Debt passed to new DCA but no CCA received - help!

tishywish

I haven't posted for a while, all has been quite quiet with most creditors for few months now.

There's always one though IQOR had my MBNA debt so I sent them a CCA request. I never heard anything back from them but have carried on making payments to them at the rate set by Payplan. So far so good, but this morning I had a letter from Debt Clear Recoveries and Investigations Ltd saying they now have my MBNA debt, they won't accept £32 a month (tough) and they want to see if I can make a partial settlement.

So my questions:

Are IQOR allowed to pass on a debt that is still in dispute?
How many more times am I going to have to send CCA requests?!
Shall I just send this lot a CCA request and see what they do?
Or shall I tell them to get lost anyway and stop paying them?

Thanks

Jesthar

Oooh, naughty DCA! (no surprises there, then... :rolleyes:)

No, I don't think you need to bother with another CCA request, as a DCA isn't legally allowed to pass on a disputed debt, and there is a template letter you can send to tell the new DCA that this is what they have bought - they should drop it like a hot potato and boot it back from whence it came. Regrettably I don't know the link to the letter, but plenty of people around here do - anyone, please?

Have a word with PayPlan about the payments, but I think your best course would be to carry on paying who you were paying until PayPlan give you a definite answer.

~Jes

tishywish

Great, thanks. I am speaking to Payplan on the 26th to confirm my review so won't post them a copy of the letter yet. I'll enjoy telling this DCA where to go

Anyone got the link to the letter to send the new DCA?

russt2000

this letter may do ,just ammend it to your situation,

Originally Posted by Pass to another DCA
ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather 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 DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will 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 **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** 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 Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

tishywish

Thanks very much, I will get on with a letter to go off to them tomorrow.