DCA saying they can enforce debt without a CCA?

Chisel_2

This is my first time on a forum so I apologise if I have posted this incorrectly. With all the amazing useful advice on this site I requested a copy of a CCA from Thames Credit. Today I received this letter from them:
"In response to your request for information under the Consumer Credit Act, please note that we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and the right to collect that balance, together with the right to apply interest in accordance with your original Credit Agreement. We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy of that agreement.
However as a matter of good practice, we have tried to obtain a copy of the original agreement from the original creditor and they have now advised it is not available.
In meantime there is no reason why our debt collection activities against you should be suspended.
We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this Group of Companies."

Can anyone advise me of the next step as I feel totally stuck and confused by this letter.

Thank you for taking the time to read this post.

stapeley

Tell Them To Get Lost! They are talking utter rot . Have you done the default letter thats 12+2 +30 days . Dispite what they say a copy of the CCA must be supplied ,if requested, by who ever is trying to enforce the debt . How much is the "ALLEDGED" debt ?

RAS

This is a common tactic in which they admit they do not have any legal documentation to support their claim that you owe them money.

They may be legal owners - of a set of contact details - but they have no right to collect this debt.

Is there a default on this debt already?

Chisel_2

Thanks for your quick response!
Today is the day that the 12+2 +30 days comes into effect so do you think I should still send that letter to them?
The outstanding balance quoted on this letter is £243.63
Thanks again!

Chisel_2

Thanks also RAS.
Yes there is already a default on this debt.
Do I respond to them in anyway?

RAS

In that case there is nothing to be gained by making a payment arrangement. Send the 12+2+30 day letter and highlight the bit about removing your details from their records.

petrafyde

I'm very sorry to barge in on this thread hope you don't mind, but I'm curious as to where I can get information on this topic. I too am considering doing what Chisel has done, but would really like something to read so I can understand it a bit better. Letter templates would be great but how I would stand legally throughout the whole thing is what I want to know. Also, does the debt stay on my credit file if they can't prove I owe it?

louiser123

sorry to barge in too, i have same situation, except i have had no reply to either letter, first sent waited 12+2, then sent another waited 30 that was tues. i have had nothing in reply. the original creditor has placed a default on my file for this but no one has responded to my letters.
i have had no calls or further letters from them until today when i got one from a totally different dca, called scottcall. i have just replied to these with the facts told them the case and basically go away. am i right in thinking that was the right thing to do\// and can i get the default removed at all??

shinyhead

Hi,
I think it won't stop the DCAs hounding you but if they've no CCA then they shouldn't try to go to court.

Just change your phone number or enable call blocking send off the template letter demanding that all contact is in writing only then laugh at any threatening letters you may get. Just keep an eye out for a CCJ claim form, but if you get one of them you simply put in a defence denying the debt and stating there is no agreement.

By doing the CCA request and then not having a reply in the 12+2 timescale it automatically goes into dispute. You can choose not to continue paying if you want. Whilst it's in dispute they can't pass you on either to another DCA so telling them to go away is the right thing to do!

GeorgeUK

If it's an airtime agreement for a mobile phone or an overdraft, the cca request will not work. For a creditcard, loan and some HP agreements, they need to comply with a CCA request - just because they are not the original creditor does not mean that they do not need to comply with the legislation.

10past6

louiser123 wrote: »

i have just replied to these with the facts told them the case and basically go away. am i right in thinking that was the right thing to do?

When you requested your CCA, this placed your account in "Dispute" until that dispute is resolved, they cannot sell your debt on.