Are they fobbing me off?

[Beardedlaydee]

I sent a CCA to Direct Legal and Collections and they have responded to say they are an agency collecting on behalf of their clients and that I need to send the letter to their client.

Am I being fobbed off by them? I haven't had any dealings with their client for nearly 2 years.

[diskmandave]

Yes, they are mucking you about!

 

Section 175 The Consumer Credit Act 1974;

 

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.

 

Pretty straight forward stuff..

 

 

 

Regards, Dave.

[Beardedlaydee]

So what do I do next? Is there another letter I can send to them?

[diskmandave]

Personally, i'ld let it go into default first then write but quote their response alongside the full paragraph of S175 and point out in terms not uncertain that the clock is ticking from the date of the original request.

 

I'ld also add that it wasn't my vocation in life to be educating a collection agency in the fine art of the Consumer Credit Act and that i've made an appointment at my local Trading Standards...

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Good luck, Dave.

 

[Beardedlaydee]

They returned my cheque though, does this matter?

[diskmandave]

Not in the slightest and that's their prerogative if they don't want it.

 

Have a chat to Trading Standards, they're a great help!

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

S175 is straight forwardly clear!

 

Regards, Dave.

[Beardedlaydee]

Thank you!

[ODC]

They returned my cheque though, does this matter?

You complied with the law in sending the cheque. What they do with it is their business. It still doesnt make any difference to your LAWFUL request and the timescales still apply. So let the clock go tick tock as they default and then commit an offence. They are so foolish. By sending you the cheque back they have admitted receiving the CCA Demand from you.

 

Our soles

[itsamomentintime]

flippin eck dave, good work fella!!

[Beardedlaydee]

Cheers guys, I'm weirdly excited now!

[Beardedlaydee]

Oooh one more quick question, what is the time limit on my request before they are in default? Is there a step by step guide on here anywhere for the whole cca thing? (I have looked but can't find one)

[vogelrok]

12 working days plus 2 days and then 30 days there after for the other offence. thats 30 calendar days not working.

[louiboy]

I had the same nonsense when I CCA'd DLC sometime ago.

 

They sent the same letter. Need to contact the client here's the £1 back.

I sent it back to them with by recorded delivery letter. Back came the £1.

 

In to the evidence bag went the postal order, 2 letters and 2 recorded delivery slips. The Consumer Credit Act is clear on their responsibilities.

 

Just about to come back and bite them. DLC starter court action against me in the name of Black Horse and continued while both companies were in default. OOps! BH ordered the abandonment of the case when they realised what was going on. Awaiting the arrival of the expenses cheque. Curious to see who signs it. Presenting company wins the first summons. I believe the last day for delivery is in the morning.

 

Time limits

 

12 working days from delivery they are in default.

One calendar month later a criminal offence is committed.

ie: 12/06/07 - 12/07/07