CCA request returned - advice please?

[AllTheHelpICanGet]

Hi,

I have been on a DMP for the last 8+ years and have recently sent off CCA requests to all my creditors to ascertain which debts are enforceable with a view to hopefully being able to negotiate some F&F settlements for those that are not legally enforceable. I have today had two requests returned to me stating that I must contact the DCA's client directly (my original creditor). I was under the impression that it was the DCA's responsibility to provide me with this information but would appreciate this clarified before I respond. If this is correct I intend to respond along the lines of:

I write regarding your letter dated xxxxx and have noted your comments.

However, I would respectfully remind you that as the Collection Agent duly appointed to administer this account it is your responsibility to contact your Client and make the request for a copy of my original credit agreement. I have therefore returned to you my original request and payment in this regard.

Until you can supply me with a copy of my original credit agreement, this account is now 'in dispute' and you will be aware that as such you are forbidden by law from taking any further recovery action until the dispute is resolved to both out satisfaction.

If I do not hear from you within the specified time period I will consider this matter closed and ask that you remove all of my details from your files.

I trust this clarifies things and look forward to hearing from you by return of post.

I look forward to hearing from you.

I would very much appreciate any advice as this is all new to me and I want to be sure that I am accurate and correct with any responses I make.

Many thanks

[Kati]

Re: CCA request returned - advice please?

[MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION]??

[Diana M]

Re: CCA request returned - advice please?

Well you could send a confrontational letter or you could simply send your s 77-79 CCA Request to the creditor who can't deny having received it if you send it Royal Mail Recorded Delivery. That way you have protected your legal position.

Then when you receive a letter from their DCA you can inform them that their client (original creditor) has not complied with your CCA Request and refer them to the FCA Handbook CONC 13.1.6(8) >

https://www.handbook.fca.org.uk/hand...&timeline=True

Di

[AllTheHelpICanGet]

Re: CCA request returned - advice please?

Thank you for your advice. I will send a second CCA request to the original creditor - frustrating but most likely quicker!

[Diana M]

Re: CCA request returned - advice please?

I noted from your first post that you intend to make F&F settlements with your creditors so I felt it was more important to keep the peace at this stage and not put their backs up which could provoke a court claim at the click of a mouse in retaliation - at least not until you know where you stand legally speaking (credit agreement enforceable or not).

When you start to get responses to your CCA Requests you can then make a decision as to how to manage each individual situation because no two will be alike. Creditors and the agents/solicitors all act and react in different ways.

Good luck with this and don't hesitate to ask as many questions as you like.

Di