who to send a cca letter to, debt collectors or credit card company etc?????

[michsienna]

hi every one, i have sent many of cca letters to dca, some own the debts while others are collecting them for there clients.

i have one imperticular debt collctor giving me a load of grief, they never produced a signed copy of my credit agreement with in the 12 + 30 days, all they sent me was a copy of my application form.

the debt collectors (lowell) own the debt which was originaly a capital one credit card of the amount of £363.

i was this morning on the phone to a man from trading standars, he told me, i should of sent the cca request letter to capital one and not lowell financial.

i thought that becouse lowell owned the debt, it was them who should recieve the cca letter

any comments on this would be very greatfuly appriacted.

many thanks michelle xx

[Josie8]

You were ok to CCA lowells because if theya re saying they own the debt then they should have your cca. In reality they haven't bothered to get it at time debt was purchased so they will have to ask Cap1 for it who hopefully will have shredded it on sale of debt.

 

If lowells don't produce cca within 12 +2 working days then they are in default and can't enforce debt while in default.

[michsienna]

hi, and thanks for replying, its been over 2 months since i have requested it, i have no idea what to do now, trading standards say they wont help me unless it was capital one who was messing around, he told me the debt collectors are not the ones to send the cca letter to in the first place even though they no longer own the debt. xx

[dx100uk]

the DCA brought he debt, the problem of collection is their's.

they did not comply with the CCA, [12+2 & 1 cal month]

so it is now unenforceable.

if they continue they are committing a summary criminal offence.

 

dx100uk

[michsienna]

thank dx100uk for your reply, but what i dont understand is why trading standards told me different?? xx

[remus]

maybe he's just wanting to get away for the weekend! Borrowed this from maybelline

National Debtline England & Wales | Debt Advice | Factsheet 03 Harassment have a read it might help you realise you are doing what you can and ts man well, least said!

[zander]

Ignore the man from Trading Standards! Josie & dx100uk are the ones to listen to.

[Guest ArthurP]

Mercers, who act for Barclaycard, were on my case so I sent them (Mercers) a CCA request and they have failed to respond for two months and continue to hassle me.

 

Mercers said the CCA request was nothing to do with them yet they are managing my account.

[michsienna]

thank you all for replying, lowell, had bought the debt of capital one, infact i have just this moment found the letter from lowells which reads....

we hereby give notice of the assignment of the debtdue to us from you in resect of the balance of £363.33 out standing to capital one.

on 12/12/2006 your account was sold to lowell portfolio i ltd

(yea sold it to them for about £50 i bet !!)

[Curlyben]

michsienna, I bet it was a lot less than £50.

 

You are completely correct in CCA'ing Lowells, and the man from TS in this case is ill-informed.

This does happen as they are not as well versed in Consumer Credit Law as members of this forum are.

 

Let Lowells continue to ask for repayment as they cannot enforce it.

A few STONGLY worded letters should make them back off.

Even if they do take you to court they don't have a leg to stand on.

Have a read through this thread: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/90012-just-been-court-cl.html

 

Just out of interest Cap1 DON'T have executed agreements they rely on the appliction form only.

[michsienna]

thanks curlyben il take alook at the threads now. xx

[dx100uk]

Mercers, who act for Barclaycard, were on my case so I sent them (Mercers) a CCA request and they have failed to respond for two months and continue to hassle me.

 

Mercers said the CCA request was nothing to do with them yet they are managing my account.

 

have you this in writing?

if so time to contact OFT and TS

 

write them a letter saying that they have failed to comply with your CCA request of XXXXXX and have now defaulted.

 

the debt is now unenforcable without a court order and they will look pretty silly suddenly being able to produce one in court when you have already legally requested them to do so.

the judge will laugh them out of the door.

 

you might wish to do some reading in the threads regarding CCA requests so you further understand why/what you should be doing.

 

dx100uk

[make them aktiv runners]

hi, and thanks for replying, its been over 2 months since i have requested it, i have no idea what to do now, trading standards say they wont help me unless it was capital one who was messing around, he told me the debt collectors are not the ones to send the cca letter to in the first place even though they no longer own the debt. xx

 

Perhaps show this section of the Consumer Credit Act to Trading Standards

 

175 Duty of persons deemed to be agents

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Irrespective of who trading standards believe the creditor to be, the above section confirms your request was correctly served.

[remus]

Just been to court/CL finance**WON IN COURT**

Mich, inspiration or what?!

[michsienna]

Just been to court/CL finance**WON IN COURT**

Mich, inspiration or what?!

 

thanks remus, i will take a look at it now xx

[Guest ArthurP]

have you this in writing?

if so time to contact OFT and TS

 

 

Unfortunately no. I've been ignoring their phone calls but I couldn't resist answering to them on Wednesday for a bit of amusement.

 

Mercers asked for my security details and I refused but they went on to discuss my account in any case.

 

They said a CCA to them was useless and nothing to do with them and that a bailiff would be calling to my home soon.

 

I received a letter today from them giving me 48 hours notice of a visit from a 'local' collection agency.

 

Mercers have defaulted the request and offended but are still sending letters, texts, phone calls...

[dx100uk]

have you started you own thread yet?

better not to hi-jack this one.

 

let me know and i will reply there

 

dx100uk

[Guest ArthurP]

So sorry!

Will do and thanks for your offer of help.

[Candylee]

Unfortunately no. I've been ignoring their phone calls but I couldn't resist answering to them on Wednesday for a bit of amusement.

 

Mercers asked for my security details and I refused but they went on to discuss my account in any case.

 

They said a CCA to them was useless and nothing to do with them and that a bailiff would be calling to my home soon.

 

I received a letter today from them giving me 48 hours notice of a visit from a 'local' collection agency.

 

Mercers have defaulted the request and offended but are still sending letters, texts, phone calls...

How do i stop DCA - harrassment?

[Candylee]

Mercers bully boys of Barclaycard. Do i take them to court or barclays?