Just checked my Credit Report and have some questions

Tinkles

Hope someone can help.
am in a bit of a mess with a DCA. I requested my CCA in June and followed this up with 2 further letters one of which was a formal complaint. Still nothing except many, many phone calls on a daily basis, all of which I ignored as I stated in my letter that I only wanted to communicate in writing.
I finally had enough and reported them to the FO and Trading Standards. TS got back to me today with a response from the DCA's Solicitors which was in effect a copy of all records they have on me sent to the TS (not sure the DCA can do this as they have never sent me the CCA but happy to pass it to a third party??).
Anyway - have just been checking my credit report and find that they have credited the 1.00 sent with the CCA request to my account!!
Anyone have any suggestions regarding what I do now?? Any help would be very much appreciated as I really have had enough of fighting with the people!

RAS

One we prepared earlier

If you have sent a CCA request and the DCA has assigned the £1 fee payment to the balance:

Quote:
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

On _____ I sent you a request under the Consumer Credit Act 1974 for a copy of the agreement relating to this alleged account. With that letter I enclosed £1 which is the fee amount laid down by parliament for the provision of a copy of an agreement. I enclose a further copy of that letter for your information.

You stated that you have used this £1 "towards the balance" of this alleged account. I reiterate that I do not acknowledge any debt to your company and this £1 fee is for provision of a copy of the alleged agreement only.

Please note I will enter no further discussions regarding this matter by telephone, and request that all future contact is in writing only. I request you refund this money if you are unable to comply with the original request.

Yours faithfully

Tinkles

Thanks so much - they just wear you down and I really have had enough of them now - am even thinking of changing my home phone number as it's causing me so much stress!

Tinkles

RAS wrote: »

One we prepared earlier

If you have sent a CCA request and the DCA has assigned the £1 fee payment to the balance:

Quote:
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

On _____ I sent you a request under the Consumer Credit Act 1974 for a copy of the agreement relating to this alleged account. With that letter I enclosed £1 which is the fee amount laid down by parliament for the provision of a copy of an agreement. I enclose a further copy of that letter for your information.

You stated that you have used this £1 "towards the balance" of this alleged account. I reiterate that I do not acknowledge any debt to your company and this £1 fee is for provision of a copy of the alleged agreement only.

Please note I will enter no further discussions regarding this matter by telephone, and request that all future contact is in writing only. I request you refund this money if you are unable to comply with the original request.

Yours faithfully

What about the fact that they have only complied with my CCA request to a third party. Can I do anything about that? Trading Standards have passed on the documents to me but the DCA haven't actually sent them to me directly. - so confused!!

GeorgeUK

Tinkles, i saw something similar in a post quite a while ago. The reason that they passed the CCA on to TS but not to the person requesting it was because the DCA were not sure that the person requesting the document acually owed the debt and didn't want to send someone elses CCA.

Did you receive a copy of the CCA from TS? If you did, then the DCA may not be aware of this.
Are all the prescribed terms there?

Tinkles

GeorgeUK wrote: »

Tinkles, i saw something similar in a post quite a while ago. The reason that they passed the CCA on to TS but not to the person requesting it was because the DCA were not sure that the person requesting the document acually owed the debt and didn't want to send someone elses CCA.

Did you receive a copy of the CCA from TS? If you did, then the DCA may not be aware of this.
Are all the prescribed terms there?

But surely if they were unsure of my identity then they shouldn't have passed the details onto a third party? I did receive a scanned and emailed copy of the documents from TS but not sure if this constitutes the DCA fulfilling their obligations or not? How do they know that TS have passed them on to me? I think all of the prescribed terms are there.

GeorgeUK

If you are still getting the phone calls, i would use one of the template letters requesting that all communication be in writing only (if you haven't already done so).

What a DCA should and shouldn't do rarely has any impact on what a DCA does. You sent the request and the they should have supplied the documentation to you. Unless TS have informed the DCA that they have passed on the details, and i can't see why they would, then i don't think the DCA will be aware that you have a copy of the CCA.

I would continue to refuse to speak to them on the phone. Don't answer any security questions and wait until they write to you regarding this. If they do have a copy of the CCA then you don't want them to send it to you as this will mean the debt is enforcable and you will need to pay it.

When was the last payment you made towards the debt or acknowledged it in writing? Could it be statute barred or almost? (6 years)

Tinkles

Thanks GeorgeUK - I seem to be communicating with the DCA through TS at the moment!
They claimed that they have already sent me the requested documentation with a Notice of Assignment - they have sent me 2 NOA, one two months before my CCA request and one 6 months after! Neither had the requested documentation with it!
Unfortunately the last payment was 3 years ago and so not statute barred.
Will see what happens now.