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Help needed with letter to creditor!

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sarahv18
sarahv18 Posts: 8 Forumite
in Debt-free wannabe
hello there!well to cut the long story short, I checked my experian report and an amount appered apparently owed by myself that I have no knbowledge of. I wrote to them requesting the credit agreement and a breakdown of the charges and i got a letter back saying that they couldn't provide me with a credit agreement as they werent the original creditors and they have bought the right to recover this debt. any help please with a template letter or something along those lines as i want to reply to them ASAP!

Thanks
«1

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    HI sarah

    I'm sure there is a template on here that basically says tough you have to supply it anyway - I'm just searching for it.

    However if its not your debt, how much do you know about it from your credit report? It may not be covered by the CCA and you might need to revert to the standard 'prove it' letter (or a variation of)
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Tixy
    Tixy Posts: 31,455 Forumite
    Can't find the template sarah - how annoying - I'll try asking a man who might know for you.......
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Didn't ask me, :O
    fermi wrote: »
    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.

    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;

    The letter we recommend, i talk to NID is the reminder, - http://forums.moneysavingexpert.com/showpost.html?p=30356001&postcount=9
    I refer to my letter dated XX/XX/XXXX in which I made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-s.79 for a true copy of the regulated agreement referred to in the above account number. You are reminded that you are obliged to supply this under s.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00.

    Remember CCA applies to credit agreements onyl (credit cards, loans, storecards etc). Mobile phones, overdrafts, utility bills, insurance are all under service agreements and not covered by CCA.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Tixy
    Tixy Posts: 31,455 Forumite
    DarkConvict wrote: »
    Didn't ask me, :O

    :oCheers DC ;) , I hate not being able to find things, I thought niddy was still online but turns out he actually does clock off now and then:p
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Tixy wrote: »
    Can't find the template sarah - how annoying - I'll try asking a man who might know for you.......

    Here you go - just done it for you Tixy!

    Follow-Up to DCA who decline your CCA Request
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Tixy wrote: »
    :oCheers DC ;) , I hate not being able to find things, I thought niddy was still online but turns out he actually does clock off now and then:p

    Niddy is always online :D:D:D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Tixy
    Tixy Posts: 31,455 Forumite
    I know, I suspect you are robot really - you never sleep! Though you do get more... erm... 'informal' at night which a robot might not!!
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Tixy wrote: »
    I know, I suspect you are robot really - you never sleep! Though you do get more... erm... 'informal' at night which a robot might not!!

    hehe - you mean you've found the dodgy side of me then (late at night?)..... ooops, yea yea I am an awful flirt with the lovely ladies of MSE - sorry, i'm a sucker for it :D:D:D

    But come to mention it, robot sounds good..... :rotfl::rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 10 March 2010 at 6:57PM
    sarahv18 wrote: »
    hello there!well to cut the long story short, I checked my experian report and an amount appered apparently owed by myself that I have no knbowledge of. I wrote to them requesting the credit agreement and a breakdown of the charges and i got a letter back saying that they couldn't provide me with a credit agreement as they werent the original creditors and they have bought the right to recover this debt. any help please with a template letter or something along those lines as i want to reply to them ASAP!

    Thanks

    Why have you not sent the You know nothing of the Debt / Prove It template?

    You wouldn't do a CCA Request for a debt that is not yours, nor do they have to respond.... however the fact you've defaulted suggests you may be liable after all...

    I just done a template for you, see here: Follow-Up to DCA who decline your CCA Request

    I'd be looking to send the prove it letter to the OC - forget the DCA altogether, especially if you say it is not your account!
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • sarahv18
    sarahv18 Posts: 8 Forumite
    thank you guys!!!!
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