Dca In Default !!!

file_wizzard

Money-come-lately wrote:

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?

Yes, CCA / documentation requests must always be made to the legal owner of the debt.

Therefore in this case Recover are under no lawful obligation to supply the documentation as they are merely acting as an agent on the owners behalf, however they are obliged to inform you of this fact when you make your request.

If they contact you again inform them that the debt is currently in dispute and that you are awaiting proof of the debt from the owner

Money-come-lately

Thanks file_wizzard you have been really helpful.

Thankyou.

But can Recover continue with trying to make me bankrupt in the meantime even though I have sent the above letter to them?

file_wizzard

Money-come-lately wrote:

Thanks file_wizzard you have been really helpful.

Thankyou.

But can Recover continue with trying to make me bankrupt in the meantime even though I have sent the above letter to them?

Nope!, the debt is in dispute, and by all accounts the partie who alleges to have legal title is unable to document either the debt, or their right to recive payment.

Send the following to the owner and await a response (or not as the case may be!)

---

Your Name

Your address

Their Ref; (if given)


I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx (cheque is also fine)

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours truly,

Money-come-lately

Thanks file_wizzard

Would that letter that you have just posted be better the one that I originally posted above? It's just that my printers broken and I have already written it !!!!!!!!!!!!!

file_wizzard

Money-come-lately wrote:

Thanks file_wizzard

Would that letter that you have just posted be better the one that I originally posted above? It's just that my printers broken and I have already written it !!!!!!!!!!!!!

lol, yes far better as you are also requesting them to prove their legal title to the sum claimed, if they cant do that then the CCA argument is academic.

Money-come-lately

Thanks, file_wizzard

I've been down to my local 24 hour ASDA to buy a new ink cartridge!

Oh, and some milk as well :rotfl:

The upshot is that I have printed the above letter that you posted!

I'll send it via recorded delivery today (Wednesday).

Will let you know how things develop! :rolleyes:

Money-come-lately

It's now been 4 weeks since recover were sent the above letter - no reply yet I notice! Even if they were just acting for Intrum Justitia! :rolleyes:

Sent the 2nd letter above to Intrum last week - no reply yet.

Just a thought ! Were Recover bulling me all along about making me bankrupt as they do not own the debt?!

postingalwaysposting

how old is this debt? beacuse i thought barclaycard wont send you a credit card unless they receive the credit agreement signed? or have i got that wrong *gave up my barclaycard when i became debt free *

Money-come-lately

Well the card was taken out in 1993 which is a fair time ago. The card was defaulted in 2004.

Dr.Shoe_2

In these cases I send a cheque because you can use encashment to verify receipt of the letter. However, some will say that they will try to use the cheque towards your debt and say you acknowledge the debt.