First steps

Bazza66

Firstly, great forum - has helped me alot and I didnt realise what could be done.

So I have cancelled all my payments to my DCA's (I got put under pressure over the phone and agreed to repayments - foolishly - wish I had come across this forum earlier) and will be sending the "Request for CCA" letter. Since I have found various templates for this letter I decided to put together, IMHO, the best parts of each.

I would be greatful for any comments.

Also, while I am here, if they fail to come up with the documents then what are the, realistic, chances of reclaiming the money I have already paid? My thoughts are that if they do not actually have the debt then they have got money out of me under false pretences.

Bazza

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Request for CCA Template

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My Address

28 July 2008

The DCA
DCA address

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send me a copy of this credit agreement.


1) I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request; your obligation also extends to providing a statement of account. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.


"the enclosed payment is not to be used to reduce any alleged outstanding balance"

I understand a copy of my credit agreement should be supplied within 12 working days.

2) A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.


You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.


I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully
Mr X Y

OliveOyl_2

Well done for these first steps and welcome to the DFW forum.
I'm sorry I'm not knowledgable enough to advise on these letters, but I'm sure someone will be along soon and will say if or where you might be going wrong

In the meantime, you may find it helpful to post up an SOA (see sticky at the top of page 1) Then the good bods can pore over it and show you where extra savings could be made to bring your debt-free day closer.

Good luck!

thepinkladez_2

welcome! the letter seems good, similar to the one i wrote to all my debtors. I am only at the early stages, wednesday is the d day for first letter and to date only one debtor has supplied what i have asked for but all but one have cashed cheque!! So i am not really that knowledgable but in posting i hope that bumping the post will bring the more knowlegable!
I dont know if they will return the money you have already paid, not sure on that one! but imagine it will be like getting blood from a stone!
good luck in your quest

Bazza66

Thanks for your support. I would post a SOA but thats my problem at the moment. I dont actually know what I owe and where. I have DCA's hassling me and not entirely sure whether I owe money or not. I have just made some payments in order to get the hassling off my back (i.e. numerous phone calls etc) but I guess thats what they do in order for you just to get some peace.

So, thankfully to this forum, I can now tackle it all and see who exactly is who. I didnt realise you could send a letter to get the phone harressment stopped, and I didnt know about "proving the debt and ownership of debt" (i.e. CCA letter) which is why I have sent my first one out today (as a sort of test case) to see how the whole process works.

Then I can tackle all the other bar-stewards who hassle me - dare I meantion Lowell and MacKensie Crooke (sorry he's from the TV programme The Office but seems apt).

Bazza

Cleosmum

You do owe the money, its whether its enforceable or not. If its unenforceable then you still morally owe the money and it gives you a bit more leeway with deciding how much you pay back and when, rather than having them breathing down your neck. I would do an SOA based on how much debt you have and go from there. Dont forget to check if you can claim any unlawful charges from banks or credits cards, a refund on that will do wonders for knocking money off your total.

Bazza66

Thanks Cleosmum.

I appreciate I owe money but I done know what I actually owe (i can guess around 15K but some of the letters I get seems to have increased the figure).

Which is why I dont actually know who 'owns' the debt. I do actually think they maybe "statued barred" which is why I am now trying to find out what is what rather then being bitten up the backside in a few years time.

I am facing up to it all - probably like alot of people on here its been the old head in the sand. But probably also it just seems like a nightmare since people are pestering you and they (maybe) have no right to.

Having just had a beautiful baby daugher (now nearly 5 weeks old) I just want to get all my finances into order in case anything happens. I would hate to leave my family with problems in the event of anything happening to me. I also want to be able to provide a more financial future for my family without some past coming to haunt me.

I am prepared to sort out payment - after all I do owe the money -I just want it doing in a proper manner and not having scum DCA's pestering me all the time.

Again thanks for your help on here - much appreciated.
Bazza

Cleosmum

I know what you mean. Bizarrely I have had more hassle with DCA since my LBM than I did before, and Im paying things now lol.

Im just about to bill one of them for a days loss of earnings, they sent me a card saying they would be out yesterday and no-one showed up. And I had rearranged my whole day and am now out of pocket. .