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DCA CCA not returned what next?
hbslc
Posts: 252 Forumite
A debt collector was chasing a debt I'd never heard of. I sent a letter asking for original credit agreement. I heard nothing, except that it was being passed on to their client. Their client then advised me that the debt was a Smile overdraft. I have not heard anything since & its been about 6 weeks. Do I assume the debt is cancelled, do i write to advise that the debt doesn't stand, do i contact smile, do i login to smile?
Smile was a joint account with my ex-partner, legal stuff happening, i've ignored smile for at least 12 months. No letters recieved but they would have been sent to my ex-house, no emails other than statement notifications.
What is the process for proving & then for confirming the debt doesn't stand?
Smile was a joint account with my ex-partner, legal stuff happening, i've ignored smile for at least 12 months. No letters recieved but they would have been sent to my ex-house, no emails other than statement notifications.
What is the process for proving & then for confirming the debt doesn't stand?
Debts at 02/02/20: c£225,000 inc CCs of <£1000 repaid in full monthly
Debts at 14/07/10: £278,091 inc £24k unenforceable and £16k consumer debt. But House no longer derelict!!!
LBM: 14/08/07; Debt at LBM: £287131 inc CCs: £37,202.55;
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Comments
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Bumping this up for you.
Personally though if they don't reply back I would just let it go. There is a certain time limit they have after a request for a CCA so if they've broken this they can't collect the debt and were obviously just trying it on.Total 'Failed Business' Debt £29,043
Que sera, sera.
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No cca = unenforceable agreement. It does not matter whether it was the original creditor, or the dca, the cca should have been provided within 12 working days of their receipt of your request, otherwise the agreement is no longer enforceable without a court order. After a further 30 days, if they still have not provided the cca, then they have committed a criminal offence.
Send them the letter in the following link (thanks to weller):
http://forums.moneysavingexpert.com/showthread.html?p=6520151#post6520151
Hope that helps.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Hi,
Unfortunately Bank account overdrafts are exempt from CCA requests, the creditor is not required to have an agreement in place and so has no requirement to provide one to the debtor.
kind regards,
shane0 -
Thanks to all responders.
If overdrafts are exempt from CCA, why would the debt collector stop chasing me?
Is there a Web site I can read to understand CCA stuff?
CheersDebts at 02/02/20: c£225,000 inc CCs of <£1000 repaid in full monthlyDebts at 14/07/10: £278,091 inc £24k unenforceable and £16k consumer debt. But House no longer derelict!!!LBM: 14/08/07; Debt at LBM: £287131 inc CCs: £37,202.55;0 -
Hi hbslc,
just had a long conversation with the OFT, there might be some merit yet in sending a CCA to the DCA for an overdraft. Though OD's are exempt from section V of the ACT nevertheless they are classed as a running account credit, I'm looking into the various statuatory instruments regarding this. I would suggest send the CCA and post up the response from the DCA. Most of them are so dimwitted they probably won't even realize the dichotomy in the legislation anyway!
kind regards,
shane0 -
I couldn't find anything specific regarding overdrafts and CCA, but did come across a footnote.
http://www.competition-commission.org.uk/inquiries/current/homecredit/working_paper_regulatory_roles.pdf
Page 2 - the line before "The Treasury"
I have seen overdrafts mentioned in the 2006/08 amendments saying that
"There is a surprising degree of confusion between lenders about whether overdrafts fall within scope of the 2006 Act. Generally, overdrafts have not been regulated by the Consumer Credit Act."
I was looking into this because of this thread http://forums.moneysavingexpert.com/showthread.html?p=6705033
but not sure if my advice will hold up as this DCA seems to be sticking to their guns
After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
An update. The DCA went quiet on me. I never recieved the original CCA.
However, I have now recieved notification from smile that they have assigned the debt to the original DCA.
The original DCA has sent me a letter requesting an agreement is reached.
Is there any clarification now that bank overdrafts are covered by the CCA or not? Is it still general?
Another point worth mentioning is that this relates to a joint bank account & I have no idea what the other party is doing due to seperation proceedings. She refuses to discuss anything with me, and isn't representing herself in court as I seek to evict her from my house!
What effect does this have on the bank overdraft?Debts at 02/02/20: c£225,000 inc CCs of <£1000 repaid in full monthlyDebts at 14/07/10: £278,091 inc £24k unenforceable and £16k consumer debt. But House no longer derelict!!!LBM: 14/08/07; Debt at LBM: £287131 inc CCs: £37,202.55;0 -
I couldn't find anything specific regarding overdrafts and CCA, but did come across a footnote.
http://www.competition-commission.org.uk/inquiries/current/homecredit/working_paper_regulatory_roles.pdf
Page 2 - the line before "The Treasury"
I have seen overdrafts mentioned in the 2006/08 amendments saying that
"There is a surprising degree of confusion between lenders about whether overdrafts fall within scope of the 2006 Act. Generally, overdrafts have not been regulated by the Consumer Credit Act."
I was looking into this because of this thread http://forums.moneysavingexpert.com/showthread.html?p=6705033
but not sure if my advice will hold up as this DCA seems to be sticking to their guns
Page 2 - the line before "The Treasury" now reads "The DTI has stated that overdrafts are partially regulated under the consumer credit agreement"
The amount due to the DCA is just over £1500. Should i reply with a 12+2+30 'unenforceable' & offence has been committed letter?Debts at 02/02/20: c£225,000 inc CCs of <£1000 repaid in full monthlyDebts at 14/07/10: £278,091 inc £24k unenforceable and £16k consumer debt. But House no longer derelict!!!LBM: 14/08/07; Debt at LBM: £287131 inc CCs: £37,202.55;0 -
Page 2 - the line before "The Treasury" now reads "The DTI has stated that overdrafts are partially regulated under the consumer credit agreement"
That is interesting, hbslc, and I, too, wonder why the dca did not reply to your original cca request - I have to agree that I, too, thought that overdrafts were not covered by the Consumer Credit Act, but have also seen professional advice suggesting that you go down the cca route for an overdraft 'debt', especially if the 'overdraft' were an integral part of the initial conditions of the account.
Given what George has found, it may well be advisable to send the 'final' letter to the dca.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Well way back then SMILE did give overdrafts as an integral part of the account.
So I'll send the final letter.
Watch this space!Debts at 02/02/20: c£225,000 inc CCs of <£1000 repaid in full monthlyDebts at 14/07/10: £278,091 inc £24k unenforceable and £16k consumer debt. But House no longer derelict!!!LBM: 14/08/07; Debt at LBM: £287131 inc CCs: £37,202.55;0
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