Can anybody help re: letter after request for CCA

[Zimmie]

Hi, I wouldn't even bother with a letter, its only more expense for you. They received the CCA request, so no matter what they chose to do with the £1, they are still legally obliged to fulfill their obligation.

Good luck.

[weller711]

Hi

Sorry to keep bothering everyone but after CCA ing amother DCA they have responsed with a Payment Book that states the £1 fee has been taken as payment.

 

That makes 2 DCA's that have done this now and neither have supplied the CCA. I know I am supposed to ignore them but they are obviously expecting payment and when it isnt made what are they going to do? And what do I do?

 

Also, obviously they will have read the letter and have taken no notice, is this normal? Why haven't they taken any notice?

[Robdblynd]

They're just trying to scare you.

 

It is a LEGAL requirement under the CCA1974 for anyone sent a request to provide information to do just that. They are given 12 working days after receipt of your request to comply. If they do not send any info at all then they are in default and are not legally entitled to enforce the debt. One calendar month after that it becomes a criminal offence to not comply with the request and they can be reported to Trading Standards.

 

What they do with the £1 is their business, they still have to comply with a properly worded CCA request. So yes, carry on ignoring them and let them default. Then they can't approach you for payment UNTIL they supply the agreement.

 

No, they never bother reading the letters but that doesn't make the letter invalid, it just means they're ignorant and idiots.

 

Don't let them get to you, they'll try everything in the book to get you to acknowledge the debt and start paying. Just hold on and see what they do next then post up here and someone will be along to advise.

[dannyboy660]

Also, obviously they will have read the letter and have taken no notice, is this normal? Why haven't they taken any notice?

 

Unfortunately, they don't always take much notice of letters:-

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/85349-view-inside-whitleblower-thread.html

..they're only looking for the cash/cheque/PO inside them. They will deny ever receiving your letter and this works in your favour.... at least for now.

 

 

It's very important to be able to provide proof of your correspondence to DCA's and it's postage, especially if you are disputing anything. If you have proof, you don't have a great deal to worry about. Keep the letter saying the quid was used to pay part of the debt - the quid was quite obviously for a CCA request, to which they have 12 days + 1 month to respond.

 

Personally, I'd do nothing at the moment, except count the days. It's their move.

[tifo]

shieldblaster, i was just about to post him my letter as above ....

[weller711]

Hi, me here again

 

I have received a letter from a DCA that i sent CCA request to on 11 May. They have not responded with the CCA, they used the £1 against the debt and the letter today says I must make full payment within 7 days or else they will pass it to their solicitors.

 

I'm not sure if I should send the non-compliance letter as it has not yet been 12+2+30 days, do I wait until the 30 days is up and just ignore this letter? Can they do anything? ie: I have requested a CCA, they are obvioulsy ignoring it.

[Robdblynd]

When you wrote to DCA asking for your agreement did you put in the words, 'I do not acknowledge any debt to your company'?

 

Seems to me that what they're trying to do is get you to respond in writing and acknowledge the debt, then they can push you to make you pay at their rate.

 

I would ignore them, I've had the same kind of letters after CCA request and ignored the lot of them. Let them default, don't remind them, they should know the CCA 1974 before they attempt to collect money from anyone, if they don't, it's their tough luck. Once they've defaulted, which by my reckoning, including bank hols etc, will be the 30th, they cannot enforce the debt without going to court and under court protocols they have to show the executed agreement.

 

No agreement, they get blown out of the water.

 

Hang in there, they're only trying to rattle you. In the unlikely event that they do send solicitors letter, write to sols and tell them the account is 'in dispute' and they'll have to back off. That's the law and they can't bend it to suit themselves. They're just hoping you'll crack.

 

Stay focused, ignore them and you'll get sorted in the end. Keep posting if you're worried or anything else happens.

[harrythehawk]

I had some hassle from a Studio DCA, after I had CCA'd them they did a similar thing and I wrote to point out that the £1 was a fee and not a payment and the fee was for the provision of the copy of a fully executed CCA and said £1 should be returned if they could not provide it otherwise they had no right to keep the £1. The £1 cheque came back and they passed the account back to Studio and I haven't heard from either of them since then.

[weller711]

Hi all

Have received another letter from a DCA after a CCA request and its really puzzling me.

 

Thank you for your unsigned letter dated 23 May 2007 and firstly insofar as yor opening sentance, we ask that you refer to our correspondance once more as we have never said you are indebted to this office.

 

In reply to your request marked1, we attach a copy of your signed agreement dated 20 September 2004. Given the age of the account and the fact this document has been saved to microfiche, we are also obtaining from our lient a blank sample of the agreement so that all content is legible to you.

 

In regards 2.a deed of assignment does not exist as the debt as the debt has not been assigned to us.

 

Kindly note, that at all time we are acting on behalf of our client as their collection agents in the recovery of the sum they say is due to them from you.

 

To avoid the matter being passed to our solictitors for recovery through the Small Claims Court, we look forward to receicing your proposals for payment by return.

 

 

They have enclosed a copy of something I signed - I'm not sure if its a true CCA as the writing is very unclear and also why would they take me to the small claims court, I thought if you didn't pay your debts you got taken to court for a CCJ?? Or am I missing something. The DCA is Roxburghe UK if that helps at all. Any help at all much appreciated, thank you

[weller711]

Anybody, help please

[gingerninja]

HELP.... I received a letter from Westcot, a bill owing to 3HG. I upgraded my phone they chaneged my number back in 06 and today i find i still owe on the old bill. 3 have said they sent letters to my old address dohhhhhhhhhh when all along they knew my new address as i still have a contract phone with them. 3 have said they cannot take payment (this is not what westcot say) Before i speak to anyone at westcot as i did phone they wanted to call me back but i refused to give them a number. Westcot have added on £80.00 legal fees even though this has not gone to court total bill now £214.74. Can I download a copy letter for the CCA as this bill (yes i do owe) but 3 have ignored my request for a call back even though i have offered to up my m,onthly payments and although i now admit to owing money as my psychic skills evaded me I knew nothing of this debt. Therefore I want to make this as difficult as possible for westcot. Ignorance is no excuse but 3 were ignorant in billing the wrong address. I cannot pay this in one foul swoop and i have no intention of giving some nosy gimp my financial detail...Any help grayefully accepted

[gingerninja]

I have now received a reply from westcot attached to it my postal order.

 

Following your recent request for a copy of the opening agreement.

We can confirm under the terms of the consumer credit (exempt agreements) order 1989, article 3 (1) (a) (ii) this account is not regulated by the consumer credit act and is enforceable. Your payment is therefore returned.

The account has been placed on hold for a period of 7 days pending your payment proposals which are required by return. Blah blah blah.

 

What do I do next and why isnt this covered

[lemma1968]

sorry Ginger what are the facts of yur case? What type of loan etc was it? I'm sorry of i have missed it but maybe some more info would assist, or maybe start a new thread so that people can concentrate on your position and not get confused.

 

Oooops, just found it. I am sure that mobile phone agreements are exempt. Rory32 will be able to confirm. Make them an offer in writing. DO NOT TALK TO THEM.

[gingerninja]

Hi lemma,

 

See #36 my original posting on page 2 right above the posting you answered.

[lemma1968]

Nappy brain...could not see for looking. Happens now and again.

[gingerninja]

lol know how you feel, sometimes cant see the wood for the trees.

[weller711]

hi

Advice need if at all possible the 12+2+30 days has passed since I requested the CCA from studio - have heard nothing else from Studio but..............had a letter from a new DCA on behalf of Studio stating "Intended Court Action". What should I do next, surely they shouldn't have passed the account on whilst it was in "default"

Do I CCA the DCA or do something else - any advice much appreciated.

[weller711]

Shameless bump, please

[alibobsy]

I would be tempted to write to the new DCA and point out the date you made your CCA request to studio and the fact that they are now not only in default, but have committed an offence. I would point out that whilst in default the account is in dispute and as such should not have been passed to a new DCA by studio, and that without a correct signed credit agreement the debt is unenforceable. Then see what they say to that, I suspect it will be passed back to studio.

BTW I am no expert but have read alot in this forum and used the info from previous threads, I know some posters advise ignoring letters after the CCA, but I couldn't leave them myself lol. Never speak to them on the phone though do it all by letter.

Good Luck

ali x