period from the CCA request until compliance.

 

None of these scenarios require any sort of intervention, i.e. sending letters before timescale is up. I have been through this process with 7+ credit cards, and it is best left alone until the compliance period expires, pure and simple!

 

Laiste.

 

Hi Laiste ,

 

I think we may have to agree to disagree here. Whilst there may be no need to contact a DCA in order to establish that the £1 for a CCA request should not be used against the debt itself, it all depends on how strong a person is feeling at the time when dealing with these people. From my own point of view, I would rather send another recorded delivery letter to establish that the £1 was for a CCA request, than live in fear of them turning up on my doorstep within the time frame before they default. Once the time frame is up however, then they can do what they like.

 

The logic of this is that, should they decide to become stroppy, try to wriggle out of it and/or lie after the time frame, the CCA request would have been backed up by further clarification by recorded delivery, which would strengthen my case against them anyway.

 

If they don't have the CCA, then they don't have it. If they don't have it, then it can't be pulled from the air by magic... therefore by reminding them that they have xx amount of time to comply would put the ball back in my court by reminding them of their legal obligations.

 

You sound a much stronger person than me with these people... hope you can understand where I am coming from.... I just like to cover my bases.

[Laiste]

Hi PriorityOne,

 

I understand the point you are making and your reasoning behind it. What I would say from my experience of dealing with DCA's too numerous to mention is this. I have never had a DCA turn up on my doorstep in the past 12mnths. I have had the letters and cards from them saying they are visiting on a specific date etc... They have never turned up and neither have I contacted them about the impending visit.

 

I think it is all based on cost. Its too expensive for them to send anyone, which is why all the threats turn out to be hollow! Additionally, consider what your options are if they did turn up. If they knocked on your door and stated where they were from, at that point you would instruct them to leave immediately. Tell them they have not been invited onto your property and as such are trespassing. Tell them to leave, otherwise you will call the police. If they don't leave call the police, by the way such conduct I believe would also be a breach of the Protection From Harassment Act 1997. I would not concern myself with a situation that is in all liklihood not going to materialise and even if it did, the law is there to protect you.

 

I do not see myself as being braver or stronger than the next person, I just refuse to be cowed by these parasites or dance to their tune. My argument is simply that you have done all you need to in sending the CCA request. Following things up with further letters in my opinion, defeats the object. You want them to screw up, that's one of the most important reasons for sending the CCA! Don't alert them to when their time runs out, we are supposed to be making things difficult for them, not easier! I have 10 credit cards, I've sent 10 CCA requests. They have all defaulted and committed criminal offences. I could put it down to just ineptitude, however I am inclined to think that not sending reminders helped! Something to think about.......

 

Best Wishes,

 

Laiste.

[PriorityOne]

I am currently waiting for 2 of mine to default... come home each day expecting to find some excuse or another, but have to admit to finding it difficult to relax until those 12 days are up.... both were received on the 4th... I don't think I could have taken on as many as you have all at once :o ... my intention was to take them on one at a time, but had a 'phone call from another, which made me angry enough to act on it.

 

Good luck with all of yours...