Dealing with DCA's

[CleverClogs]

Re: Dealing with DCA's

Are mortgage shortfalls covered by a cca?

No. :tinysmile_aha_t:

[FlamingParrot]

Re: Dealing with DCA's

Hi curly Ben,
I made offers to my creditors all now with dca,s some have sent me letters rejecting as I offered just a little over10% they are asking me to call them to discuss payment the other want a income & expenditure. I have noticed your advice not to call them my debt management company contact them and have token payments in plAce. These debts over over 7 years old mainly credit cards and personal loans. I want to start paying them off offering them full and final settlements. So I am wondering do I send the ones that replied cca requests now to get on their nerves and start to make effort to accept my offers? I have no assets or money to make full payments so can I reply saying re consider my offer or I am looking to go bankrupt? Also I signed my full and final offer letters will this cause complication?

The whole point of CCA requests is to see what sort of paperwork they come up with, why don't you post up their replies (remove personal details first) so we can take a look? If you are going to pay off some debts, you should prioritize the enforceable ones where they could take you to court and win if you stopped making payments. Would be good if you gave us a bit more info about your debts, what are they, who are they with, amount outstanding and CCA status - when did you send out the CCA requests and what they replied with.

Are mortgage shortfalls covered by a cca?

Not only are they not covered, the limitation period for those is 12 years rather than 6.

[timdog]

Re: Dealing with DCA's

Hi Curly Ben and anyone else that could help me I have replied with the request for a signed credit agreement and used Curly Bens template to do this - not acknowledging the debt.

This was sent to Lewis Debt Recovery with the £1 postal order for the information.

I received this reply -


"Dear Mr Elliott

Account number xxxxxxx

We refer to your recent correspondence in which you have made a request for information under Section 77-78 of the Consumer Credit Act 1974 for your account listed above.

Please be advised we are not the creditor in this matter. The creditor is Cabot Financial and we are merely instructed to act on their behalf to recover ay outstanding balance due.

The statutory obligation to provide this information remains with the creditor and we therefor suggest you subit your request to them directly.

We trust this clarifies our position.

Yours sincerely

The complience department
Lewis Debt recovery."


Naturally they have not returned my £1 postal order - and I am a bit frustrated. Please help me guys how should I reply to them or should I just do as they say and subit the request to Cabot Financial surely they should not be harrassing me without the appropriate information at hand?

There is no debt my credit istory is clear of any unknown debts and any debt to Cabot Financial whoever they are.

Thanks in advance for anyones help.

Tim

[dogtired]

Re: Dealing with DCA's

Cabot are also a debt collector, have you had any thing from them at all?

[labman]

Re: Dealing with DCA's

Send them this:

Dear Sir,


Your Ref: Account No/Reference No: abcd1234


I recently requested that you supply me a copy of the alleged Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
I explained clearly in my original letter what I expected from you, therefore your response telling me to go back to the original creditor is completely unacceptable. I refer you back to your legal obligations, in particular s.175 (CCA1974), cited below:

“If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).”


As is evident from the above quotation, it is up to you to do the running around, not me! Therefore I put the original request back to you and expect a response within the timescales allowed. I request once again that you provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply. If you cannot find the information then you are to return to the original creditor and ask them for it, that is very clearly your responsibility, not mine.


Attached is a copy of my original request. I have not included the statutory fee of £1.00 as you failed to return it to me in your previous response. Please note these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. You should then remove the incorrect entry from your systems.


I look forward to hearing from you.


Yours faithfully,




Print Name

[FlamingParrot]

Re: Dealing with DCA's

Naturally they have not returned my £1 postal order - and I am a bit frustrated. Please help me guys how should I reply to them or should I just do as they say and subit the request to Cabot Financial surely they should not be harrassing me without the appropriate information at hand?

There is no debt my credit istory is clear of any unknown debts and any debt to Cabot Financial whoever they are.

Normally you'd send a CCA request when you know it's your debt but you want to challenge them to prove the account is enforceable. If you don't recognise this as being your debt, then a 'Prove it' letter could be more appropriate, if they can't prove you owe them anything, then they should leave you in peace! :thumb:

If a default was recorded over 6 years ago, it would have dropped off your credit file, is it possible this was an old debt you'd forgotten about? Obviously if you haven't paid or acknowledged in 6 years, it would also be SBd. :bounce:

Prove it letter:

Dear Sirs

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to [insert company name].

I am are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

[labman]

Re: Dealing with DCA's

Either of the above letters will do the job. The one posted by Flaming Parrot would normally be posted prior to a CCA request, and the one by me in the situation you find yourself having sent one and had that response. In the circumstances, it really makes very little difference which you use.

[timdog]

Re: Dealing with DCA's

Cabot are also a debt collector, have you had any thing from them at all?

Hi sorry have been out for the afternoon - I believe they (Cabot) called and chased me for money when I lived at my marital home only one phone called was answered and I vigorously denied any debt - since moving from there it seems the "debt" did get passed onto Lewis Debt Collection (my ex-wife has kindly given them my new address - but I would rather they hassle me than my ex-wife and kids) - however I had never acknowledged any debt and know of none - an old rented address I lived at was mentioned by Cabot so I believe I may have been the victim of fraud or something I have always paid my debts and yes I have had some.

Another point and a personal issue I ave a premature baby in hospital who was a twin - we lost one of them - with all this going on I am signed off from working with stress I feel unable to cope until my remaining twin is out of hospital - so this Lewis Debt is just the icing on the cake and really is stressful as you can imagine - may seem like too much info but it's relevant when you feel like you are being harassed for money you don't owe. And as another member has said the address I lived at was over 8 years ago so if there was one (and there is not) it would be Statute Barred

[timdog]

Re: Dealing with DCA's

Send them this:

Dear Sir,


Your Ref: Account No/Reference No: abcd1234


I recently requested that you supply me a copy of the alleged Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
I explained clearly in my original letter what I expected from you, therefore your response telling me to go back to the original creditor is completely unacceptable. I refer you back to your legal obligations, in particular s.175 (CCA1974), cited below:

“If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).”


As is evident from the above quotation, it is up to you to do the running around, not me! Therefore I put the original request back to you and expect a response within the timescales allowed. I request once again that you provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply. If you cannot find the information then you are to return to the original creditor and ask them for it, that is very clearly your responsibility, not mine.


Attached is a copy of my original request. I have not included the statutory fee of £1.00 as you failed to return it to me in your previous response. Please note these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. You should then remove the incorrect entry from your systems.


I look forward to hearing from you.


Yours faithfully,




Print Name

Hi Iabman sorry have been out for the afternoon - this is exactly the sort of thing I am after as I do not believe I should be the one who has to do any more chasing after all they are chasing me for the debt - this letter is amazing - thanks so much is there anything I can do to repay you, please do not hesitate to ask. I will set this up to send on Monday and await their response - I will keep you posted of this.

[timdog]

Re: Dealing with DCA's

Normally you'd send a CCA request when you know it's your debt but you want to challenge them to prove the account is enforceable. If you don't recognise this as being your debt, then a 'Prove it' letter could be more appropriate, if they can't prove you owe them anything, then they should leave you in peace! :thumb:

If a default was recorded over 6 years ago, it would have dropped off your credit file, is it possible this was an old debt you'd forgotten about? Obviously if you haven't paid or acknowledged in 6 years, it would also be SBd. :bounce:

Prove it letter:

]
Originally Posted by DCA ignores CCA Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore


You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.



Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
BLAH





Hi FlamingParrot

Just to show you (ABOVE) this is the exact letter I replicated and sent to Lewis Debt - I feel this asks them to prove it and a bit more. Thanks so much for your letter you have kindly taken the time to post for me - I will be sending the one
labman posted as it deals wit the fact they did not return my postal order and I really feel they should do the running I am a bit frustrated but after both your guys input I feel confident again - watch this space I will update as necessary.

Thanks again.....

[timdog]

Re: Dealing with DCA's

Do you like oranges?

Sorry you've lost me :-D

[FlamingParrot]

Re: Dealing with DCA's

Do you like oranges?

I do, but prefer raspberries... :confused2: :confused2: :confused2:

[timdog]

Re: Dealing with DCA's

Just about to have some strawberries and cream on a meringue :-)

[labman]

Re: Dealing with DCA's

Apologies - someone in my house is going to be tarred and feathered shortly. Leave your computer alone for 10 minutes and someone has posted a smartass comment and left the house.

FWIW I don't like oranges! Grrrr........

[MIKE770]

Re: Dealing with DCA's

Apologies - someone in my house is going to be tarred and feathered shortly. Leave your computer alone for 10 minutes and someone has posted a smartass comment and left the house.

FWIW I don't like oranges! Grrrr........

Might be a right Pear!?