Reply from DCA-What should I do?

Penny-Pincher!!

Wondered if you could help me?

I was told I had a debt with a catalogue and I honestly dont think its mine-always paid my bills etc. I sent the standard letter with a £1 cheque requesting a copy of the signed credit agreement.

I have received a letter back stating that most home shopping accounts dont make you sign a credit agreement. You are deemed to have agreed the T&C when you placed your first order. By ordering goods from the catalogue you are liable for payment of the goods. If you are denying responsibilty for the debt we would ask what steps you have taken to return the goods you did not intend to pay for. The debt remains outstanding and we require offer of payment by return.

The above is the contents of the letter. What should I do? I sent £1 off but doesnt look like its been cashed

Is this correct? If its my debt, then of course I will pay.

Thanks so much

PP
x

looby75

every catalogue I've ever had has sent a credit agreement for me to sign. I think they have to by law. I think they are trying it on tbh.

Write back and continue to deny the debt, it's up to them to prove it is your debt not for you to prove it isn't.

Crown

Hi, It looks like they are trying there luck here.

If they havent got a signed credit agreement then there is nothing they can legally do as the paperwork would have to be presented before a small claims judge if they wanted to go down that route.

If it was the standard letter you sent it should have already said that you DO NOT ACKNOWLEDGE this debt and that they have 14 days to reply.

I would wrtite back and tell hem that as stated previously you do not acknowlede this debt and as they cannot provide you with a a copy of CCA then you refuse to take any further part in these discussions.

Did the letter you send have that if they do not reply then it is a criminal offence?

Have you got a copy of the letter you sent as your "Standard Letter" my not be the same as My standard letter

Crown

Was this the letter sent?

---

If a debt collection agency is chasing you send them this:

---

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 £1 in payment of the statutory fee.

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.

4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

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, therefore if I do not receive evidence that I owe your company any monies by 6th February 2006, I will have no hesitation in passing your details to the Office of Fair Trading.

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.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of "insert your address", will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf

Penny-Pincher!!

Thanks for the replies:D

It was similar to your letter but not as harsh:rotfl:

What should my next step be? Do you have a follow letter I could pinch from you;)

Thanks so much.

PP
xx

Crown

Sorry I havent got a template letter.

I would cut the relevant parts from the above letter stating the Law and that you will report them if they wish to pursue the debt.

The Letter may sound harsh but its just turning the tanles on them. How many times do they write to us demanding things? At least we know that the Law is on our side! Unfortunetly some of these DCA seem to a be a law unto themselves

immoral_angeluk

If they can't provide a CCA they can't chase you for the debt as there's no proof it's yours.

Penny-Pincher!!

Morning

I have just checked my online banking and the cheeky bu**ers cashed my £1 cheque. Are they allowed to do this as they stated they couldnt provide the credit agreement?

I am so miffed off:mad: ...I know its only £1 but this debt (I think) isnt mine!

Thanks

PP
xx

fermi

Hi Penny-Pincher!!

This fact-sheet on National Debtline has loads of info on catalogue debts, the credit agreements required under the Consumer Credit Act, and what to do if the catalogue company can't/won't provide you with a copy.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts

Hope this helps....:)