What if the DCA re-directs CCA request?

rebel2 · 8 November 2009 at 6:55PM

Hi Everyone, I have had 3 Dca's who havn't replied after 6 weeks two are the same company. 2 who want me to send another £1 to somewhere else,they havn't cashed my father's £1 cheques either by the way. I have received 4 CCA's all application forms, 3 of which are not enforceable,they are posted on this site, and the other one is pretty illegible and is spread over 2 pages with no authorising signature. What do I do about the 2 who are re-directing me to another DCA or the OC, I CCa'd them not to be told CCa someone else?. Also DLC were CCa'd but another company replied twice, and DLC still keep phoning me!. I have told them to send letters in future as I have not spoke to them for 6 months and I'm not going to start again now. Do you think they passed the account on to another dca and they have passed it back again?

gilligansyle · 8 November 2009 at 8:38PM

If the DCA have been assigned the debt, it is they you should deal with and they should not pass you on. My understanding is that they should send you the CCA, not the OC. The fact that they haven't implies that they don't have it.

If it has been passed to someone else you should have a notice of assignment.

DarkConvict · 8 November 2009 at 11:59PM

Im sure im right on this one.

A DCA is responsible for dealing with a CCA request, within the 14 days they need to send you a valid CCA. If they are not the original creditor they are obligated to pass it onto them to deal with, they should send the CCA to them, and then they pass it onto you. All within the 14 days.

You only need to deal with the DCA that owns the debt, not the original creditor.

If after 14 days they have not sent you a CCA you can send the dispute letter, if 14 days have not passed, remind them off there obligation to send it and that they have only until x date to do so.

rebel2 · 9 November 2009 at 8:53AM

Hi, Thanks for that I just wanted to get things sorted out in my mind so I can now move on to the next stage. All the DCA's are now in dispute one way or another. They have all recieved the 12+2 letter and its gone weeks further than that with half of them,is it just a question of waiting now to see what happens?. I'm kind of waiting for the telephone calls now!

fermi · 9 November 2009 at 8:58AM

If a DCA has bought the debt, then they are legally the creditor by law and must provide the CCA.

If they are just acting for the OC then the law says the must forward the request and payment on to the OC.

Either way, refusing the request and saying that you must contact the OC is bullsh*t. Plain and simple. Just tactics to try and avoid there responsibilities.

fermi · 9 November 2009 at 9:05AM

A DCA collecting a debt on behalf of a creditor is an "agent".

175. Duty of persons deemed to be agents.

175. Duty of persons deemed to be agents.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

If the DCA claims to have been assigned the debt then.......

189. Definitions.

“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

rebel2 · 9 November 2009 at 9:38AM

As I was typing this Cabot rang to say that they are not aware that the account was in dispute!. They have sent me 3 letters and the CCA that is posted here and I have sent the template letter saying 'not a true copy'!. I told them that the CCA is not enforceable because it is faulty but 'the team leader' told me that I had signed it and thats good enough!.I told them that all future contact has to be by letter only as my solicitor advised, but he just kept on talking on and on untill I told him they had all the proper letters sent to them to put the account in dispute. He then said it isn't on his system yet but they managed to send the CCA to me!. He also said why did I pay in the past on this account and I replied because you made me believe that I was liable and you had a legal agreement which you do not!. They said that they would only contact me by letter in future and I am not talking to any more dca's.!

fermi · 9 November 2009 at 1:02PM

rebel2 wrote: »

I told them that the CCA is not enforceable because it is faulty but 'the team leader' told me that I had signed it and thats good enough!

Utter bullwarks. :mad:

Don't talk to these liars on the phone.

What if the DCA re-directs CCA request?

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