Letter fr4om debt collector..how do I respond?

Kathy220559

Hi

I wrote to a Credit Collection agency on 24th July asking for a signed CCA etc following advice on here.

A couple of weeks ago I received a letter from then stating that they had written to the original creditor to get the CCA and would forward it to me.

I have today received a letter with wonderful news!! (Their words not mine!)

They have now offered to settle the debt at 50% and the offer is for a limited time only. How lucky am I? Am I to assume from this that they do not have a copy of the signed CCA and have realised that they cannot enforce the debt or am I just being too hopeful?

I do know I have the debt with the original Credit Card company but I hate dealing with this collection agency. They are rude and arrogant.

Well, wonderful offer or not I do not have the funds to take advantage of it but I am at a loss as to how to reply to them.

Please, can anyone give me some advice?

RAS

Hi

Do not reply to this.

Chances are they do not have the CCA but hope to get some money out of you.

And by the way, the answer is that you are unable to communicate further until they produce the CCA. They should not be making any other contact with you until that is produced.

Kathy220559

Is that true RAS? I was tempted to write to them again asking for the CCA but should I just not do anything. I am a little scared of just ignoring letters.

RAS

Hang on, just read that - 24th July

OK, what date did they sign for the letter?

They are already in default and in another couple of days you can tell them that you are not going to pay them, bye, bye.

Hold on tight.

I have to go but will try and put it up tomorrow late. Or do a search this forum for threads by kurjam, she has just done this too.

rog2

RAS is ABSOLUTELY correct - do NOT make any payment to them.
They should have provided you with a true copy of the original signed consumer credit agreement within 12 working days of receiving your first letter.
The fact that they have not done so means that, has, in effect, rendered the agreement unenforceable - in order to enforce the agreement, they would have to, after 12 days, obtain a Court Order.
Furthermore, if they fail to produce the cca within 30 days they have committed a Criminal Offence under the Consumer Credit Act 1974 (S77(1) and S78(1)).
This applies whether they were the original creditor or not.

Kathy220559

They signed for the letter on the 24th July. They then wrote to say they were contacting the Credit Card company to get the CCA. I have spoken to the Credit Card company and they have not sold the debt on but say they have authorised the Collections Agency to collect the money.

I know they are in default because of the time that has passed, but can't they still come forward with the CCA at a later date and then enforce the debt. Am I therefore just postponing the inevitable.

I really am at a loss as to what to do now. Sorry for all the questions but I really do appreciate all the help.

rog2

Kathy220559 wrote: »

They signed for the letter on the 24th July. They then wrote to say they were contacting the Credit Card company to get the CCA. I have spoken to the Credit Card company and they have not sold the debt on but say they have authorised the Collections Agency to collect the money.

I know they are in default because of the time that has passed, but can't they still come forward with the CCA at a later date and then enforce the debt. Am I therefore just postponing the inevitable.

I really am at a loss as to what to do now. Sorry for all the questions but I really do appreciate all the help.

I really have to go out for a couple of hours, but I will try and post a 'sample' letter, that you can send them, either later tonight, or in the morning. I'm really sorry that I don't have time now, but I WILL make time, in the meantime try not to worry.

Kathy220559

Thank you Rog2 and everyone else for your help.

rog2

Kathy220559 wrote: »

I know they are in default because of the time that has passed, but can't they still come forward with the CCA at a later date and then enforce the debt. Am I therefore just postponing the inevitable.

If, after 12 days from receipt of your letter, they 'find' the original cca, they must, then apply for a court order BEFORE they can attempt to enforce the 'alleged debt'. Without the Court Order, the 'alleged debt' is unenforceable.

I suggest that you send them the following letter:

"Dear Sirs,

Your ref:

I do not acknowledge any debt to your company, or any company that you claim to represent.

I wrote to you, on xx July 2007, enclosing the statutory £1.00 fee, asking for a true copy of the original signed Consumer Credit Agreement relating to the 'alleged debt'.

You have failed to supply me with the requested documentation within the time period allowed for under the terms of the Consumer Credit Act 1974.

By not supplying this documentation you have, in my opinion, now committed a criminal act under the legislation contained within section 77(1) and section 78(1) of the Consumer Credit Act 1974.

Section 189, of the Consumer Credit Act 1974, obliges you to supply the required documents, whether you are the original creditor, or not.

As you will be aware, a credit agreement that is not properly documented, and signed by the customer, is totally unenforceable under the terms of the Consumer Credit Act 1974, and therefore is a complete defence to any court claim that is issued.

Therefore, I will no longer be making any payment toward this 'alleged debt' as it is now unenforceable. I now consider the matter closed and no further correspondence, regarding payment, will be entered into.

Any further attempts to pursue payment against this 'alleged debt' will be treated as harassment, contrary to the Administration of Justice Act, and will reported to the relevant authorities.

Yours faithfully"

Enclose a copy of your original letter, and send this by recorded delivery.