Is it appropriate to.....

dexters_mum_2

Some of you may have seen a post from chicken licken AKA Cath, who is a close friend of mine and my husband.

We have been helping her out with her rather grim financial situation and we have pretty much got a grip on it now.

Cath had a number of DCA's contacting her regarding catalgue debts, which she didn't acknowledge as being hers, indeed some of the details were incorrect, mis-spelt names, titles etc so we did what DFW's advised and requested signed CCA's.

I think there was 3 DCA we wrote to...Robinson Way, Roxeburgh and someone else. RW, as you may have seen, wrote back saying they had no CCA but she was liable for the debt, they replied 14 days after we requested the CCA within 12 days, allowing for the Bank Hols. Roxeburgh and the other one have not replied, 15 days after submitting the requests, NB, we sent letters by recorded delivery and allowed 12 days from the day after they recieved them, so we have been flexible with them.

It is now appropriate to write to these other 2 DCA's saying as you have not provided a signed CCA, she will no longer enter into further communication? and in regards to Robinson Way, she has posted a letter to them saying as they cannot prove the debt and apparently GU say she owes them nothing to take her to court, not sure if that was her wisest move to be honest.

I am supposed to be writing the letters today for her but I don't want to put anything down that could make her liable for anything and I certainly would want to open the flood gates for any further action.

Also, what are the likelihoods of a DCA/Solicitor taking her to court for these debts without a signed agreement and the failure of these agencies to provide the signed credit agreement and getting a CCJ?

Many thanks in advance.

dexters_mum_2

Any ideas guys? anything? Really stumped on this one...

Bogof_Babe

What does DCA and CCA stand for?

I had a problem many years ago with J D Williams, who took payment by direct debit from my account despite my never receiving the goods I ordered. I got into quite heated dispute with them (mainly by post, as I could never get through on the phone, and didn't have access to email then). I repeatedly requested a copy of the signed delivery note, but this was never forthcoming, and eventually they did refund my account.

I don't know if this relates in any way to your friend's situation, but I would say she has to demand proof of delivery for any unreceived catalogue goods she is being harassed for payment of.

However if she did receive the goods, and is just trying to get out of paying for them on a technicality, then I can't condone her on that.

dexters_mum_2

Hi there
DCA= Debt collection agency
CCA= Consumer Credit Act

No, she's not try to get out of paying for goods, she has paid GU in full for a debt a number of years ago and this has been settled by GU, who have confirmed this, the DCA is chasing her for a further debt she knows nothing about and a further 2 DCA's have sent letters, with incorrect information on, this normally points to the DCA sending letters to everyone with the same initials and surname and hoping someone will pay them the money and admit the debt.

A consumer credit act has to be signed by the consumer, mail order is not expempt from this like some of the DCA's like to think.

Not one of them has prooved the debt or provided any evidence of a signed CCA by her, technically this makes a debt unenforcable but I am not sure how you go about writing to these agencies to say this, many of them don't seem to know the regulations about the consumer credit act and she just wants them to stop persuing her for a debt she doesn't owe and they can't proove that she does.

BAILIFFCHASER

dexters_mum wrote: »

Some of you may have seen a post from chicken licken AKA Cath, who is a close friend of mine and my husband.

We have been helping her out with her rather grim financial situation and we have pretty much got a grip on it now.

Cath had a number of DCA's contacting her regarding catalgue debts, which she didn't acknowledge as being hers, indeed some of the details were incorrect, mis-spelt names, titles etc so we did what DFW's advised and requested signed CCA's.

I think there was 3 DCA we wrote to...Robinson Way, Roxeburgh and someone else. RW, as you may have seen, wrote back saying they had no CCA but she was liable for the debt, they replied 14 days after we requested the CCA within 12 days, allowing for the Bank Hols. Roxeburgh and the other one have not replied, 15 days after submitting the requests, NB, we sent letters by recorded delivery and allowed 12 days from the day after they recieved them, so we have been flexible with them.

It is now appropriate to write to these other 2 DCA's saying as you have not provided a signed CCA, she will no longer enter into further communication? and in regards to Robinson Way, she has posted a letter to them saying as they cannot prove the debt and apparently GU say she owes them nothing to take her to court, not sure if that was her wisest move to be honest.

I am supposed to be writing the letters today for her but I don't want to put anything down that could make her liable for anything and I certainly would want to open the flood gates for any further action.

Also, what are the likelihoods of a DCA/Solicitor taking her to court for these debts without a signed agreement and the failure of these agencies to provide the signed credit agreement and getting a CCJ?

Many thanks in advance.

your freind needs to send a copy of the following letter(adjusted as required0 to every dca who is contacting her with a £1 cheque. If there is no agreement then they will just go and hide under their rocks they came out of and your freind can walk from her debts as they will be unenforceable !!!!!


Client ref
Your reference :
Client reference :

Dear sir/madam

With reference to the above account, I am writing to confirm I am not acknowledging this debt.would you please send me a true copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

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.
Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not. I await your reply.


the best way to pay a £1 is buy sending a cheque to girobank at bootle if you have a paying in slip. that bounds the dca over and they have to comply !!!!!!

also let the dca pass the 30 days and then write to your local magistrates court and tell them that a offence has been committed(criminal0 by the dca. they (the magis court0 will issue criminal summons against both dcas . If the dcas have not responded that usually means there is no agreement they can show which the main thing when they issue in court against you !!!!!

dexters_mum_2

Thanks BC.
We've actually already sent that letter, we are at the stage afterwards, 1 DCA needs to be told that as they don't have a CCA their alledged debt is unenforcable and the other 2 have not replied after 12 days.

You seemed pretty clued up on this, what would you suggest writing now, now that 2 have failed to respnd and the other claims that although they don't have a CCA, they can enforce this debt?

Many thanks

BAILIFFCHASER

WAIT FOR THE 30 DAYS. ONCE THEY ARE UP COMPLAIN TO YOUR LOCAL MAGISTRATES COURT. Write to them enclosing a copy of each cca request that has not been replied to. they will either clarify or will issue a summons against the companies so that they can explain why they have not replied. The company that says the debt is enforceable !!! issue a small claimagainst them for harassment. even better for compensationfor the distress caused. when it goes to court they will bottle out !!! you might even get a judgement against them !!!

dexters_mum_2

:beer: Cheers Baliffchaser!

I will do that! Give them a taste of their own medicine!!!