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cca request.

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  • cca request.

    Hi everyone.

    Have been a member since last October, when I was contacted by a DCA. I sent off a CCA request along with the £1 for proof of the debt.

    Received a letter back from the DCA stating they would get me the information and my account was on hold.

    I've heard nothing since November last year. Can the DCA still take you to court even though they haven't provided what I've asked for? I've read a lot sneaky tactics on here that they use (I.e send the claim forms to a previous address etc) and the last thing I want is a CCJ by default.

    Also I would like to send a SAR to the original creditor to find out what information they actually hold on me. Would the DCA be informed if I do this?

    Don't want to rock the boat with them, just worries me that they are very quiet!

    Thanks!
    Tags: None

  • #2
    Amethyst should the member wait to see if anything turns first, account is on hold?

    Comment


    • #3
      I'd say don't poke the bear.... nothing to stop you preparing to offer a reduced settlement should they pick this back up if you really want to avoid any possibility of court action. I have no idea how much this is for or what it was for originally, but if you just want it out of your hair you COULD consider a 30% - 50% without prejudice offer to settle - but depends on the situation and what you feel is best for you.

      Do you know when the debt defaulted ? ( eg are you looking at holding out until that was over 6 years ago and thus the debt statute barred ? in which case I'd definitely keep quiet ) You could ensure you have checked default date on your credit file and get transaction lists ( under a SAR ) from your bank for the relevant period to evidence/check when last payment was ( of course if default was in 2016 it wouldn't really matter, but if default was in 2012 it's really worth checking exact dates )

      When did you move ? ( after the debt was defaulted ? ) If after default then they COULD issue to an old address, however you have written to them under the CCA with your new address ( presumably ) so they have no excuse and you'd be able to get it setaside - however that is a hassle and a cost - and a couple months of a dodgy mark on the credit file... so best not to get in that position.

      Sending a SAR(
      Subject Access Request Letter )
      to the original creditor is a good idea, but I would be inclined to wait until you hear from the DCA again before doing that, for exactly the reason you are concerned about.


      Okay that doesn't feel like it's much help - basically wait and see, use the time to gather info, or negotiate settlement - it sounds like it's bugging you and you want to be doing something about it … unless you do want to settle I wouldn't contact the DCA at all.
      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #4
        Setmefree3 Amethyst thank you for your quick responses.

        In relation to the DCA I'm inclined to keep quiet. Its just a little baffling as they are quick enough to demand payment but very slow in providing evidence to back up there claim.

        Am I correct in saying the debt is unenforceable if they cannot provide a CCA with all the correct terms and conditions?

        Sorry I'm a little vague about the debt as I'm still trying to gather information myself. Its a credit card debt, opened pre 2007. I do have other bits of information but am a little worried as I don't want to give too much away incase they work out who I am.

        ​​​​​​​Thanks once again!

        Comment


        • #5
          Amethyst can give you an email address you can send docs to for more privacy, other than that just wait to see if you get contacted again. Good luck.

          Comment


          • #6
            If it is a credit card then you are correct, if they don't provide a copy ( or recon ) of the agreement and terms from when you opened the account they would be unable to enforce the debt in court. If it defaulted over 6 years ago that would be another point in your favour.

            They have, in writing to you at your current address, admitted they have your current address, so although it is possible they could issue to your old address, its unlikely, as it would simply result in a set aside and costs awarded against them.

            admin@legalbeagles.info if you wanted to email but I could only reply on here and doesn't sound like you have much in the way of docs in any event.

            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment

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