CCA request returned - question?

AllTheHelpICanGet

Hi all,

I have this morning had two CCA requests returned to me from the DCA stating that I need to contact "their client" (my original creditor) directly, forwarding them a postal order for £1 for the request.

I believe I have read on here that it is the DCA's responsibility to provide this information now that they are managing the account - is this correct? Also, if I resent to the original creditor I would have to purchase new postal orders which seems unreasonable and further unnecessary expense.

Please can I have some advice as to the best way to handle this? Do I write back stating that it is their responsibility? Recommendations much appreciated!

Thanks in advance...

AllTheHelpICanGet

Assuming that I am correct and that it is the DCA's responsibility I am thinking of sending something along the lines of:

I write regarding your letter dated xxxxxxxx 2017 and have noted your comments.

However, I would respectfully remind you that as the Collection Agent duly appointed to administer this account it is your responsibility to contact your Client and make the request for a copy of my original credit agreement. I have therefore returned to you my original request and payment in this regard.

Until you can supply me with a copy of my original credit agreement, this account is now 'in dispute' and you will be aware that as such you are forbidden by law from taking any further recovery action until the dispute is resolved to both out satisfaction.

If I do not hear from you within the specified time period I will consider this matter closed and ask that you remove all of my details from your files.

I trust this clarifies things and look forward to hearing from you by return of post.

I look forward to hearing from you.

I'd really appreciate some feedback on this and a check that what I'm saying is accurate prior to me sending my response.

Thanks!

sourcrates

Hi,

Yes you are 100% correct.

If a DCA now holds, or administers your account, it is the duty of said DCA to forward your request to the original client.

However if they are going to be arsy about it, you may as well send it yourself to the OC.

AllTheHelpICanGet

Yes but then that involves having to go back to the post office, buying new postal orders... All rather a pain if it is indeed their responsibility!

StopIt

AllTheHelpICanGet wrote: »

Yes but then that involves having to go back to the post office, buying new postal orders... All rather a pain if it is indeed their responsibility!

For the sake of a few quid, is it worth waiting weeks for the inevitable letter tennis with the DCA?


Just send the CCAs to the original creditor and call the DCA rude names/kick a puppy* to let out the anger at their incompetence.


*Don't kick a puppy.

sourcrates

AllTheHelpICanGet wrote: »

Yes but then that involves having to go back to the post office, buying new postal orders... All rather a pain if it is indeed their responsibility!

The actual phrase in the consumer credit act is a bit vague :

"2B)The duty imposed on the creditor by subsection (1) may be discharged by another person acting on the creditor's behalf".

Debt collectors tend to interpret this in different ways, as it says "may be discharged" as a pose to "must be discharged".

AllTheHelpICanGet

Fair enough; I'm just keen to move forward with this and it's the logistics of getting to the post office that is actually the hardest part (and the principle of course!). Thanks...

National_Debtline

Hi AllTheHelpICanGet

There are different opinions on this issue but in reality it is generally accepted that a debt collection agency (DCA) should be responsible for complying with the CCA request even if they are not the original creditor.

However I would agree with the advice above, you can take the time to argue the point with the DCA but it is likely to be a lot easier to simply get a request sent off to the original creditor. If they haven’t already, you can ask the DCA to put all recovery action on hold until the matter has been resolved. Good luck.

Susie
@natdebtline

Max_and_sasha

Hi

I cca,d westcot who manage 2 off my debts and they returned my post orders and said I had write to the orginal debtor myself, which I did as I don't trust westcot , hope this helps


Max

AllTheHelpICanGet

Max_and_sasha wrote: »

Hi

I cca,d westcot who manage 2 off my debts and they returned my post orders and said I had write to the orginal debtor myself, which I did as I don't trust westcot , hope this helps


Max

It does help - it's also the same DCA we're talking about

January2015

Max_and_sasha wrote: »

Hi

I cca,d westcot who manage 2 off my debts and they returned my post orders and said I had write to the orginal debtor myself, which I did as I don't trust westcot , hope this helps


Max

AllTheHelpICanGet wrote: »

It does help - it's also the same DCA we're talking about

This is standard Wescot practice. They did the same to me

The trick is to send a postal order not made out to anyone. When you write your letter say "I enclose a £1 postal order - reference number......" and then quote all the numbers along the bottom of the postal order. That way either they will cash it, or send it back to you and you can cash it back yourself or send it on to another creditor.

By quoting all the numbers along the bottom of the PO - if one of their employees is dopey enough to cash it, you could prove through the Post Office (eventually:rotfl:) where and who cashed it. If you could be bothered for £1;)