Debt collection agency

jesmin45

In 1999 I took out a loan for an ex, paid the instalments for around 18 month and then had to agree to a payment of £20 pm through a DCA which I have paid ever since. They did stop interest after so many years. About 6 months ago this was taken over by yet again (3rd time) another DCA. I have now received a letter today saying they want to review my payment. I feel so stupid for letting it get to this and have never told my husband of the debt. Is there a template letter I can send to this company, I could offer to pay off £1k, the debt is £4800. I don't want my husband to find out about this. About 3 years back I wrote to the then DCA and requested all my payment info etc they wrote back saying they did not do these kind of requests. Thanks in advance for any advice.

Marktheshark

Respond with a CCA demand letter.
Often lenders will not sell CCA contracts with debt files for commercial confidentiality reasons.
If they dont have it and many when challenged using this tried and tested MSE loophole you can reduce it to £0.
Fermi or Fatbelly are the ones to ask for the best version of the CCA request.

jesmin45

Thank you so much

Marktheshark

You have to be ready and determined in what to do if they can not produce the CCA, no, nonsense or bullying you make it clear no CCA = no money until they can produce one.
Not interested in what the "do or dont do"
No CCA = you will not be making any payments and if they make threats you will be straight on to the authorities.
Sounds like you rumbled them last time and they got away with it.

Make sure you send the right letter and the fee and do not let them off any hooks.

Marktheshark

This is the MSE template.

To:

Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I/we look forward to hearing from you.

Yours faithfully



Your name.

credit fermi.

sourcrates

Good advice above, they are unlikely to have the original credit agreement from 1999, creditors keep these for around 6 years, sometimes a little longer, but its just not possible to keep every piece of paper ever signed, indefinably.


This is where the CCA 1978, sec 78, comes in real handy, especially with older debts, as Marktheshark says, if they cant produce the original copy of your agreement, or an acceptable reconstituted version, they cant obtain a CCJ in court for non payment.

Marktheshark

PS if you sign the letter use a completely different signature, I mean really different.
See if you catch them at it as well.

jesmin45

Much appreciated, will keep you posted!

poppasmurf_bewdley

Marktheshark wrote: »

PS if you sign the letter use a completely different signature, I mean really different.
See if you catch them at it as well.

Also, send the £1 by Postal Order so they cannot get your signature/bank details from a cheque.

jesmin45

What would they do if they had my signature? Surely not forge it on a new credit agreement?

poppasmurf_bewdley

jesmin45 wrote: »

What would they do if they had my signature? Surely not forge it on a new credit agreement?

Out of the mouths of babes and sucklings. You evidently have not had experience of some of the debt collection agencies that lurk in these islands, and the tricks they have been known to get up to.