DCA saying they can enforce debt without a CCA?

RAS

Chisel wrote: »

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 )

Chisel

I suggest you do not respond immediately. I suggest you ring the OFT tomorrow and lodge a formal complaint. The OFt may want a copy of this latest letter.

let us know how you get on.

Unless of course they said may rather than will, although I would still ring the OFt because this is now haressment.

Chisel_2

Thank you RAS. Do you know if I need to send a letter to Cabot explaining that I am lodging a complaint with the OFT? Also, is there a template letter for writing to the OFT?
Sorry for all the questions, and thanks again for all your help!

Chisel_2

Hi again everyone, this is still on-going. They seem to have passed this debt to another DCA called "FIRE Ltd" who have sent me a letter with the following: NOTIFICATION OF INSTRUCTION TO COLLECT Due to your failure to pay the above debt, FIRE have been instructed by our client, to recover the full outstanding balance on your account.
-This notice is issued for non-payment of the above debt
-Failure to pay your debt will result in further recovery action
-PAYMENT IN FULL IS REQUIRED IMMEDIATELY
You MUST now contact one of our agents in our Recovery Department on xxxx xxxx xxx.

Can someone help me please?

Many Thanks everyone for reading this post.

fermi

FIRE is just Cabot pretending to be someone else.

http://www.ico.gov.uk/ESDWebPages/DoSearch.asp?reg=4092665

Data Controller: FINANCIAL INVESTIGATIONS AND RECOVERIES (EUROPE) LIMITED
Address:
C/O CABOT FINANCIAL (EUROPE) LIMITED
1 KINGS HILL AVENUE
KINGS HILL
WEST MALLING
KENT
ME19 4UA

Chisel_2

Thanks fermi, how do I deal with that?

RAS

AHH

You may not need this but am posting it anyway.

While reclaiming charges, a debt has been passed to a DCA while the debt is in dispute
Source: a post by CurlyBen on CAG forum


Quote:
ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:


Thank you for your letter of **DATE**, the contents of which are noted.


I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfully

Chisel_2

Thank you RAS. I am amazed at the tactics these companies use!

stapeley

Ioio wrote: »

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!!

Thats great news !

RAS

Missed that ioio =- wow . Some result!

Broken_hearted

Having this with Halifax 'We don't have to provide a CCA its our policy not to need one'