dca advising me to request cca from oc..?

luvfreebeez

Hello

I was wondering if someone could answer this question for me, im sorry if this has been asked on similar threads.

I requested cca from dca a few weeks ago (this debt has been with them for around 2 years now).

The dca have now sent the postal order back to me along with a letter stating that they are an agency collecting on behalf of the client, and that all requests for information to be made directly to them.

Now, do I have to go and write the same initial letter requesting cca from the OC (who are egg)?? I was under the impression that this dca had bought the debt from egg anyway,not just collecting on their behalf!

Any advice would be appreciated.

sourcrates

Hi there,

Have you been sent a notice of assignment from your original creditor ?, if not the dca does not have the legal right to collect this debt, you can ignore them if thats the case, the dca will not have your original paperwork anyway, but if the debt has been assigned to them they must by law pass on your request to the original creditor, sounds to me like egg have just passed this on to them without the nicety of paperwork, you may have to send the request to your original creditor asking for your cca.

richard

luvfreebeez

sourcrates wrote: »

Hi there,

Have you been sent a notice of assignment from your original creditor ?, if not the dca does not have the legal right to collect this debt, you can ignore them if thats the case, and then send the request to your original creditor asking for your cca.

richard

Hi,

to be honest i cannot remember, at the time i had a lot going on and all i remember is egg telling me the account had been passed on and the next thing i knew i was paying the dca. They may have sent a notice of assigment but this was such a long time ago that i dont remember,doh!!

sourcrates

Just send your request to the original creditor in that case, asking for copies of your cca, any notice of assignment etc, they have to deal with it then, the template letters, if you dont already have them are available on this site, good luck.

rich

DVardysShadow

luvfreebeez wrote: »

... I requested cca from dca a few weeks ago (this debt has been with them for around 2 years now).

The dca have now sent the postal order back to me along with a letter stating that they are an agency collecting on behalf of the client, and that all requests for information to be made directly to them.

...

Any advice would be appreciated.

I think I would be a little stroppy at this response and write back to say that as they are acting as agent, if they are not prepared to deal with your CCA request, you regard that as a refusal on behalf of the client to provide a CCA. cc egg in on your letter, keep a copy and let them sort themselves out.

They cannot have it both ways. If they are agent for the client, they deal with all correspondence.They cannot pick and choose.

Not sure whether everyone would go along with this advice. Interested to know if others would agree.

DarkConvict

If you send a DCA the CCA request they are legally obliged to obtain it as they are acting on behalf or own the debt. Once they get the request they should pass it to the OC to get if the DCA does not already have the CCA. The DCA has 14 days to get your CCA for the day you sent it. You do not need to CCA the OC, if they refuse to get the CCA after 40 days you can put the account in dispute.

There was a topic somewhere is an extract showing why the DCA must fulfil the CCA request.

DVardysShadow

DarkConvict wrote: »

If you send a DCA the CCA request they are legally obliged to obtain it as they are acting on behalf or own the debt.

So you are saying that they must do it both ways? As agent for Original Creditor and as DCA owning the debt?

DarkConvict

Found it, fermi posted the law on the matter 2/3 months ago.
http://forums.moneysavingexpert.com/showthread.html?t=2065263&highlight=dca+cca+oc

fermi wrote: »

If a DCA has bought the debt, then they are legally the creditor by law and must provide the CCA.

If they are just acting for the OC then the law says the must forward the request and payment on to the OC.

Either way, refusing the request and saying that you must contact the OC is bullsh*t. Plain and simple. Just tactics to try and avoid there responsibilities.

---

A DCA collecting a debt on behalf of a creditor is an "agent".

175. Duty of persons deemed to be agents.

175. Duty of persons deemed to be agents.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

If the DCA claims to have been assigned the debt then.......

189. Definitions.
“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

luvfreebeez

Many thanks for all your replies. Well I shall be looking at this a little further - thankyou Darkconvict for posting that link, very helpful.

never-in-doubt

But you do not need to do any of that! The law is simple as per the first page of the CCA Request which clearly states:

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

As you can see, this is interpreted into the links Fermi posted in his response to the other poster. Basically s.175 & s.189 tell them what they ought to be doing.

I already answered you here: #1612

never-in-doubt wrote: »

Hiya

You should send the original (or a copy) of the CCA Request (and PO) back to them with a covering letter stating the following (and fill in the dates as well):

'I refer to your letter dated XX/XX/2010 in which you state that I should send my request to the original creditor, Egg. May I point out that if it is your view that you are not the creditor, s.175 of the CCA(1974) applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Therefore I expect my original request to be dealt with, and this (along with the original Postal Order) is attached for you to action or pass directly to Egg, as you may see fit. However, please be assured that you will be in default of my s.78 request if you do not deal with this request and as such, the account will be unenforceable until such time as you do comply.

As your company is the one writing to me, you are responsible for ensuring compliance and I therefore look forward to hearing from you in due course. I must point out the 12 (+2) statutory time limit is still running from the date of my original request which was XX/XX/XXXX'.

never-in-doubt

DVardysShadow wrote: »

So you are saying that they must do it both ways? As agent for Original Creditor and as DCA owning the debt?

No mate - you're getting slightly confused.....

Whoever owns the debt (i.e. asks you for money) is ultimately responsible for ensuring a CCA is completed. This could be the OC or a DCA or an in house debt collection company, such as BOS (Blair Oliver Scott).