DCA saying they can enforce debt without a CCA?

fermi

Jesthar wrote: »

"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"

That would be pretty much my guess as well. :rolleyes:

If they had anything genuine to say or discuss then they can put it in writing can't they?

pepe2008

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!

DONT PHONE. they just want to get you to agree some sort of payment. they only want your money, they are seeing it slip away because of a lack of CCA!

i got exactly the same letter.

Ioio_2

Hello everyone PLEASE HELP !!!

We are being called repeatedly by Intrum Justitia and have not answered the calls except for today when they caught me unawares on my mobile. I refused to answer security questions or confirm my address and told her I was unaware of any debt to IJ and that as I was on medication for stress I felt I was being harassed.

The lady on the phone said she was unaware of any letters (all sent Special Delivery and signed for) and wanted to know why I hadnt paid and I refered her to my letters and asked her not to call again. She said she coulnt stop the calls and that I was in "deep trouble" so I have sent them this today:

I do not acknowledge any debt to your company this account is in dispute.


I am writing in response to your unsolicited calls to my TPS number at 13.15 hrs 12/11/08 and 10.51 hrs on 13/11/08 records of which have been logged and sent to the relevant authorities as described in my recorded delivery letter signed for by yourselves on 12/11/08.

I must inform you AGAIN that I request all communications to me in writing. I do not want any further telephone calls made to me. Further, the ONLY communication I shall accept is your cheque in full settlement of payments illegally obtained from me by your selves. You are also reminded that no home visits will be tolerated as per my letter signed for by you on 11/10/08 in which I revoke licence under English Common Law for you or your representatives to visit my home address.

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.

ANY FURTHER CALLS OR COMMUNICATION OTHER THAN SETTLEMENT WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust I have made myself understood on this matter.

I have already told them that I am on medication for stress and high blood pressure as a result of what they have done but it makes no difference. Please can someone help me Im getting worried again, are they acting unlawfully ?? Please Please help us !!

Ioio_2

Ive just been telephoned by a foreign company whose number when googled comes out as someone called SDF 75 AG. This is something to do with my Probs with IJ. Does anyone know what SDF 75 AG is ???

10past6

Ioio wrote: »

Please Please help us !!

Write to them again by recorded delivery heading your letter "FORMAL COMPLAINT" requesting why they have refused to accept your request not to contact you via telephone.

Depending on there reply only then can you seek alternative adjudication from the regulatory authorities, you MUST go through there complaints procedure prior to seeking alternative advice.

Tinkles

melie3 wrote: »

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

Hi Mel,
Just wondered how you were getting on with HFO having read your post.
I'm in a similar situation with them, CCA request sent in Feb, 2 follow up letter sent and nothing back from them in writing. They are now calling me about 4 times a day, debt still in dispute so I have reported them to the Financial Ombusdman, Trading Standards and the OFT. FO and TS are both currently investigating them! :rotfl:

Ioio_2

RAS wrote: »

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.

I WON, IWON , I WON I WON !!!!!!!!!!!!!!!!!!!!!!!!!!

Letter today from Intrum Justitia "we will not be taking any further steps to recover the outstanding balance of £15850.24 and we trust the matter can now be considered closed" Yeeeeeeeeeeeeeeeeeeesssssssssssss!!

ampersand

HELLO IOIO,

Idling through mse and find your glorious news.

It's wonderful for you both - hope all the others can take heart from it and you can have some peace and calm now.

Well done! - and to all whose help made it possible.

GeorgeUK

Great news, well done.
Hopefully they won't just try to pass it on to another DCA, but at least you now know what to do. Make sure you also have a note of when the last payment was made towards the debt and after 6 years you can send the statute barred letter. Then you won't need to worry about someone coming up with a copy of the CCA.

Chisel_2

Hi everyone,

Again I'm looking for advice. Cabot finance is the DCA for an old Barclaycard debt. I wrote to them asking for a copy of the CCA and the date for them to provide this expired in May. They put my account on hold saying they were requesting the CCA from the original creditor, then another asking for me to be patient. Then the expiration date passed and I wrote to them confirming this. They tried to telephone me at all hours so I sent the letter telling them to only contact me via letter. Today I got the letter detailed below. Can someone please help me in how to respond? Many Thanks for all your help so far!
Your account has preciously been escalated to our pre-litigation department.
We've previously advised you that if you didn't repay your outstanding debt to Cabot, we would take further action. Your account has now been escalated to the next stage of our Collections process where a decision will be made accordingly. If we don't hear from you, if you don't respond now, one of the following options will occur:
Warrant of execution with Bailiffs
Charging Order
Order to obtain information
External debt collection agency or Legal Agency calling on you

Thank you for taking the time to read my post )