DCA saying they can enforce debt without a CCA?

fermi

To the solicitors:

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, and under s127 this constitutes a complete defence at law to any intended legal action.

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Jesthar

Chisel wrote: »

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

Hi Chisel,

That's the idea! They're still trying to scare you into submission, despite having admitted they don't have any legal claim to your money. If that sounds dumb on their behalf, just imagine how many people out there get letters like this and are so worried they pay up - even if they can't afford to... :mad:

I see fermi has already posted up a template letter for you to hit them with (remember to NOT sign your name!), so hopefully that will see them off! If not, post up whatever they come back with for more advice.

~Jes

stapeley

Stand firm its scare tactics , DCA ,s often use a in house SO CALLED SOLICITORS . I doubt any decent solicitor would touch it with a barge pole . I,ve just counted up , in last year , I,ve had , twenty five last chance letters from "solicitors "

melie3

sorry to jump in, in similar situation, have requested the CCA but was sent application form, debt is owned by HFO, they keep asking me why i want my CCA, they are so stupid.... well today have received a letter from solicitors, turnbull rutherford, who have kindly added a further £820 to my original £2700 debt, what should i do now, havent sent the letter of complaint yet to HFO as not yet time up. do i ring them( im not really stable enought on anti d's at the mo), need to buy ink for printer to type my letter. ive never disputed i owe money, im in a very bad position with mortgage arrears, so cant just pay their £500 payment a month they are asking for.

please advise kind regards mel

melie3

melie3 wrote: »

sorry to jump in, in similar situation, have requested the CCA but was sent application form, debt is owned by HFO, they keep asking me why i want my CCA, they are so stupid.... well today have received a letter from solicitors, turnbull rutherford, who have kindly added a further £820 to my original £2700 debt, what should i do now, havent sent the letter of complaint yet to HFO as not yet time up. do i ring them( im not really stable enought on anti d's at the mo), need to buy ink for printer to type my letter. ive never disputed i owe money, im in a very bad position with mortgage arrears, so cant just pay their £500 payment a month they are asking for.

please advise kind regards mel

have just printed off 2 formal complaint letters for HFO and Turnbull, for lack of compliance not sending the CCA. feel ive just myself deeper in the big black hole

stapeley

An application form is not a CCA . All you can do is stay firm with your insistence that what they have supplied does not comply to the requirements of the CC ACT . As you can not pay the amounts they are demanding , you are not losing any thing by repeating your request. Did you send the default letter off ?

melie3

stapeley wrote: »

An application form is not a CCA . All you can do is stay firm with your insistence that what they have supplied does not comply to the requirements of the CC ACT . As you can not pay the amounts they are demanding , you are not losing any thing by repeating your request. Did you send the default letter off ?

hi stapely,
ive not sent anything yet, what would the default letter read as please
kind regards mel

debtman2007

Hi all,

I received this letter from 1st Credit. This is for the 1st account of two i have cca'd. So it would appear that 1st Credit are aware they can not enforce if no CCA is presented.

---

FINAL RESPONSE

Dear Mr ,

Re: Complaint
Ref :

Thank you for your letter of the 10th Oct. A copy of our complaints precedure has been sent under separate cover.

We wish to apologise unreservdly for the manner in which the matter has been conduxted.

We are fully aware that we cannot enforce a debt until teh CCA request has been adhered to,

As soon as we have recieved the copy agreement from our client it shall be forwarded to you and in teh meantime we have placed a hold on the account.

it goes on mention about complaining to the financial Ombudsman.

sincerely

Audresy Shim-Quee
Compliance Officer

Chisel_2

Hi everyone,

I got a reply from 1st credit after I sent the template letter Fermi kindlky posted. Their response said they had noted the contents of the letter and to contact the office as soon as possible to discuss the matter. Does anyone know if I need to send them anything else? After all the advice I will not be calling their office!

Thanks again everyone!

Jesthar

Chisel wrote: »

Hi everyone,

I got a reply from 1st credit after I sent the template letter Fermi kindlky posted. Their response said they had noted the contents of the letter and to contact the office as soon as possible to discuss the matter. Does anyone know if I need to send them anything else? After all the advice I will not be calling their office!

Thanks again everyone!

Well, not my specialist subject, but reading between the lines the letter probably translates as follows:

"Ooops! This one's going legal on us, and seems to know what he is talking about - better see if we can con him into calling us (at his expense) so we can try direct pressure and intimidation in the hope he decides to pay up to make us go away"

You get the idea... :rolleyes:

Apologies, I don't know which if any letter you need to be sending next, but just wanted to reassure you that you have the right idea about not calling them! I think you may as well just wait until the time for the next 'you haven't provided a CCA yet' letter is due, but I'm sure someone wiser than me will be able to say for definite.

~Jes