DCA ignoring my req for original agreement?

Andys1

Hello and I'm glad to join here, looks very helpful.

I recently sent a £1 PO with a recorded letter asking for the relevant information (Credit agreement etc.) regarding a debt a Debt Collection Agency (DCA) says I owe. To elaborate, I can't even recall ever having had dealings with the original company mentioned by the DCA so I feel strongly the debt is not mine and apart from this, I know for sure I have had no credit dealings going back the 6 years statute barred ruling.

I have checked on the Royal Mail website regarding the recorded letter, and it just says it was despatched from their Edinburgh sorting office on the 2nd November, and although I clicked on the show electronic proof of delivery option, it simply said it was not available for this item (Which doesn't help I suppose!) .

I received another letter stating in big letters 'Urgent final demand' from the DCA yesterday (Dated 3rd November, the day after the RM site showed my recorded letter had been sent out from their depot). I am now thinking they are possibly going down the road of ignoring my request. I have looked into checking wether the postal order has been cashed but this can take time, and again am I being cynical that they would probably not cash this either?

I do not wish to make any contact via the phone on this matter and I'm surprised in this day and age, they don't even put an email contact on their letters (I suppose this is to try and entice people to phone them on the 0870 number though).

Can I simply write to them again (Recorded of course) and enclose a copy of my original letter for the request of information etc?

Also, having received this 'urgent final demand', if the worst comes to the worst and they continue to ignore my requests, what sort of time line and procedure is involved regarding a bailiff coming around and if it gets to this, can I simply refuse them entry and state I am in dispute with the DCA over this debt to a bailiff?

- The debt is apparently for just over £200.

Many thanks for your help and advice, and I'm hoping someone can let me know my options on this.

fermi

A bailiff can only be used if the creditor has obtained a court order on the debt which you have failed to pay according to the terms set out by the court.

That isn't going to happen in a hurry.

The creditor failing to provide a copy of the original agreement would be a good defence if they tried to take legal action, since they shouldn't take action to enforce the agreement until they comply with the request. In general you could require that they prove the debt if they tried to take legal action, notwithstanding the formal request you have already made.

Furthermore, you seem to be suggesting that even if this did turn out to be a debt owed by yourself then it would be Statute Barred? If that is the case then this would also be a sufficient defence to any court action they might take.

It appears they have no grounds to take action against you at the moment whichever way you slice it.

Andys1

Thanks for your reply Fermi, I guess it's the fact they don't seem to have acknowledged my recorded letter/request as of yet that is annoying me the most.

If it was a valid debt, I would happily negotiate a payment plan, but as I was out of the UK from around July 2002 - Jan 2004, I can't see this being valid (Apart from the fact I can't even recall ever dealing with the Co they state they have taken the debt from!)

Peekay32

Whilst it is possible that they've seen your letter and gone "pffft. . .we'll ignore it", what's more likely is that your letter hasn't filtered through to the relevant department in the DCA yet and what you've received is the final letter in a pre-set sequence.

Also note that a bailiff can't come round to remove goods without a CCJ against you.

Andys1

Well, I've just had a phone call out of the blue by someone asking for me in an 'official' capacity; ''hello, is this MR. xxxx'' to which I said it is (Could have been anyone official I guess) they then said before they can continue, could I clarify my date of birth to which I declined and asked who they were and what it was in connection with and they said a personal matter and they can't discuss who they are or any details until I answered this 'security question' so I simply said if it's personal then write to me. They then said ok and goodbye.

Going by some of the threads I've read on here, the phrase 'security question' seems a common one with these sort of companies.

As the persons accent was regional to where this DCA is, I presume it was from them. I wonder why they are trying this approach whilst I am waiting for a responce to my initial request for a CCA.. maybe they can't find one?

Hmmm, I can see me having to send the 'don't contact me by phone' template as well.