DCA saying they can enforce debt without a CCA?

Chisel_2

Haha sorry for that George, hope you haven't got too many bruises!

Yeah the date for them to send the CCA expired on 11th May 2008.
this was there response to me giving them 12 + 2 plus a calendar month.

Is there a template I need to send them or do I just say that what they have sent is not acceptable as a credit agreement and I still hold this account in dispute? (Is it also worth me contacting Trading Standards?)

Thanks for all your help, again and again.

I always sleep so much better after spending time on this forum!

GeorgeUK

There are 2 letters on the 'Standard Letters' thread. Possibly try combining the relevent parts from each to make sure everything is covered.

http://forums.moneysavingexpert.com/showthread.html?t=963087

If they don't reply stating that they are no longer goiing to pursue you then i would definately contact TS.

Chisel_2

Thanks George I've constructed a letter for this, can I just ask, is it correct that if they supply a "real" CCA after them sending me an application form, the debt then becomes enforcable?

GeorgeUK

If they can provide the 'original' CCA complete with all the required prescribed terms, then it will be enforcable. Although it may be that only a court could decide that. There was mention somewhere that once a debt is unenforcable, even if the original CCA is provided, only a court can make the debt enforcable again.

They are not allowed to present a reconstructed CCA as an original to the court.

Chisel_2

Hello again everyone, so Cabot aren't giving up on this one. The latest I have from them is as follows:
(the same illegible copy of the application form/CCA has been enclosed too)
"I must stress that under the Consumer Credit Act 1974 section 78 (1), there is no obligation to provide a true and complete copy of the credit agreement if there is no longer a true and complete copy of the credit agreement in existence. Nor is there an obligation upon us to provide a full statement of accoutn, copy of a deed of a assignment and or a copy of a default notice. As a result the information we have provided to you clearly complies with section 78 of the consumer credit act 1974. With regards to the legibility of the credit agreement it is the case that at the time of entering into the agreement with Barclaycard all terms were clearly legible."
They also decreased the balance by over £100, a week later I get a letter from FIRE (which i believe to be part of Cabot) adding £5 to the balance and saying "unless we hear from you immediately we will pass your account to Doorstep Agents to call upon you to collect the outstanding balance" "No further notice or warning will be given"
Please can someone help me ASAP to put together a response??? I haven't slept since I got the letter from FIRE. I'm not sure I can deal with the embarrasment of someone knocking on my door (((
Thank you everyone!

stapeley

Chisel wrote: »

Hello again everyone, so Cabot aren't giving up on this one. The latest I have from them is as follows:
(the same illegible copy of the application form/CCA has been enclosed too)
"I must stress that under the Consumer Credit Act 1974 section 78 (1), there is no obligation to provide a true and complete copy of the credit agreement if there is no longer a true and complete copy of the credit agreement in existence. Nor is there an obligation upon us to provide a full statement of accoutn, copy of a deed of a assignment and or a copy of a default notice. As a result the information we have provided to you clearly complies with section 78 of the consumer credit act 1974. With regards to the legibility of the credit agreement it is the case that at the time of entering into the agreement with Barclaycard all terms were clearly legible."
They also decreased the balance by over £100, a week later I get a letter from FIRE (which i believe to be part of Cabot) adding £5 to the balance and saying "unless we hear from you immediately we will pass your account to Doorstep Agents to call upon you to collect the outstanding balance" "No further notice or warning will be given"
Please can someone help me ASAP to put together a response??? I haven't slept since I got the letter from FIRE. I'm not sure I can deal with the embarrasment of someone knocking on my door (((
Thank you everyone!

As we have said before , it is there aim to panic you . They can say whatever they like , but fact is that a CCA must be sent in a form you can read ! Write back and inform them that your permission to call at your house is withdrawn , theres a template letter about for this . If they were sure of the correctness of there paperwork , why have they not issued court proceedings already ? Stick to your guns . I have three companies chasing me . Its been over 14 months since I requested CCA,s and no action has been taken .

Chisel_2

Sorry to be a pain here, and thanks Stapeley for your calm words of wisdom. Can someone point me in the right direction for the template letters?
Thanks again......

Chisel_2

Hi, can someone tell me where I can find the template letter on withdrawing permission to visit my home?
Many Thanks!

stapeley

Chisel wrote: »

Hi, can someone tell me where I can find the template letter on withdrawing permission to visit my home?
Many Thanks!

hi bumping up , I,m hopeless I don,t know how to post links .

fermi

Chisel wrote: »

Hi, can someone tell me where I can find the template letter on withdrawing permission to visit my home?
Many Thanks!

This one?................

Dear Sir or Madam,

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,