Dealing with DCA's

[TUTTSI]

Re: Dealing with DCA's

From what I understand thatjudgment was about s78 only NOT about proving theres an valid enforcable agreement.
you can read the judgement here...http://www.judiciary.gov.uk/docs/jud...rey-v-hsbc.pdf

[Curlyben]

Re: Dealing with DCA's

Doesn't change a thing..

[Ruby]

Re: Dealing with DCA's

I have received a credit card agreement from Capital One dating back to the begining of 2008. It is not signed by anyone. Dispite the fact that it is post April 2007, can I assume it still has to be signed by both parties? Fredrickson International are sending their 'threat' letters re taking court action.

[froglegs123]

Re: Dealing with DCA's

thank you for your advice have read through and will re read again and fire off my prove it letter
i would just like to see if you could give me some advice for my father obviosly this so called agreement is in his address and he is quite old and now worried what can i do to reassure him they are not coming to take his stuff as i now no longer live near enough to just pop round if anthing occurs

[Curlyben]

Re: Dealing with DCA's

WAIT for them to write to you (or your father) before you start firing off any letters.
Phone calls are meaningless and a waste of time.

IF they call again simply state you require everything in writing for the avoidance of doubt, this is completely within your rights.

DCA's say alot of things and 99.9% of it is simply harassment. After all the phone monkeys are simply trying to get any sort of payment out of whoever they talk to.

[Andrea]

Re: Dealing with DCA's

I, too, wish to add my thanks to CurlyBen and Amethyst for their unstinting efforts to assist us. This site gives us all the tools we need to fight these unethical and greedy debt chasers - who, often, harrass those (like me) who don't have a debt with the company they claim to represent. I live in a house that used to be rented by students some 8 years ago - so I just charge them for my time and effort - £25 per letter.

[Cheekymonkey1965]

Re: Dealing with DCA's

Well done we need people like you, so keep it going I think your work is great and has really helped me.

I only have a debt with MBNA for £1950 from 7 years ago with I would pay back to them if I thought it would solve everything.

But it has been passed to so many people that I nearly forgot who I owed it to.

Arrow Globle now have it and yesterday phoned my work up to ask for my mobile number which was funny because I work for myself.

I don't know how they got my home number it's ex directory or my work number but I will start using your letters and advice which is good and clear thanks.

[Caspar]

Re: Dealing with DCA's

A hopefully basic couple of questions:
What difference did the Carey make to anything mentioned in CB's thread?

Do agreements sent have to be signed still?

What exactly is a true copy? Is it as it suggests a copy of the original agreement? If not what is the minimum they can get away with sending to comply with a CCA request?

Thanks!

[Ready2Run]

Re: Dealing with DCA's

So what is covered by Consumer Credit Act (CCA) 1974 ?

In a nut shell the following:
Fixed sum Credit (S77), Loans (Bank, etc)
Variable Sum Credit (S78) Cards, catalogues
Higher Purchase (S79) HP agreements.

Utilities, telecoms, broadband, TV, rentals, etc are NOT covered by CCA, but there are ways to make the DCA's work for their money in these cases.

I note that this was posted in 2008 but have things not changed over the last three years.

Why do Vodafone have in thier T & C's that the agreement is covered by the CCA 1974.

[oatcakekev]

Re: Dealing with DCA's

No problem at all.
This isn't an exhaustive approach and some tweaking is required depending on the situation, but overall this covers most things.

As I mentioned earlier a lot of CCA analyst comes with experience and serious reading

Thanks Ben, that makes a lot of sense to me. I was simply going to pass it on to my solicitor to deal with, but this looks like I can save a few quid on his fees. Terrific.

[bobbed4345]

Re: Dealing with DCA's

please eplain what oc and dca means. sorry to sound silly but i'm new to all this and really need help understanding what they mean.... thankyou

[Curlyben]

Re: Dealing with DCA's

OC - Original Creditor
DCA - Debt Collection Agent

Any others you're unsure of ?

[bobbed4345]

Re: Dealing with DCA's

OC - Original Creditor
DCA - Debt Collection Agent

Any others you're unsure of ?

thats fine thankyou so much for telling me. maybe i wil get the hang of it one day lol.....

[squaddiewife]

Re: Dealing with DCA's

Hi Curlyben,

After much wrangling by Hillesden, they have eventually accepted that I have requested a CCA. They have now written to me to say that they are still waiting for the documents from the original creditor. They say that if they are unable to provide the original paperwork they will supply me with a true copy which will comply to section 77 - 79 of the consumer credit act. They also state that *whilst they may not be able to enforce the agreement without the documents, the judgment remains intact and that they shall carry on updateing my account status with the credit ref agencies. They would also like to draw my attention to the ruling of Mc Guffic v RBS 6th Oct 2009 in relation to what is considered enforcement.

Anyway my question is: Should I now send a letter saying that the account is formally in dispute, seeing that they have failed to comply with my legal request?????
These guys are saying that they will update me in 21 days!!!!!! I think not! They should comply with my requests or I should be able to complain....it seems very unfair that they should be given more time to comply with a legal request from me!!

[Drew]

Re: Dealing with DCA's

So what is covered by Consumer Credit Act (CCA) 1974 ?

In a nut shell the following:
Fixed sum Credit (S77), Loans (Bank, etc)
Variable Sum Credit (S78) Cards, catalogues
Higher Purchase (S79) HP agreements.

Utilities, telecoms, broadband, TV, rentals, etc are NOT covered by CCA, but there are ways to make the DCA's work for their money in these cases.

How can DCA's be made to work for their money in the case of Utility Bills? As I have a few hounding me and need some urgent help with them please.