Result on cca request. thanks all on mse!

Andys1

Well, I recently joined mse whilst looking fo help and advice after receiving a demand from a DCA regarding some debt they had bought from a company I've never dealt with.

Having swotted up on templates and advice etc. I sent the cca template with a P.O by recorded delivery. I couldn't get proof of signature for it though off the royal mail website and was just thinking of sending another request by registered but thought I'd give it a day or so more and low and behold, I got a letter from the DCA today saying they are unable to obtain a copy of the original signed agreement, have closed my file and returned it to their client. They even returned the £1 PO! (It's crossed out to them so not sure what I can do with it now though lol)

One big lesson I've learnt.. send by Registered post at the least!

After reading some of the horror stories on here, I thought I may be in for the long haul, but this has only been a few weeks so I guess I've been fortunate.

So, a big thank you to all who post advice and general information here that is help to others. It's annoying that I strongly feel the debt wasn't mine in the first place but that doesn't stop you worrying about it does it?

I'm not sure this is closure on this debt, as the original company may well sell it on to someone else (Can they do this I wonder?).. but to me, it does make me more confident in dealing with it again if I have to!

I'll stick around here at MSE, as I've found many sections of interest to me,. and I'll add my share of help on things when I can

Thanks agains all

shinyhead

Glad to hear you got a result.

Don't forget that if you're sure the debt even isn't yours in the first place there are other template letters you can send instead of the CCA request, such as the 'prove it' letter.

Andys1

shinyhead wrote: »

Glad to hear you got a result.

Don't forget that if you're sure the debt even isn't yours in the first place there are other template letters you can send instead of the CCA request, such as the 'prove it' letter.

I've got a stack of the great templates here in a folder on my PC now mate

judy_

well done Andy, but please be aware that another DCA could soon come looking for money.

If they do send this letter


FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir/madam

Account Number xxxx xxxx xxxx

I must admit that I am somewhat bemused as to why this account has been passed to yourselves as it is in dispute with the **original creditor/dca** and has been since **Enter date of your original cca request**.

Not only is this a breach of the OFT Debt Collection Guidelines, but also in breach of the Consumer Credit Act, 1974 and Data Protection Act, 1998.

As **original creditor/dca** are now in default of my Consumer Credit Request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware, whilst my Consumer Credit Act request remains in default, enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequently any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the ** original creditor/dca ** for resolution of these defaults and breaches as ** enter new dca name (Apex) ** cannot lawfully pursue any enforcement activities.

If ** new dca (APEX)** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act, 1970 - Section 40, as well as breaching a number of the OFT Debt Collection Guidelines.

I hope that further action will not be necessary and that an amicable solution can be accomplished.

I would appreciate your due diligence in this matter, and look forward to hearing, in writing only, from you within the next 14 days.

Yours faithfully


Judy

stapeley

WELL DONE ! A lesson to be learned here .

Broken_hearted

Good if it wasn't your debt, this is the right thing to do.

Andys1

Thanks all
I've grabbed that letter Judy, hoping not to have to use it, but like you say.. could be passed on to another DCA.

I'd have thought IF such a signed credit agreement in my name existed, the original company it was with would chase me for the debt rather than selling it on.

Andys1

Sorry to bump this thread.. but does the 12+2+30 ruling apply to bring it in to 'dispute' even though the DCA has 'closed' their files on this and returned it to the original creditor?

Just pre-empting another DCA getting thier hands on this and trying it on, would rather not repeat myself with requests for CCA etc.

shinyhead

I've just read this thread again and you don't acknowledge the debt in the first place.

Do you have the details of the original company? If so it might be an idea to send them a CCA request. After all they can't pass it back to anyone else. Once the time limit's up and they haven't come up with one any other DCA can be sent the great letter on the thread. At least it'll stop the need to send £1 PO's every time!

Andys1

shinyhead wrote: »

I've just read this thread again and you don't acknowledge the debt in the first place.

Do you have the details of the original company? If so it might be an idea to send them a CCA request. After all they can't pass it back to anyone else. Once the time limit's up and they haven't come up with one any other DCA can be sent the great letter on the thread. At least it'll stop the need to send £1 PO's every time!

Hi, thanks for answering, the original creditor is apparently a Company called 'Robinson Way - Next Retail' .. whom I am assuming is a catalogue company, but not sure of where they would be. I guess if I get any more CCA's for this from other DCA's, I may find out who they are and write direct to them.