DCA saying they can enforce debt without a CCA?

pepe2008

Absolutely. No CCA, not enforcable. The debt doesn't dissappear but their right to enforce it does.
If they try to go for Court, thats when they come unstuck.
Tell them all where to go, and NO they cannot 'send someone round' because unless they are appointed by a Court they have no powers either.
Happy days.

Chisel_2

I'd like to thank everyone for all your support and help. You really have all made me feel like I am not alone. One more thing, is anyone aware of a template that I can send to stop them contacting me by phone, then if they can continue to do so I can make a complaint?

Thanks again everyone!

pepe2008

Hi Chisel,

Not aware of a template letter to request contact by letter/ e-mail only, just do a simple note but try and give a reason such as working hours which will let you complain to the OFT under Section 2.2g of the Guidelines for Debt Collection.
Full Guidelines are on oft.gov.uk and also Tel Numbers for Complaints etc.

Good Luck

maybe...

Dear Parasites,

Due to my workig hours being irregular I request that you should only contact me by letter or e-mail and not by telephone.
I understand that ignoring this reasonable request will be a breach of Section 2.2g of the OFT Debt Collection Guidelines and this could result in a Complaint being made against you.

Thank you.


DONT SIGN IT! Never sign anything to a DCA, at least NOT with your regular signature.

eyeopener2

Can I add something to Pepe2008s post.

Make sure you send your letter by registered post at the very least.

If they continue to phone then do not contact them go straight to Trading Standards (who should intervene) and the OFT (who can't investigate individual complaints but will look at it if they see a pattern forming about a DCA. The DCA could lose there licence).

DCA's are bullies so treat them with the contempt they deserve.

God I hate 'em. If they didn't lie and they treated people with respect they would get a lot further.

EO2

RAS

Nicked from fermi

You need to send a letter telling all the creditors to stop telephoning you. It may take time to take effect.

So send this first letter registered post. If they make any further calls after it is signed for, send the second letter and copy in the Information Commisioner, the OFT and the Trading Standards office nearest the debtor's office.

No it is guaranteed to stop them but if you

1.Point out it is your right under the OFT Guidelines.
2. refuse to answer security questions.
3.Advise them that you are recording the call

they will take the hint.


Phone letters from fermi

Something along the lines of:

Quote:
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. I do not want any further telephone calls made to me ( my mum).

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. 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,

A list of good contacts to whom you can complain formally if they make a nuisance of themselves.

Here are pipk62's list of websites for the organisations .

These addresses are the ones that I have used to find the information that I required, You may want to research pages other than the ones I have linked to, try clicking on the home page if any of these aren't what you wanted.

Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm


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.

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,

Ioio_2

stapeley wrote: »

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 ?

Hi everyone. Im a bit worried about that comment. Im sure that the amount allegedly owed is directly proportional to how nasty they can get but is there some legal upper limit after which the cca rules are less enforceable ?? I am being pursued for a bebt of over £8000 by Intrum justitia who have already told me that the cca is unavailable and are unable to provide a deed of assignment.

I have stopped paying (no choice, no job, poor health), and have sent the 12 + 2 day letter plus one saying I will not tolerate a "home visit" but Im still sleepless with worry. Im on Prozac and beta blockers but I just cant help myself any more. I am desperatly worried.

Please help me, what can they do to me and what defence have I got ??

RAS

Hi

I note you tried to PM previously but my mail box was full. Sorry about that.

First thing - relax. and second thing relax. They can do nothing other than try and get under your skin. In law they are dead in the water.

If the CCA if not available and the debt was an unsecured loan, credit card or catalogue, taken out prior to April 2007, this is unenforceable in law.

Where you do need to be alert is that this does not stop some of the more brutal DCAs trying it on and they will actually start court proceeding and then eithe not turn up on the day.

If this happens

1. get the case moved to the court nearest you.
2 Your defence and the only one you need is that the creditor adnmists no CCA is available and the debt is unenforceable.
3. Turn up on the day and have a nice chat with the judge. it is unleiky the DCA will show their face.

I would add that you need to read the OFT Guidelines for debt collection but I have to go in two minutes so do not have time to post the link.

It is ESSENTIAL that if you get any further contact from DCAs you tell them "Im on Prozac and beta blockers" as they are supposed to be very careful if the debtor is vulnerable - OFT rules. This means that the OFT and TS would judege any haressment against you as much more serious than they would if it was against me.

Ioio_2

Thanks RAS. I can`t tell you what it means to us to hear that. My wife has already attempted suicide and Im not sure how much more I can take.

Having said that you have given us some strength today so sincere thanks and God Bless you.

Ioio_2

Sorry, so does the amount owed affect how we may be treated ?? Has anyone ever been successful in contesting an amount like this ??

Ioio_2

..........and I thought that they were unable to take the matter to court while the account is in dispute. Sorry to be a nuisance but we are total novices at this.