Debt Agencies and Letter Help Please

smok3y666

I have recieved a letter from a debt collecting agency saying I owe them money, whilst I am not disputing that I owe the money I am strongly disputing the amount of charges that have been added on to the account. After some reading I think I have to send either a CCA or SAR letter to the compamy but am not sure which. Any advice please? And maybe a link or 2 to some templates? Thanks.

GeorgeUK

If you send a CCA request (with £1 fee), the DCA will need to provide a copy of the credit agreement (there is no agreement for overdrafts). If they are unable to provide a copy of the CCA within 12+2 working days, the debt is unenforcable and payment no longer need be made until the CCA is provided.

If there has been a period of 6 years where no payment has been made or written acknowledgement of the debt by you, then the debt may be statute barred and unenforcable.

A SAR (with £10 fee) would require that the company you sent it to provide you with a copy of all information they hold on you to comply with the Data Protection Act. It is usually data and correspondence from the last 6 years you can get from this.

I would sugest sending the CCA request to the DCA in the first instance and at the same time request a statement and notice of assignment (to show that they are authorised to collect this money).
http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

After this if you still don't have a breakdown of the debt charges and interest, if they are unable to produce a CCA then the debt is unenforcable and payment need not be made.

If there is no default on your credit file, they may put one on if you stop paying them. If there is a default, there is not much more they can do.

There is a SAR letter at the top of the 2nd page that you can send. Just remember never to sign a letter or cheque you are sending to a DCA for a CCA request.

RAS

Hi and welcome

Can you tellus what the debt is for and how long ago you last paid towards it?

it may be covered by the Consumer Credit Act, the Statute of Limitations or it may be that you need to recover the charges on the account.

RAS

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