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DLC Chasing an egg debt, refusing to acknowledge any requests

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Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    In that case, making a CCA request isn't usually the best option.

    If the debt isn't yours, then...

    a) It's not your account, so you are not entitled to make the request in the first place.

    b) The information required to be produced under a CCA request is not such that it can usually be sufficiant to prove or disporove you liability for the debt.

    Honestly, by doing so it gives the debt collector (rightly or wrongly) the impression that the debt is yours, but you are trying to avoid responsibility for it.

    If the debt was never yours in the first place, then arguably you should start off by simply denying outright that the debt is yours.

    The collector would then have to provide proof that you do owe it, If they do not, then under OFT guidelines they would be obliged to drop the matter.

    Also, in the end if the debt is not yours, then if they ignore your claims that you don't owe it and stupidly go to court, then they will fail there to prove you owe the debt and fall flat on their faces before the judge.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Adapting the letter in this link would be more appropriate:

    http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • thanks for the answers guys.

    I spent the first month telling them it was not my debt, they never listened to me or acknowledged it. Maybe I did take the wrong path but the end result should be the same if they cannot provide the paper work they have to stop bothering me which is the desired outcome.

    As for the tech, I had this all in place anyway, so I just utilised it for this purpose (which is ideal for me)

    Thanks for the replies and the extra information, I will check it out today.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    I spent the first month telling them it was not my debt, they never listened to me or acknowledged it.
    At that point you tell them to leave you alone and never make contact again. And after that, you use all legal means against them for harassment.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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