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My debt has been passed on but i haven't received my CCA?? Advice please?

Hi All,

Would really appeciate some help with the following or being point to another thread where this has already been answered.
:confused:
Simply put, i have £7K of outstanding debt with RBS who over the last 4 Years have passed from Debt colletors to debt collectors. I have seen all the favourites and the last one was the good old Robinson Way. When they sent me that last letter i relied with the standard reply of requesting the CCA and paid them the £1 admin fee. They replied that they accepted this and they would contact me when they had the agreement.
6 Months later a new debt collectors has contacted me saying that they are collectors for this debt but i am still waiting on the CCA from Robinson Way.

So my questions is, do i reply with the letter from Robinson Way stating that they are dealing with my request for the CCA and if so is there a standard letter for this?

Or is there another way of dealing with this?

I would appreciate help with this,

Thanks

D

Comments

  • judy_
    judy_ Posts: 112 Forumite
    Part of the Furniture Combo Breaker
    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
  • edinburgher
    edinburgher Posts: 14,000 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You will also want to Google the main terms in judy_'s post, so that you're best prepared to deal with these idiots.

    Always best to know what to say if they try and come back to you with a barrage of jargonese! :(
This discussion has been closed.
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