What do I do now?

Kathy220559

Hi

I was wondering if anyone call help me.

I sent a letter to my DCA requesting my original CCA etc and heard nothing from them at all.

I waited the 2 + 12 + 30 days and heard nothing at all from them. I then sent them the default letter which was signed for on the 24th July giving them 14 days to respond as advised on here.

I asked for all monies to be repaid and the debt removed from my credit file etc but still have heard absolutely nothing.

What do I do now. Do I assume they don't have the CCA. I have ceased making payments but still nothing, they are just ignoring me.

Does anyone have any advice for me please.

Cheers
Kathy

floss2

I would hang on a bit longer - the post strikes are not helping people waiting for letters! I posted a birthday card on 24th July, & it was received yesterday so your mail may be on its way....

Kathy220559

I never thought of that. Its still seems odd though that I first wrote to them asking for my CCA on 5th June and have heard absolutely nothing at all...or is that just me?

jo1972

What DCA is it cos I'm still waiting on Red Debt Collection Services, Lowell Financial and Mackensie Hall to respond to mine?

lemma1968

No, I have not heard about mine either.

As you have already sent them the deafult letter and there has been no response I would just leave it for now. No need to go poking the bear when the bear seems to be in a comatosed state. They have a legal obligation, the longer it takes them to fulfill it the better for you.

Whilst they are in default they cannot lawfully pursue you for the debt and it is a complete defence to any county court summons.

Don't panic, just enjoy the peace you have.

If you do hear anything from them, post again giving us the content and we will try and advise you further.

If they do send a CCA (or what purports to be one) again post and we shall advise you as to what it MUST contain to be enforceable. Many get away with just sending application forms....WRONG!!! Not allowed and not enforceable.

rog2

You CAN, initially at least, report them to the Trading Standards Office. They are in breach of their obligations and need to be reported.
You do have the security of knowing that they can not pursue this debt without having sent you a copy of the original cca, but they will argue that they can supply this at any time - not true.

Kathy220559

Thank you so much everyone...I guess I will just do as advised and wait and see. The DCA is called Credit Solutions and they are working on behalf of Barlcaycard. I have spoken to Barclaycard and they say they have not sold the debt on, just that the DCA are working for them, so I don't think thats good news.

I know I applied for the card on-line but I cannot remember whether they just sent me the card or sent me an agreement to sign first.

lemma1968

rog2 wrote: »

but they will argue that they can supply this at any time - not true.

Actually, if they come up with the CCA at a later date it makes the debt enforceable once again.

People should remember that even if they do not come up with the CCA the debt still exists and will remain on their credit file. Any payments made will be regarded as voluntary (other than unlawful charges that you can reclaim). All the no CCA does is make the debt unenforceable whilst they remain in breach.

It is true that they are in breach of their legal obligations by not coming up with the CCA within the 12 +2+30 days but what Trading Standards and the FOS do about it will vary from area to area and case to case.

Technically by not coming up with the CCA within the time frame quoted above they have committed a summary criminal offence and you can complain to the Trading Standards and FOS.

If they continue to process your data after failing to come up with the CCA you should send them a section 10 notice to force them to stop and remove any subsequent defaults.

For more info look at the https://www.consumeractiongroup.com/forum cos its full of the law and how to interpret it from many people who are going through exactly this. The two sites work in conjunction against the banks etc.