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DCA saying they can enforce debt without a CCA?

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Comments

  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    The Consumer Credit Act 1974 Covers debts up to £25,000
    Your debt of £8,000 is definately covered if it is for a loan or credit card debt.

    If they do send round a door step collector (VERY rare, but can sometimes happen) - these people have no more legal right or power than your paperboy. They cannot gain entry to your home (unless you invite them in so don't do this), they cannot "seize" goods or make you pay more than you can afford. If you ask them to leave your property, they must do so or they are trspassing.

    If you don't get a reply from the 12+2 day letter (make sure it has said something about refusing them permission to pass your details on to a 3rd party in accordance with the Data Protection Act), i would send letters of complaint to trading standards and the OFT.
    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) 11/08/2011
  • Ioio_2
    Ioio_2 Posts: 27 Forumite
    Thanks George and everyone else here. This might be our first nights sleep in quite a while
  • Ioio_2
    Ioio_2 Posts: 27 Forumite
    Hi many thanks again. How should my 30 day letter now be worded if they do not now commit an offence following the change in 2007 ?? Can I still ask for a refund ??
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Not sure you can get a refund, unless you mean you intend to reclaim any charges.

    For the 12+2+30 day letter, i would just remove the reference to it being a criminal offence. From what i remember, the rest of that letter would still apply.
    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) 11/08/2011
  • RAS
    RAS Posts: 35,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you've have not made a mistake, you've made nothing
  • Ioio_2
    Ioio_2 Posts: 27 Forumite
    Hi again. I just wanted to say thank you to everyone for being so kind. We had our first nights sleep for ages last night and feel so much better. You are all stars !!

    Love u all

    Mike and Lisa xxxxx
  • RAS
    RAS Posts: 35,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ioio

    I am so glad we can help out a bit. Please do come back if you need more help with this or anything else.

    We aols do SOAs, know mountains of small tricks to make your money go further, find little bits of income via cashback sites, clicks, surveys and freebies.

    So if things are tight, there is a lot more that you can use us for than just CCAs.

    And we do not bite.
    If you've have not made a mistake, you've made nothing
  • Ioio_2
    Ioio_2 Posts: 27 Forumite
    Wow RAS !! I dont even know what "clicks" ARE any info is gratefully received after Mike lost his job we are really struggling and ANY money saved is a bonus. BTW should we wait 30 days for the "30 day letter" or just send it now ??

    Love u always

    Lisa xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
  • RAS
    RAS Posts: 35,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK

    here is the link to the boost your income thread http://www.moneysavingexpert.com/protect/make-money - lots to look at.

    Will post freebies http://forums.moneysavingexpert.com/forumdisplay.html?f=37 (have a look at other threads in that area like comps and grabbits) and MSOS http://forums.moneysavingexpert.com/forumdisplay.html?s=&daysprune=&f=33 as well.

    Also try www.quidco.com and join your lacal frecycle group https://www.freecycle.org
    If you've have not made a mistake, you've made nothing
  • Hi George,

    I followed the suggested letter and now have a new letter from a solicitors firm (LCS Solicitors) for the same debt.

    Can anyone advise me how to respond to this?

    "We act on behalf of Thames Credit who has instructed us to write to you concerning this seriously overdue account.
    Unless full payment is made to our client within 14 days from the date of this letter we are instructed to issue legal proceedings against you in the County Court for recovery. Should that step prove necessary our client's claim will include statutory interest, Court fee's and Solicitors costs. If judgement is obtained against you then, after a period of 28 days, it will automatically be registered at the register of County Court Judgements and will have an adverse affect on your credit rating.
    Please note that we are not instructed to enter into correspondance with you regarding this matter prior to the issue of legal proceedings."

    I have to say I felt fairly intimidated by this letter, so any advice would be gratefully received!

    Thanks again evryone!
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