Not Received CCA or so they say

[nannamoon1]

I sent a CCA request on 9th Feb, Recorded Delivery to a DCA, I have checked with Royal Mail and it has not been received/signed for.

 

Now I rang the DCA today, the person that answered the phone was a little old man (bless):grin: and he just said "hello" there was no company name mentioned at all.

 

I said I was just calling to confirm that they had received my letter, he replied "yes" I replied "I am only calling for confirmation of a letter that I sent" He said that he did not think he had received it, but as I was on the phone what was it about as we could discuss it now. I said I am not phoning to have a conversation with you I am purely ringing to see if you have received my letter. He slammed the phone down:shock:

 

Now do I have to send another CCA request on the assumption they have not received the original one, or what do you advise I do?

 

Also I find it quite strange that they answer the phone with just "hello" no company name etc.

[cheddar]

No, you have sent it, class it as being with them 2 days after delivery and stick to the timetable (or so i have been told). And they will often answer the phone like that as sometimes they try and trick people into ringing them. If they answer it blah blah debt recovery people will put the phone down straight away.

[nannamoon1]

Cheddar,

 

So the fact the Royal Mail site states "not delivered" and I have actually spoken to Royal Mail & they say the letter has not arrived yet, although the las person from Royal Mail said that there was a small remote chance that it would be delivered without a signature. Mmmmm:eek:

[nannamoon1]

bump

[PriorityOne]

Hi Nanna,

 

What is the full name and address of the DCA ? It may have gone to the wrong address....

[nannamoon1]

Priority the DCA is:

Credit Security Ltd

Oxford Road Stone

Aylesbury

Buckinghamshire

HP17 8PL

 

Do I send another CCA request, but maybe I should send a cheque rather than Postal Order, then I can see if it has been cashed.

[NailPost]

Don't send another letter.

 

The onus is on the DCA to prove it didn't receive your request. Sent by recorded delivery it should have arrived two days after posting. If its not been signed for (because they refused to do so) it will be returned to you by Royal Mail with an explanation for non-delivery. Keep the receipts carefully and if the letter is returned try and keep it unopened to show a judge.

 

If a postal order was enclosed you can check whether it has been cashed and by who by asking the Post Office to do so. Using the counterfoil number this is easy to do. If it was crossed (made payable to etc) it will even show into which account it was paid into.

 

As far as I would be concerned the CCA request has been made and the debt collector has 12 working days to comply. If they fail to produce that's a matter for them. Leave them to default and to continue that default for a month when the criminal offence kicks in. Don't expect anyone to do anything about that but it will give you a massive stick to beat them with if they decide to be stupid and try legal action.

[nannamoon1]

Nailpost,

 

I forgot to take a note of the counterfoil number:mad: will I still be able to trace the PO to see if it has been cashed?

[JonCris]

Hi nannanoon

 

I don't wish to carp but you appeared to have rushed headlong into this without doing your home work.

 

If they deny having received your CCA & you have no proof of delivery then it's your problem. You cannot claim nor assume delivery if it is denied. Nor can you claim they have had your CCA merely because they refused to sign for it. If it is being or has been returned by the PO then your CCA is void. After all they cannot comply with a statutory request if they have not been asked.

 

You don't appear to say when you sent your CCA but I would send another special delivery (not recorded) & DONT forget to keep the PO no which I believe is on the receipt the post office will give you at the time of purchase.

 

On the otherhand you could send a cheque & when they present it for payment, as they almost cetrtainly will, they would been unable to deny receipt.

[cheddar]

So in this respect couldn't all DCAs refuse their post and never recieve CCA letters? (mind you they'd wanna get the ones with cheques in i guess lol)

I would send again keeping a track of the payment method used to prove they have cashed it...oh and again keep the Recorded Delivery slip and a COP.

[NailPost]

Many people send cheques by special or recorded delivery. If there is one thing that keeps debt collectors going its the prospect of opening letters with cheques in them. Its why they even pay the cost of receiving letters without stamps. They are greedy barstewards.

 

If the CCA has been sent recorded delivery an expanation is due if it has not been delivered. Lets take it from there.

[nannamoon1]

As I only have the Recorded Delivery Slip,and did not keep the receipt. :mad:The Track & Trace on the Royal Mail site has no sign of it ever being signed for, I will send another CCA request and send it Special Delivery. & I will also send a cheque this time.