CCA not available, what next?

natters_2

credit cards

RAS

natters wrote: »

Hello again - I recieved a phonecall today from solicitors acting on behalf of Newman telling me that I was wrong and they didn't need to supply a cca and I have to ask the OC etc, etc, I told her if they were solicitors, then they should be aware of the law as it stands and if she was that confident they were in the right I would be happy for them to prove me wrong in court and I would see them there.

The 12 + 2 is up on Friday when the next letter will be sent out, so I am assuming it is another scare tactic.

I am assuming that you took this account out prior to April 2007 - was it on-line or paper application?

natters wrote: »

I would also like clarification on a reply from another DCA stating that the account is now closed and has been passed back to the OC, that I still send them them 12 + 2 letter?

means they have realised that they cannot get any money from you are the case is unenforceable.

Might be worth sending a CCA request to the OC? The you can 12+2 them in a few weeks.

10past6

natters wrote: »

I recieved a phonecall today from solicitors acting on behalf of Newman

What's the name of these muppets that treat you with such priority by calling you?

natters_2

10past6 wrote: »

What's the name of these muppets that treat you with such priority by calling you?

Being honest I can't remember - began with a C I think.

RAS - it would have been paper & well before 2007

RAS

In which case they are muppets.

I think it more than likely that this is the DCa pretending to be a legal firm as any solicitor who knows anything about CCA would know that what they told you was boolocks

natters_2

Thanks RAS - that's what I thought too - although I'm pretty certain everything I've learnt on here has sunk in properly - it's nice to check, just to make sure I'm not the one being a muppet lol

Jameshar73

Hi,
I have been following various threads on Newmans and wondered if anyone can help or offer advice. American Express transferred my debt to them as I have been struggling with the payments.

I have been trying to raise funds to pay back the balance but it is not easy and as such I am trying to agree a payment schedule with them. However they are accusing me of stalling and allege that I committed to pay even though I had no intention of doing so. That was not the case as i said I would do all I could to get the money but in the end I just can't get it. Now they are saying that unless I pay £1500 immediately they will instruct their solicitors to start bankruptcy proceedings.

I am really panicking now so any advice would be appreciated.

Jesthar

Hi James,

Not really my specialist subject, but this sounds like their standard lying scare tactics - remember, these people are usually paid commission, so the more they extort out of you, the bigger their pay packet! :mad:

Have you ever done a CCA request on this account? I'm all for paying off debt to original creditors, but scumbag DCAs are another matter entirely. You never owed them a penny until they bought the right to collect any legally enforcable debt on this account, so if they can't legally enforce it, that's their problem - why should you pay a penny of what they are not legally owed?

~Jes

hettiecarro

Hi Jameshar73

You need to put this on your own seperate thread I think.

Go into the Debt wannabee forum and above the postings you will see 'New Thread'. Put it on there and lots of people will get back to you

hettiecarro

:oOops = Meant Debt FREE Management