CCA Questions

whitefuschia

If a debt is passed to a DCA:

Do I continue to make token payments to the original creditor or to the DCA?

Who would have to provide me with a CCA? Original creditor or DCA?

Sorry for all the questions, I'm just trying to get it all clear in my mind what I want to achieve and how I need to do it.

thechippy

whitefuschia wrote: »

If a debt is passed to a DCA:

Do I continue to make token payments to the original creditor or to the DCA?

Who would have to provide me with a CCA? Original creditor or DCA?

Sorry for all the questions, I'm just trying to get it all clear in my mind what I want to achieve and how I need to do it.

Dca's are generally more open to a f&f than the oc.
If a dca takes over, then pay the dca.
It's the oc that has to comply with the cca request. If this gets taken over by a dca, just tell them that the oc has not yet complied.

Regarding interest. Personally I would write to these muppets and tell them in no uncertain terms, that unless they cease adding interest and charges, you will be ceasing payments. After all, what's the point in making payments for the debt to remain the same or increase??

If a dca BUYS the account, rather than acting as an agent, generally they have no legal standing to add further interest and charges.

whitefuschia

How do I know whether the DCA has bought the debt or is acting as an agent?

thechippy

whitefuschia wrote: »

How do I know whether the DCA has bought the debt or is acting as an agent?

Thier letter will quite often say that they are acting on behalf of...

chrisl-1410

I'm really sorry if this is in the wrong place but I suspect I have a query that has been asked a thousand times before and I didnt want to start a whole new thread and this one seemed appropriate :S

My gf has apparently recieved a few letters from various debt companies recently but she ignored them and hid at first until Moorcroft, and i use her words, sued her to death. She has now told me and I am trying to sort out her financial mess.

Ive tried to get Moorcroft to respond to me in the hope that they will sign a consent order to set aside her judgement if she pays within say 21 days but they remain a work in progress. I have also managed to get 2 other companies to clear off but alas Lowells remain.

She tells me that she doesnt know anything about the debt and suspects her ex has used her account info and made purchases. I was about to send them this...

You have contacted Miss XXX regarding the account with the above reference numbers, which you claim is owed by Miss XXX. I would point out that Miss XXX has no knowledge of any such debt being owed.

I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to Miss XXX’s liability for the debt in question. I define evidence as you being able to satisfy the requirements of sections 77, 78 and 79 of the Consumer Credit Act 1974. I attach herewith a cheque in the sum of £1 as required by the same.

I look forward to your reply.

Does anyone think this is OK?
Am I right in thinking if they dont come back with the signed agreement within 12 days then the debt cant be enforced and she can go back to hiding beneath a pillow if they write to her?

Any help or thoughts would be appreciated

nottoolate

chril

you would be better off starting your own thread