Dca In Default !!!

Money-come-lately

Hello people.

Until recently I had a seriously horrible DCA chasing me for a £8000 debt. A payment plan was refused as they thought that I owned my house and therefore they gave me the stark choice - either pay the full amount (plus a £300 + VAT charge!) or we will bankrupt you and you will lose your home.

To be honest they did not seem like the nicest of people.

So being unable to pay the full amount and not wishing to lose my home (I have three young children under 3 years old) I felt forced into a legal process in order to avoid the debt and /or gain more time.

A few weeks ago now I sent this DCA a standard template letter (plus £1) requesting a copy of my original signed credit agreement. It has now been more than 12 working days since they recieved this request and I have not had a reply.

Am I correct in thinking that the following two points are correct :

1 - This DCA is now in default as they have not supplied the requested documents?

*AND MOST IMPORTANTLY*

2 - That now that this DCA is in default are they unable to take legal action (CCJ's, Bankruptcy) whilst they are in default?


What do you think guys and gals?:o

immoral_angeluk

Well until they provide you with a copy of the agreement then they can't chase you for a penny. Did you give them a time to respond by in your letter?

file_wizzard

Money-come-lately wrote:

Hello people.
Am I correct in thinking that the following two points are correct :

1 - This DCA is now in default as they have not supplied the requested documents?

*AND MOST IMPORTANTLY*

2 - That now that this DCA is in default are they unable to take legal action (CCJ's, Bankruptcy) whilst they are in default?


What do you think guys and gals?:o

After 12 days they are in default of their lawful obligation to provide the documentation and thus the debt is unenforceable through the courts until such time as the documentation can be provided.

After 28 days they commit a statutory offence , and this should be reported to your local trading standards office and the OFT.

Money-come-lately

Hi,

Yes, I did say in the letter that the documents should be supplied in 12 working days.

Below is a copy of the letter that I sent.

Anybody who is having problems with DCA's please feel free to use it !

****************************************************

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

myrnahaz

Did you send it as a 'signed for' letter - I'd imagine the 12 day rule is only enforcible if you have proof of the date it was sent. The DCA is probably aware of this as well, so it may be worth sending another with a 'signed for' option.

Money-come-lately

Hi, yes the letter had to be signed for on delivery. It also has online tracking which says that it was delivered. And also I have a a small certificate with a tracking number on which says when it was posted and where it was posted to.

Money-come-lately

Just out of interest, the original dedt was with Barclaycard who sold the debt to Intrum Justitia. Intrum Justitia then got another DCA called Recover to work for them. Recover then threatened me with Bankruptcy.

Am I ok just sending the above letter to Recover, or do I have to send it to Intrum Justitia as well for it to be effective?

MCBIRNIE25

Whoevers collecting the debt. I would sit tight now and let them come up with the agreement.

Money-come-lately

Hmmmmmm. The only thing that worries me is that although Recover are now in default - technically Intrum Justitia are not. Maybe Intrum Justitia could enforce the debt now? Or do I have to write the above letter to them (Intrum Justitia) as well?

file_wizzard

You should always send the request to the legal owner of the debt, are you sure the debt has been sold, and is not just being collected by either agency.

I note your original letter did not request a copy of the deed of assignment (if any) it is key that you first establish who actually owns the debt, the CCA / DPA letter should only be sent to the company with legal title to the debt.

The DCA’s in many cases are just the monkeys (some more than others!) and not the organ grinders

Money-come-lately

Hi, no the debt is owned by Intrum Justitia. And it is being collected by Recover.

Have I put my foot in it by just sending the above letter to Recover and not Intrum Justitia?

And if so should I send the above letter to Intrum Justitia as well asap?