Just a question

[winner12]

Hi all
If a debt is in dispute ie no CCA and a DCA is pestering do i need to inform the DCA the account is in dispute or just ignore them

[nemesis45]

Re: Just a question

Hi all
If a debt is in dispute ie no CCA and a DCA is pestering do i need to inform the DCA the account is in dispute or just ignore them

You can inform a DCA that an account is in dispute with the original creditor, ignoring some DCA letters can cause some problems e.g. issue of a court claim.

If a DCA is " pestering" by phone. text, e-mail inform them that you will deal with them only in writing via post which should stop that kind of debt collection activity.

nem

[winner12]

Re: Just a question

Thanks nemesis
I have a template i can juggle has anything changed its really old as is this debt but not SB for another few years

[jon1965]

Re: Just a question

Personally , if it were me I would write telling them that you wish to only communicate in writing blah blah and then add that the original creditor is in default of a lawful S77-79 request and as such any alleged account would be unenforceable in court. Then refer them to the FCA Consumer Credit source book CONC13.

If the debt is purely being chased by a DCA on behalf of the original creditor that should be enough, if it has been sold to a debt purchaser you may feel it worth sending another CCA request to the new owners as that should stop them in their tracks as only the owners can initiate court action

[nemesis45]

Re: Just a question

Thanks nemesis
I have a template i can juggle has anything changed its really old as is this debt but not SB for another few years

.

I don't think there is anything of importance, apart from
The Appeal Court Judgement in Roberts - v - BOS ( available in full online) in which
their Lordships define the level at which telephone contact by a creditor amounts to
harassment After the Debtor has informed the creditor of his preference as to
how he is to be contacted. The court also defined this further as to how many calls
could constitute harassment.

Take a look through the judgement and decide if and how it may apply to your situation.

nem