DCA's hounding me for debts over 8 years old

rebel2

Hi, Receved a letter today instructing me to apply to the OC from a DCA I have never heard of!!!!. The letter has been sent back to me within the 12 Plus 2 time limit. Will I now have to send these unknown Det collectors a cca or do I stick with the original DCA and send them the 12 plus 2 days letter?. Either way I thought the dca should privide me with the CCA not just pass it on to someone who hasn't got it either,or tell me to apply to the OC?. Help anyone!:o

GeorgeUK

If the DCA you sent the CCA request to is no longer pursuing you for payment, there is no need to send them the 12+2 day letter. Has the DCA passed the debt to another DCA?

You should not need to chase the OC for the credit agreement - that is their job.

rebel2

GeorgeUK wrote: »

If the DCA you sent the CCA request to is no longer pursuing you for payment, there is no need to send them the 12+2 day letter. Has the DCA passed the debt to another DCA?

You should not need to chase the OC for the credit agreement - that is their job.

Yes Outstanding services have passed the debt on to another DCA. Have they broke the rules by selling it on?.

GeorgeUK

It may be the case that they have given it back to the original creditor who has appointed this new DCA - in which case there is no breach. It would only be a breach if the owner of the debt had not fulfilled the CCA request and passed or sold the debt on.

rebel2

Hi, Ok then let me get this clear in my mind:o. I sent a CCA request to the DCA who have been hounding me for years,I have had no reply from them and instead they pass it on to either the OC or another DCA who I have never heard of, and send me a letter saying I have to apply to the Oc for a CCA?. So who now am I dealing with?. Surley I don't have to apply to the OC like this new DCA has said do I?. As far as I'm concerned the original DCA has been requested to supply my CCA, and they should now be part of the proccess of recieving the 12 +2 and the 12+2+30 day letters?. Or am I now barking up the wrong tree and should CCA this new DCA?. It just seems to me that the First DCA is trying to wriggle free of this letter sending proccess?. Someone must know the consumer law when this happens as I can't really find anything or any post in a similar situation.

RAS

Hi

it does not matter. The DCA to whom you sent the request HAVe to send you the CCA or it is in dispute.

If they tell you to contact the OC, that does NOT absolve them of their responsibility or remove the dispute.

If they have transferred the debt to another DCa, they are both breaking the rules.

Templete leter coming up.

RAS

posted by fermi previously

Account passed to new DCA/solicitors while the original is in default of a CCA request.


Quote:
FORMAL NOTICE - 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.

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, 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 not only be fully and vigorously defended, it will ALSO 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/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** 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 and the Consumer Protection From Unfair Trading Regulations 2008.

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
Courtesy of Curlyben

rebel2

RAS wrote: »

Hi

it does not matter. The DCA to whom you sent the request HAVe to send you the CCA or it is in dispute.

If they tell you to contact the OC, that does NOT absolve them of their responsibility or remove the dispute.

If they have transferred the debt to another DCa, they are both breaking the rules.

Templete leter coming up.

Thats brilliant RAS thanks for that, I will send this letter and report back with the results:T

rebel2

Hi, One of the DCA's has sent me a photocopy of the signing page of a CO-op visa application.The quality is poor and does not have the rate of interest on it anywhere. This was sent to me after the 12 plus 2 days in fact after around 19 days. Does the document have to state the rate of interest on the same piece of papey for it to be viable?.The DCA have said that they have satisfied my cca request and now want payment because the account is overdue!.

rebel2

Hi, Just to update, Two DCA's have to date returned alleged agreements. Both 2 weeks after the 12plus 2 time limit. Both don't have all the conditions on them and only cheap photo copies. I have sent the first back the template letter saying the CCA is not a true proper copy and am still waiting a reply. The second CCA had writing on it that wasn't mine and crossing out in boxes that then they filled in themselves including what looks like my wife's signature for the additional card!. The latter cca is two pieces of an agreement photocopied together. They have obviously took great care in photocopying the two pieces to look as if it is one,but they have cut through some hand written details!. Just 2 quick questions though, what if the Dca's send the account back to the OC which is where the CCA's have come from, Would I have to start again and send them a CCA request?. Don't quite know the law now the accounts are in default, does the OC or whoever they might pass it on to have to honour the rules that the debt can't be enforced?,because I can see the OC's playing hardball and adding charges to the accounts again like last time.