DCA help - what next? UPDATE

Shelldean

Ras

Thank you, am so stressed about this. I have worked SO damm hard since i had my daughter 16 yrs ago ( this debt pre-dates her birth) to be more sensisble with money etc( not always managing it) This just seems a real kick in the teeth, perhaps i shouldn't hjave rocked the boat and kept paying until i was 70

Fermi,

not sent that letter, I sent a CCA request, and after the time allowed, I sent the following......

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT


Dear Sir/Madam


ACCOUNT NUMBER: *******************


I do not acknowledge any debt to your company.


I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.



The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.



I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:



If the creditor under an agreement fails to comply with subsection (1)—



(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 1998)

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,




The only reply I had receiuved from the DCA crossed in the post with the one above. I have detailed it in my 1st? post above.

Should I send the letter you posted?
what about the deadline of Friday 28 Apr?
And does the fact the letters aren't technically addressed to me have any bearing?

Jesthar

Hi Shelldean, Didn't want to read and run...

Honey, relax. RAS is right - they haven't (and, give the time they have had, presumeably can't) produced the required paperwork, so they don't have a legal leg to stand on. So, because they are an industry which only exists to give sadists, school bullies and people who find the used car industry not cut-throat enough alternate career options, they are jumping up and down and making a big noise and cloud of smoke in the hope that you will be so scared you'll roll over and pay up.

The problem that they have, though, is that when people stand up to them and the majesty of the law turns it's interest in their direction, all that smoke and bluster gets blown away to reveal their actual legal standing is less "Terrifying Balrog", and more "Foul Mouthed Hamster with a Megaphone and Firecrackers", and legal precedent in these matters mean that, in these cases, the Boot of Justice proves instantly fatal...

*hugs*

~Jes

Shelldean

Jesthar

thank you
gotta admit am close to rolling over, just want this gone.

RAS

Hi

In the judgement on which this case rests, the judge found that any credit arrangment made without a legally complaint CCA was a gift, pure and simple.

Yes a I feel a bit sorry or the bullies. After all a number of major debt collection companies are about to go the same way as the banks and the bullies will lose their jobs too.

Shelldean

so what do i actually do now? in respone to the letter they've sent?
use Fermi's template or something else? or do n othing and see if they are calling my bluff?

RAS

Use fermi's template and then make a complaint to the OFT and the trading Standards closest to their office. They may not doing anything specific with your personal complaint but they use the fact that they have a mass of complaints to target companies.

1st credit for instance got a roasting last month and have been reported to be "nice" when they were one of the worst offenders.