Dealing with DCA's

[TUTTSI]

Re: Dealing with DCA's

I just wanted to add, do not speak to these people on the phone, it will only wind you up. As more than likely they would ask you for personal details like your DOB etc..... do not give anyone who rings you any information at all.

[Baby J]

Re: Dealing with DCA's

Hi all new to LB today so hope I'm doing this right.
Want to start a self managed DMP and just checking that all the great info and letter templates from Curly Ben on dealing with creditors is still up to date Thanks

[dogtired]

Re: Dealing with DCA's

Hi all new to LB today so hope I'm doing this right.
Want to start a self managed DMP and just checking that all the great info and letter templates from Curly Ben on dealing with creditors is still up to date Thanks

:bump:

[charitynjw]

Re: Dealing with DCA's

Hi Baby J, & welcome to the dog....er, madhouse! (& thanks to dt for the 'bump').

I'll have a word with the experts.

Back soon

[charitynjw]

Re: Dealing with DCA's

This is the latest advice I could find
http://www.legalbeagles.info/forums/...lf+managed+dmp

Some information has changed ( ie CCCS is now http://www.stepchange.org/ )

[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 having sent this as a reply to Lewis Financial Group I have since had no reply - just a red letter stating I need to pay the debt (there is non) by 2nd July or they are sending someone round. I live in a rural area do you really think they would send someone down? As they have not replied to my request for the credit agreement does this mean theyare breaking the law now? They have not responded to the letter as you advised above - should this be a positive thing? Many thanks in advance - Tim Dog......

[charitynjw]

Re: Dealing with DCA's

Hi timdog & welcome to Legal Beagles.

When did you send the above letter? (Or did you email?)
When did you send the CCA request & did you enclose the £1 fee?
Did you send them with proof of postage?

[timdog]

Re: Dealing with DCA's

Hi thanks for your prompt reply I sent them a letter initially and they sent a letter back saying I should ask Cabot financial for the Credit agreement copy and that they were acting on their behalf - at that point I then sent the letter I just quoted above my post previous as advised by one of the other members of this forum.

They (Lewis Debt) have not replied to this and just sent the first ever red letter demand. I did send a £1 postal order they never sent it back hence the letter quoted in my previous post - dates wise we are past the 12+2 days now for the time limit required but because they are asking me to ask Cabot does this mean it is not enforceable for the time limit should I write to Cabot - surely they are not the ones chasing the debt Lewis are the ones chasing me - there is no debt byt the way my credit score is perfect and no record of any default or debt.

I do have records of special delivery (£6.28 every time!) and dates on letters and postage receipts.

Many thanks for your help charitynjw

[charitynjw]

Re: Dealing with DCA's

Ok, I think we need a bit of background info.

In your first post, you say (I think) that there is no debt outstanding - why, then, are you being chased?

Have you any idea what the alleged debt is for?

Are Lewis acting on behalf of someone else, or have they purchased this debt?

Have you had a Notice of Assignment (Goodbye from previous creditor, Hello from new owner?)

[timdog]

Re: Dealing with DCA's

Ok, I think we need a bit of background info.

In your first post, you say (I think) that there is no debt outstanding - why, then, are you being chased? - I resided in a rented house 9 yeas ago - I had a call from Cabot claiming there was a debt from this house when I was at the address - I had no known debt - I have always paid my debts the only thing I can think of is someone has fraudulantly used my I since I left the rented house.

Have you any idea what the alleged debt is for? - I have no idea and I don't intend to get into dialouge with these people as they are sharks.

Are Lewis acting on behalf of someone else, or have they purchased this debt? - They have not discussed this until I sent the request for the credit agreement - then they claim they are working for Cabot financial (who did send letters to my old address (recently divorced))

Have you had a Notice of Assignment (Goodbye from previous creditor, Hello from new owner?) - I did receive a letter from Cabot Financial stating that they were using Lewis Debt Management to recover the debt and I should deal with Lewis Debt Management with any queries

Thanks in advance - Tim

[charitynjw]

Re: Dealing with DCA's

In which case, send this to Lewis, & demand that they copy it to the creditor (again, proof of postage)

(Thanks to Curleyben for the letter)

Btw, my internet signal keeps dropping out, so communication may be hit & miss!


Originally Posted by Prove I'm The Debtor
Dear Sir/Madam

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

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

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

I/we 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/we look forward to your reply.

[charitynjw]

Re: Dealing with DCA's

Reading back on this thread, I see you've had some excellent advice from, amongst others, FlamingParrot & *labman.

The gist being, make the sillysods prove that you owe; either that or leave you alone.

A charming colloquialism would be 'piss or get off the pot!' (not that you'd ever catch me using such profanities :whistle: )


@ labman
*Oranges, :laugh:
You shoulda seen what one of my little'uns was going to post on another thread!
I just caught it in time!
Bless their little cotton socks, eh! :moony:

[timdog]

Re: Dealing with DCA's

Reading back on this thread, I see you've had some excellent advice from, amongst others, FlamingParrot & *labman.

The gist being, make the sillysods prove that you owe; either that or leave you alone.

A charming colloquialism would be 'piss or get off the pot!' (not that you'd ever catch me using such profanities :whistle: )


@ labman
*Oranges, :laugh:
You shoulda seen what one of my little'uns was going to post on another thread!
I just caught it in time!
Bless their little cotton socks, eh! :moony:

Hi many thanks for the replies - as you have read the other letters I have sent to Lewis - as per the excellent advice from FlamingParrot & *labman in previous posts - do you suggest I still send the letter you quoted in your previous post to this one?

My common sense tells me - even without much legal knowledge - that surely if it's a legitimate debt then they would take me to court through the normal legal process? And also if it was a legitimate debt they would send a Bailiff with a court order round and not a Debt Agent or whatever they term them.......

They are like a Bluebottle's seemingly quite bolshy and quick but I am hoping to splat them with your help!

I will update as soon as I get a reply or don't get a reply as the case may be......

[charitynjw]

Re: Dealing with DCA's

Hi many thanks for the replies - as you have read the other letters I have sent to Lewis - as per the excellent advice from FlamingParrot & *labman in previous posts - do you suggest I still send the letter you quoted in your previous post to this one?

My common sense tells me - even without much legal knowledge - that surely if it's a legitimate debt then they would take me to court through the normal legal process? And also if it was a legitimate debt they would send a Bailiff with a court order round and not a Debt Agent or whatever they term them.......

They are like a Bluebottle's seemingly quite bolshy and quick but I am hoping to splat them with your help!

I will update as soon as I get a reply or don't get a reply as the case may be......

Debt buyers pay pence in the pound for problem debts, & so make an absolute killing if they can get people to pay up.
Hence the utter disregard for OFT guidelines.
I would send the 'prove-it'.
If they ignore that & keep pestering you, it gives you lots of ammo when/if you complain to the OFT.

[timdog]

Re: Dealing with DCA's

charitynjw - So should I send the letter you quoted as a statement to Lewis that they should not keep pursuing this? And if they do keep the harassment then should I report them to Trading Standards Office and the OFT - or do I have to wait 12 months (saw something of this in a previous post from Curly Ben) before I do this?

Thanks for your time again - Tim Dog