Help with DCA letters

rachnbri

Hi all

I'm not sure if this is the right board for this but I'm hoping someone can give me some advice on what my next steps should be here. I received two letter from Red Debt Collection Service last week - one for T-Mobile for £80.95 and the other for 1st credit for £259.89. I did have a contract with T-Mobile a few years ago but when I ended the contract the account was cleared and, to the best of my knowledge, I owe them nothing. I have no idea what the 1st Credit one is.

I sent separate letters requesting the credit agreement, using the template letter from this site last week. This morning I have received another two letters from them. The T-Mobile one reads as follows:

We are in receipt of your request for a copy of the executed credit agreement in accordance with Section 77(1) and/or 78(1) of the Consumer Credit Act 1974.

The account agreement to which you seek is not a regulated agreement under the Consumer credit Act1974 and the provisions of this Act do not apply to this debt.

Our client therefore has no obligation under the provisions of the Act to supply the information requested by you.

We would therefore request you contact us on the number below to put forward your proposals to settle the outstanding debt.

And the 1st Credit letter reads as follows:

We refer to your request for a copy of your original credit agreement in accordance with the provisions of Section 77(1) and/or 78(1) of the Consumer Credit Act 1974.

The account from which the above amount is due relates to a bank account that you held with 1st Credit.

While this account is a regulated agreement I would refer you to Section 74(b) of the Consumer Credit Act 1974 whereby any requirement to supply a copy of the agreement is exempt for current bank accounts.

We would now request that you please call the number below to arrange re-payment of this debt by return.

I'm not sure what to do at this this point. I do not owe T-Mobile anything and I've never held a bank account with 1st Credit so obviously I'm not going to pay anything but I'm not sure how to word the letters back to them.

Any advice would be very gratefully received!

rachnbri

***Bump***

RAS

rachnbri wrote: »

Hi all

I'm not sure if this is the right board for this but I'm hoping someone can give me some advice on what my next steps should be here. I received two letter from Red Debt Collection Service last week - one for T-Mobile for £80.95 and the other for 1st credit for £259.89. I did have a contract with T-Mobile a few years ago but when I ended the contract the account was cleared and, to the best of my knowledge, I owe them nothing. I have no idea what the 1st Credit one is.

I sent separate letters requesting the credit agreement, using the template letter from this site last week. This morning I have received another two letters from them.

rachnbri wrote: »

The T-Mobile one reads as follows:

We are in receipt of your request for a copy of the executed credit agreement in accordance with Section 77(1) and/or 78(1) of the Consumer Credit Act 1974.

The account agreement to which you seek is not a regulated agreement under the Consumer credit Act1974 and the provisions of this Act do not apply to this debt.

Our client therefore has no obligation under the provisions of the Act to supply the information requested by you.

We would therefore request you contact us on the number below to put forward your proposals to settle the outstanding debt.!

The CCA does not apply to phone contract so this information is correct. However there is a basic prove it letter on the NDl site that it would be worth sending.

That will give you some idea what the isue is and you can go back to T-mobile. We seem to get a lot of people being chased for non-existant debt with mobile companies because they have failed to do something when an account was closed etc.

rachnbri wrote: »

And the 1st Credit letter reads as follows:

We refer to your request for a copy of your original credit agreement in accordance with the provisions of Section 77(1) and/or 78(1) of the Consumer Credit Act 1974.

The account from which the above amount is due relates to a bank account that you held with 1st Credit.

While this account is a regulated agreement I would refer you to Section 74(b) of the Consumer Credit Act 1974 whereby any requirement to supply a copy of the agreement is exempt for current bank accounts.

We would now request that you please call the number below to arrange re-payment of this debt by return.

Ditto with the prove it letter but add that you have never held an account with 1st Credit.

rachnbri wrote: »

I'm not sure what to do at this this point. I do not owe T-Mobile anything and I've never held a bank account with 1st Credit so obviously I'm not going to pay anything but I'm not sure how to word the letters back to them.

Any advice would be very gratefully received!

Have you requested your credit records? Are there any likely looking debts on there?

Or it could just be they are chasing the wrong person. Not an uncommon occurance.

By the way, they also operate as Lowell and all three are too well known on here.

RAS

National Debtline "prove it" letter - courtesy fermi.

Quote:

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other