Debt Collection Agency...CCA Questions & Help please

BrightonSun

Hi,

I just wondered if someone can help with me with a couple of questions! It's a bit of a weird one.....

I am currently dealing with a Debt Collection agency with regards to a debt owed to Aqua. I sent the intally letter in Dec requesting the CCA and asking them not to call (Which they havent) I recieved an inital letter saying they had requested this. I then sent the other letter when after 12 days days I had not heard. (Well I actually sent this a quite a bit later like 30 days ) I have then recieved a letter from them on Thursday of this week. The most awful thing though my surname (:o x1000) is very similar to a word that can be seen as rude...Well they have adressed the letter to me in that word! It was so embarassing as we have a communal hallway and to come home to a letter adressing me as Miss ********. Do you think this was intensional? I feel as though it was to cause embarasement...Can I do anything about it? As clearly from my account they have my proper surname...

They have also put in the first line. 'Thank you for your undated letter' Which is NOT the case....

They have also put this statement:

Further please enlighten is as to what your specific dispute is which has necessitated the request for the copy of the agreement as we do not hold any details of this on file and would welcome the opportunity to welcome this accordingly'

Can anyone please help? I can scan the letter tomorrow if needed.

Thanks.

fatbelly

The debt is unenforceable until they provide something that satisfies CCA1974s77-79.

My guess is that they know that and, rather than play the game by the rules, they are just being rude and insulting.

I'd take the view that the ball is in their court and ignore everything they send until they send something that resembles a true copy of your agreement, particularly as you are clearly not Miss ********!

You could even send the 'Miss ********' letters back marked 'not known at this address'

BrightonSun

fatbelly wrote: »

The debt is unenforceable until they provide something that satisfies CCA1974s77-79.

My guess is that they know that and, rather than play the game by the rules, they are just being rude and insulting.

I'd take the view that the ball is in their court and ignore everything they send until they send something that resembles a true copy of your agreement, particularly as you are clearly not Miss ********!

You could even send the 'Miss ********' letters back marked 'not known at this address'

Thanks for your help. There is no way that it was a typo, G!ts! :mad:

So finally do I just sit tight until I get the CCA back? Or should I send any further letters to then? I'm sure I have seen one on here that says as you have not replied 12 days, also a further 30 it's unenforaceble? Is that correct? Also can anyone let me know if at anytime they send the CCA (be that say 6 months later) it can become enforaceble again?

Thanks

Jacobs_Crackers

Hi,
have a look at never-in-doubt's unenforceability thread - he's got all the relevant template letters & info there you should need & is available to answer any questions you might have. He's the king of the subject!
JC.
x

PNPSUKNET

I would make a formal complaint to bank of scotland that run this card, send them a copy of the letter and point out to them that they are liable to ensure that companys that collect debt for them must be have in line with the oft guidelines, Im sure if you took it to the fso they wouldnt take to kind to it

never-in-doubt

I'd be looking to wash my hands with them, send this letter and that will prompt them into responding, moreso cos they'll realise you're now getting help and it should stop them playing silly beggars! Debtors Final Response - No CCA Received

In the meantime, have a read here for all the help you need: Unenforceability & Template Letters III

Regards to the question, if they come back 6 months later with the original - yes, at any time within 6 years they can come back with the original and the debt would then become enforceable again, that is assuming that it was signed and contained the prescribed terms.

However as is usual, they don't find it and then after 6 years it becomes statute barred anyway - best send the letter off to them, that kinda tells them you're not speaking about it anymore until they comply with your s.78 request.

With respect to your name, just hold fire on that right now - use it later, if needs be when you go further up the food chain (i.e. the FOS/ICO etc)....

never-in-doubt

Jacobs_Crackers wrote: »

Hi,
have a look at never-in-doubt's unenforceability thread - he's got all the relevant template letters & info there you should need & is available to answer any questions you might have. He's the king of the subject!
JC.
x

aaaw, see you're just tooooo nice but you do need a guide dog lol

BrightonSun

People with out sounding like a soppy fool if I could put my hands through the computer and give everyone on here a massive hug for all the help I would!!

Without the sound knowledge and advise on here I don't even want to think what state I would be in!!!

With my Capital one card paid and closed, My overdraft going to be paid off within three months. My massive loan which finishes in Oct and the two credit card debts I am currently contesting I feel calm for the first time in about 7 years!!!

Thank you X100000000000000 to everyone who has is no doubt will help me in the future!!! :j:j

arkm12

hi i sent a cca request to marlin (was for a virgin credit card ) they responded on the 12 feb saying they have applied to arrow global ltd for the agreement so i assume they own the debt how long should i leave it before sending the next letter thankyou

never-in-doubt

arkm12 wrote: »

hi i sent a cca request to marlin (was for a virgin credit card ) they responded on the 12 feb saying they have applied to arrow global ltd for the agreement so i assume they own the debt how long should i leave it before sending the next letter thankyou

Hiya - read here: Unenforceability & Template Letters III