Dealing with DCA's

[charitynjw]

Re: Dealing with DCA's

I'd send it - it'll keep them busy for a while (or they may realise you're not a soft target, & just move on to the next person)

All the while, the SB clock is ticking!

[timdog]

Re: Dealing with DCA's

I'd send it - it'll keep them busy for a while (or they may realise you're not a soft target, & just move on to the next person)

All the while, the SB clock is ticking!

HI charitynjw - since we last discussed Lewis Debt Management I had written the prove it letter to them as per your advice - that letter also contained the bit about them doing the running around and not me.

Since this letter it seems Lewis have listened and contacted Cabot financial - who have written me a letter in response which I will type out to you below for your feedback if you have the time please - as I think I may have them over a barrel here - lets see what you think.

The letter

From Cabot Financial :

"Dear Mr Elliott

Your request for information under the Consumer Credit Act 1974

Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender.

What happens next?

We anticipate that we will be able to, provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

Contacting Cabot

If you have any queries about your account please call one of our customer advisors on 0845 026 0463 (Minicom: 01732 524630)

Yours Sincerely

Customer Assurance Team"

Now I recall from previous letters I had sent to Lewis Debt Management (using templates from here) the time limit for the request was a lot less than 40 days and that the "limits" stated are they made up by Cabot?

Could you advise me what to do from here - any help is greatly appreciated - Thanks - Tim

[charitynjw]

Re: Dealing with DCA's

Hi Tim,

They've got 14 days (+2 for postage) to come up with the goods.

If they do not, they have to stop chasing until they can comply.

Depends on how desperate you are to get hold of the info - personally I would allow the 40 days & diarise (is that a word, lol!) it as a reminder. (the grey cells ain't what they used to be - neither of the two of them!)

[CleverClogs]

Re: Dealing with DCA's

They've got 14 days (+2 for postage) to come up with the goods.

One might say that Cabot are complete idiots were it not for the suspicion that they have bits missing, making them incomplete.

If they do not, they have to stop chasing until they can comply.

They should cease chasing, as section 78(6) - link - would apply and the alleged debt would be impossible to enforce at law until/unless they cobbled together something with which they could convince a judge they had complied with s78(1).

[FlamingParrot]

Re: Dealing with DCA's

HI charitynjw - since we last discussed Lewis Debt Management I had written the prove it letter to them as per your advice - that letter also contained the bit about them doing the running around and not me.

Since this letter it seems Lewis have listened and contacted Cabot financial - who have written me a letter in response which I will type out to you below for your feedback if you have the time please - as I think I may have them over a barrel here - lets see what you think.

Now I recall from previous letters I had sent to Lewis Debt Management (using templates from here) the time limit for the request was a lot less than 40 days and that the "limits" stated are they made up by Cabot?

Could you advise me what to do from here - any help is greatly appreciated - Thanks - Tim

The 40 day time limit applies to a Subject Access Request (SAR) which is a request under the Data Protection Act for all data held about you, normally used to obtain statements and other documents relating to your account and sent to the original lender rather than the DCA.

For a CCA request under s.77-79 of the Consumer Credit Act, the time limit is 12 days + 2 allowed for service.

A 'prove-it' letter is none of the above. Which one did you send? :confused2: Only a CCA request under s.77-79 has legal standing in terms of unenforceability, i.e. the account will be UE till such time they comply with the request.

[CleverClogs]

Re: Dealing with DCA's

The 40 day time limit applies to a Subject Access Request (SAR) which is a request under the Data Protection Act for all data held about you, normally used to obtain statements and other documents relating to your account and sent to the original lender rather than the DCA.

For a CCA request under s.77-79 of the Consumer Credit Act, the time limit is 12 days + 2 allowed for service.

A 'prove-it' letter is neither of the above.

I have corrected your post.

Write it out five times in your copy-book, using ink and a pen if possible.

Which one did you send? :confused2: Only a CCA request under s.77-79 has legal standing in terms of unenforceability, i.e. the account will be UE till such time they comply with the request.

However, were they to respond to a "prove it" letter with further, unsubstantiated demands, one could regard such antics to be harassment.

[charitynjw]

Re: Dealing with DCA's

I have corrected your post.

Write it out five times in your copy-book, using ink and a pen if possible.


However, were they to respond to a "prove it" letter with further, unsubstantiated demands, one could regard such antics to be harassment.

Is that neither as in 'neether', or is it 'nither', CC

Correct pronunciation is somewhat of an obsession of mine.

Regards

Tom Ato

[timdog]

Re: Dealing with DCA's

The 40 day time limit applies to a Subject Access Request (SAR) which is a request under the Data Protection Act for all data held about you, normally used to obtain statements and other documents relating to your account and sent to the original lender rather than the DCA.

For a CCA request under s.77-79 of the Consumer Credit Act, the time limit is 12 days + 2 allowed for service.

A 'prove-it' letter is none of the above. Which one did you send? :confused2: Only a CCA request under s.77-79 has legal standing in terms of unenforceability, i.e. the account will be UE till such time they comply with the request.

The prove it letter was sent after I had sent a CCA request to the Lewis Debt Management - who had been making threats. They had stated I should ask the original people (Cabot) for this - it was at that stage I replied with a prove it letter - should I reply to Cabot now with the CC request thus enforcing the 14+2 Day time limit as I had already sent this to Lewis (at cost to myself)? I hope I am making sense please let me know if I am unclear here - thanks for your time and input.

Tim

[FlamingParrot]

Re: Dealing with DCA's

The prove it letter was sent after I had sent a CCA request to the Lewis Debt Management - who had been making threats. They had stated I should ask the original people (Cabot) for this - it was at that stage I replied with a prove it letter - should I reply to Cabot now with the CC request thus enforcing the 14+2 Day time limit as I had already sent this to Lewis (at cost to myself)? I hope I am making sense please let me know if I am unclear here - thanks for your time and input.

Tim

No, there is no real way to enforce the 12+2 time limit (it's 14 days in total including 2 for service). If Cabot write to you, you just write back to them stating you've already sent a CCA request to Lewis Group and the request hasn't been complied with. Regardless who the account owner is, the agreement can only come from a single source: the original lender, so both Lewis and Cabot would have to go back to the bank to obtain it. :thumb:

[FlamingParrot]

Re: Dealing with DCA's

I have corrected your post.

Write it out five times in your copy-book, using ink and a pen if possible.

I had typed neither but I just remembered "none of the above":

Is that neither as in 'neether', or is it 'nither', CC

It depends on what language you speak: or

Let's call the whole thing off! :lol: :lol: :lol:

[timdog]

Re: Dealing with DCA's

No, there is no real way to enforce the 12+2 time limit (it's 14 days in total including 2 for service). If Cabot write to you, you just write back to them stating you've already sent a CCA request to Lewis Group and the request hasn't been complied with. Regardless who the account owner is, the agreement can only come from a single source: the original lender, so both Lewis and Cabot would have to go back to the bank to obtain it. :thumb:

OK so I will just wait and see what they com up with now - I have proof that the CCA letter had been sent to Lewis group and everything is recorded for future reference if needed. Thanks for your input.

Tim

[Ben23BH]

Re: Dealing with DCA's

Can anyone recommend a good debt collection agency in Sheffield?

Thanks!

[Nibbler]

Re: Dealing with DCA's

Considering this forum, we can probably suggest some bad ones? :tung:

[gmleo]

Re: Dealing with DCA's

So overall I hope you found this informative and enlightening.

Any questions, comments or suggestions ??

Ben

Hi Curlyben
It's five and a half years old this thread, it's almost SB'd but I found it very useful.
I've just used two of your template letters, slightly altered and sending them off recorded delivery tomorrow.

I've a question. You said

Now remember you have NOTHING to say to them until they comply with your request OR the 12+month is exceeded.

in post #5 and again in post #8.
Can you explain the importance of the 12+ months, and is it still relevant today?

Thanks for taking the time all those years ago to write this thread, I'm very glad you did.

[labman]

Re: Dealing with DCA's

Hi Curlyben


I've a question. You said in post #5 and again in post #8.
Can you explain the importance of the 12+ months, and is it still relevant today?

I suspect it refers to 12 days + 1 month for failure to comply with a Section 77-79 request which used to trigger a criminal offence, punishable by a hefty fine and /or 6 months in prison. I think this was repealled in the 2006 Act.