Solicitor Letter Received For Credit Card Debt

[Logo27]

Hi
I have received a letter from a solicitors on behalf of a DCA for an outstanding balance on a credit card.
They have said that I need to complete a income & expenditure questionnaire and return it to them within 14 days of the date on the letter with a proposal payment back plan.
I sent the DCA the letter asking for proof of credit agreement and got no response instead received this letter.
Can I or will the solicitor accept this letter if I send it to them in response of their letter or is it too late now it is with them?
Thanks

[Celestine]

Re: Solicitor Letter Received For Credit Card Debt

I would respond like this

Dear XXXX

Thank you for your letter received XX/XX/2014.

I assume this letter is in response to the s.78 CCA request I made on the XX/XX/2014 to XX DCA to identify their rights to collect monies for an alleged debt formerly held with XXX (Original Creditor). This letter does not constitute an acknowledgment toward that account.

That CCA request remains unfulfilled and therefore the account is now in breach of s.78 (1) CCA 1974. Could you please clarify in writing whether your client XX DCA intends to comply with my s.78 request and in what timescale. I draw your attention to s.78 (6) which precludes enforcement of this debt until s.78 (1) is complied with correctly.

Whilst we are in communication, I also request to be supplied with a statement of account, explaining any charges or interest that may have been applied. It would also be appropriate to supply a copy of the assignment notices & default notice.

I am not under any obligation to supply you with any details regarding my income until these regulatory requests have been complied with.

This account is in dispute and any legal escalation will be vigorously defended.

Yours XXX

[Logo27]

Re: Solicitor Letter Received For Credit Card Debt

Thanks! Will send this asap recorded this time too!

[Logo27]

Re: Solicitor Letter Received For Credit Card Debt

So I sent the letter to the DCA and the solicitor today by recorded so be interesting to see what happens next.

Lets hope it goes my way.

[Logo27]

Re: Solicitor Letter Received For Credit Card Debt

Well ive had a letter back from the solicitors in response to the Prove It letter and they've said 'we are taking our client instructions on this matter and therefore your account has been placed on hold'
So will see what happens / what is sent to me next.

Is this a good or bad thing to be sent? Ive had nothing from the DCA about it yet. I did send them the same letter.

[Kafka]

Re: Solicitor Letter Received For Credit Card Debt

It means they're panicking because they don't have the documentation they are required to have to commence legal action and realise that they will have a real fight if they try to push this.

You haven't provided any background details to this account so no-one can advise if they do file a claim. Depending on that background, it might also be prudent to send SAR now to the original creditor so that you are aware of all the documentation that the OC will be able to supply them with. They have 40 days to comply to SAR so that needs sending now.

[Logo27]

Re: Solicitor Letter Received For Credit Card Debt

What's the SAR?

I should send this to the original lender? Not the DCA/solicitor chasing the debt?

[MIKE770]

Re: Solicitor Letter Received For Credit Card Debt

Subject Acess request with £10.00 postal order

[Kafka]

Re: Solicitor Letter Received For Credit Card Debt

This goes to the original creditor. The DCA can only get data from them, so this will inform you what actually exists.

[Kafka]

Re: Solicitor Letter Received For Credit Card Debt

http://www.legalbeagles.info/forums/...otection-Act-)