DCA CCA not returned what next?

rog2

hbslc wrote: »

Watch this space!

I will be watching with interest, hbslc. As far as I can see - if a bank offers an overdraft as an 'incentive' to get your business, they are, effectively, offering you a credit facility. If it has 'fixed' credit limits and stated apr (even if variable) then it should come under the umbrella of the Consumer Credit Act.

hbslc

I've misplaced my cheque book, can I send the 1st cca request letter without one. Capital One this time. perhaps sending a postal order or a £1 coin?

rog2

hbslc wrote: »

I've misplaced my cheque book, can I send the 1st cca request letter without one. Capital One this time. perhaps sending a postal order or a £1 coin?

It is probably better to send a Postal Order, than a cheque, anyway - as an unscrupulous debt collector/creditor could use the details on your cheque to his advantage.

hbslc

Excellent. Thanks rog2 - i think i want to have your babies. I'll let you know re: smile.

hbslc

Ok. I'm currently drafting my letter based on the final letter in Wellers post. I want to include the following paragraph:

"I understand that overdrafts are partially regulated by the consumer credit agreement. Therefore, I conclude that this account is unenforceable at law, especially as an overdraft was an integral part of the initial conditions of the bank account."

I also want to mention that notification of assignment of the account to the DCA was not recieved until 8th Jan 2008. 4 months+ after my intial letter requesting the original agreement.

Any comments?

rog2

hbslc wrote: »

Ok. I'm currently drafting my letter based on the final letter in Wellers post. I want to include the following paragraph:

"I understand that overdrafts are partially regulated by the consumer credit agreement. Therefore, I conclude that this account is unenforceable at law, especially as an overdraft was an integral part of the initial conditions of the bank account."

I also want to mention that notification of assignment of the account to the DCA was not recieved until 8th Jan 2008. 4 months+ after my intial letter requesting the original agreement.

Any comments?

I'm going to have to 'think' on that one, hbslc. Perhaps it might be worth your while pming weller, as, personally, I don't think I would like to go into that sort of detail in your letter. :think: :think:

I'm going out now, but will 'mull it over' and post later.

rayday2

My gut instinct would be to leave that last paragraph out. I am no expert here only requested two CCA.

I am just thinking common sense sort of, not everyone in departments knows what we expect them too. So if Johnny Smith opened that letter and saw that paragraph he may not know about it being "partial" but that bit of a get out may enpower him to go find out rather than think its a hopeless case chasing.

But like I said its just whenever I complain I never give companies anything to cease on and the word "partial" or any words like it takes it from black and white - and quite frankly they should do the research and legwork themselves and not be accidentally helped!

rog2

hbslc wrote: »

Ok. I'm currently drafting my letter based on the final letter in Wellers post. Any comments?

Hi hbslc - I've had a think about your letter and I believe, at this stage, it would be best just to send weller's final letter.
As Rayday says - it is probably best not to give them anything to 'sieze' on. If you include the paragraph on the 'overdrafts being partially covered by the CCA, you would, in effect, be opening the door to further communication - even possibly inferring some 'doubt' as to whether the 'debt' is in fact covered by the CCA.
Likewise for the date that the 'deed of assignment' was received.
BOTH of these points are totally valid, but, in my opinion, best kept to be used in any possible defence, should they decide to try to take you to court.
My opinion, anyway.

noely1

HI GUYS

I have been reading this thread tonight with great interest as I am in a similar spot. I had a student overdraft of £3000 to Barclays. It was £200 over this when I graduated and they closed it down. A few years later Thames Credit contacted me and I have paid a direct debit ever since and have paid off about £1000.
They have never given me evidence of a credit agreement or legal assignment.


A few points

1. Can I send a CCA letter? This being a student overdraft?

The thing is I switched accounts from RBS to Barclays as they offered student's bigger overdraft facility. This seems integral. However the CCA template seems to cover only fixed sums loans.?!

2. As I have been paying them for two years is this acknowledgement and means I cant do anything even though they have never shown proof.


3. If they never prove assignment or cca how can I get them to remove or show settled the deafult on my Credit File.

4. Their letter states:

Re:Agreement Number:51xxx7xxx68778 etc Barclays Bank plc

"We have bought the interest off Barclays"

Does this mean their was an agreement or is this just a reference number.


Basically as this is an overdraft and is not statut barred am I destined to have to pay all this off.


Thanks guys.

rog2

Hi noely - First of all, a statement that they have 'bought the interest off of Barclays' is not a deed of assignment. They may, indeed, have purchased the 'debt', but most likely for a fraction of its original 'value'.
The 'Consumer Credit Act' does not, normally, cover overdrafts, but, in light of the information supplied by George, it may well be worth sending Thames a cca letter.
However I wouldn't hold my breath - you are probably better off seeking advice from National Debtline, or one of the other debt charities - CAB, CCCS or CAP - on the options that are more readily available, such as 'token payments' or 'full and final settlement' offers.
I'm sorry to sound negative - and it may well be that your 'debt' is covered by the CCA - but you don't appear to be disputing the original 'debt', so all I can say is 'give it a try'.