First credit debt collection :(

pepe2008

Debtman, on the CCAs theres never really a bad time to CCA as its always possible that the debt will be unenforcable. I dont actually dispute the debt, its 1st Cr I object to, so I'll just wait and see for now. If they dont Sue in the next 4 weeks, then I'll CCA Citi.

Orion, 1st Cr are talking out of their backsides...special dispensation:p ! They are supposed to stick to the Law as every one else is supposed to. If 1st Cr still have the debt, then it is ILLEGAL for Connaught to chase you as well, even if they are part of the same plague of vermin. Check out the OFT Debt Recovery Guidelines on oft.gov.uk............and COMPLAIN.

ALWAYS COMPLAIN ABOUT 1ST CREDIT, FOR EVERYTHING. ITS ANONYMOUS.

pepe2008

Sorry about coming straight back on,
Orion, no CCA means not enforceable, the debt still remains but cannot be chased, however, if they do come up with one then its game on again. This is why you should NEVER use your signature on any written comm to a DCA, they could 'lift' it.

QUESTION.
If Creditor assigns debt to DCA, is it legal under tthe Data Protection Act for them to continue to pass information to them?
Anybody know?

Orion63

pepe I must admit you have a very apt turn of phrase. To confirm, I'm not disputing there is a debt, I just want to make sure I pay it to the right people, so if they do come up with the right paperwork I have no objections. However, I do object to their abusive and insulting methods and will delay the process as long as I can in order to get their backs up as much as they have mine.

With regard to my signature, they already have a copy of a credit agreement with it on - i hasten to add, that that document is all they have, not the deed of assignment or any proof that a debt status is on that agreement.

I thought they were winging it; as soon as I asked for a copy of the recording of the conversation they hung up.

pepe2008

Hi Orion,

Brief and succinct. the only way to communicate.
Mind you, 1st Cretins dont phone me any more, perhaps suggesting that the commission -driven collection-monkey should get a worthwhile job with a charity was taken the wrong way....only trying to help.

Keep us posted on the result.

moneymare

Yesterday, received another letter from 1st Credit - I have already sent the CCA and 12+2 letters and they have told me they have asked Lombard to provide the CCA - anyway, this latest letter states that they are now going to pass the account to their litigation team.

Are they thick?

If they cannot provide a CCA (and they haven't as yet) - how on earth do they expect me to tremble in my boots at the thought of legal action...??

Any suitable suggestions for a reply??

shinyhead

Hi all,
It seems that DCA's are now having to go down the litigation route and hope that some judges will go in their favour. The 2007 amendment to the CCA 74 where they actually don't have to provide a signed agreement is one I think they're trying to apply to all CCA's whether or not they were taken out before 1st April 2007. Another DCA is trying to use a court case Rankine V MBNA (I think) where basically the judge got it horribly wrong.

Reply saying that so far they've not produced a CCA and as such under the CCA74 they can't enforce it until they do.

debtman2007

moneymare wrote: »

Yesterday, received another letter from 1st Credit - I have already sent the CCA and 12+2 letters and they have told me they have asked Lombard to provide the CCA - anyway, this latest letter states that they are now going to pass the account to their litigation team.

Are they thick?

If they cannot provide a CCA (and they haven't as yet) - how on earth do they expect me to tremble in my boots at the thought of legal action...??

Any suitable suggestions for a reply??

I will expect to see something through the post also, despite the account being in dispute. I have sent the 12+2+30 day letter so will wait to see what they come back with.

debtman2007

received another acknowledgement of my CCA request roday for 2nd Citi crad. Again it says they will need to get back to Citi.

Again they have taken my £1.00 postal order and paid it off the balance!!

debtman2007

I will e-mail this to them in relation to them using my postal orders against my balances:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

On _____ I sent you a request under the Consumer Credit Act 1974 for a copy of the agreement relating to this alleged account. With that letter I enclosed £1 which is the fee amount laid down by parliament for the provision of a copy of an agreement. I enclose a further copy of that letter for your information.

You stated that you have used this £1 "towards the balance" of this alleged account. I reiterate that I do not acknowledge any debt to your company and this £1 fee is for provision of a copy of the alleged agreement only.

Please note I will enter no further discussions regarding this matter by telephone, and request that all future contact is in writing only.

Yours faithfully

neverdespairgirl

RAS wrote: »

Dear Sir / Madam,

Re accounts ref

I do not acknowledge any debt to your company.

I am writing to you to inform that I request all communications to me in writing. all communications to me must be in writing. I do not want any further telephone calls made to me ( my mum). No further telephone calls may be made to me.

To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’, in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003 s.127. Continued phone calls to my mother may also constitute an offence under the Data Protection Act.

Communicate in writing and ONLY in writing. Your telephone calls will not be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust I have made myself understood on this matter.

Yours faithfully,

And then if you get any more calls:

Quote:
Dear Sir/Madam,

Ref. 1234567890

Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003 s.127.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust that I have made myself understood on this matter,

Yours faithfully,

Some suggested amendments - bits I would delete are in green, bits I would add are in blue.