Help DCA Turning Nasty

rayday2

You may remember a month or so ago I said two DCA were chasing me for the debt.

Well I requested a copy of the signed credit agreement and one company returned the cheque and said case closed. The company that I had been paying to cashed my cheque but I heard nothing since.

I received a letter today saying I had missed payment - I never normally do it but I decided to ring them to see what they would say.

They went through the checks and she asked me to check my phone number I told her you don't have it she said she needed it as the account was in arrears I stood my ground no number.

Anyway cutting a long story short she says because I have paid I have admitted liability to the debt and they will take actions. I told her I sent a cheque requesting a signed copy of the credit agreement - she said they don't send them out, I said well you need to contact the original company to supply one she said they don't do that. So what next what can I put in writing?

Originally it was a catalogue debt if that makes a difference and I posted the letter and the £1 cheque cleared on 20 September.

Many thanks!

purpledelly

No advice Rayday but hugs... I also am sure I've read here that effectively most catalogue debts are unenforecable as they don't use signed credit agreements anyway! I suspect they're getting nasty as they know they don't have what you want.
There are a couple of template letters on here for a 2nd letter if they don't respond effectively to your first one after 12+2+30 days... have you got that?

rayday2

No I don't have the second one if you have a link that would be excellent. It pees me off because I was willing to pay but then there were two agencies after me and its going all complicated on us!

Thanks again - hope you have better luck on things.

lunar

Hi i really dont know what to suggest, just wanted to send you a hug. well done on not giving your number, they can be horrible when you stand up to them. hope you get some answers soon

rayday2

Thanks yes she started shouting as soon as I gave my account number, I just told her I wasn't deaf. Just want to sort the situation out rather than this limbo period of whats happening!

lunar

do you think they get paied more the meaner they are!?

immoral_angeluk

They know full well they haven't got the CCA and can't do jack. I would tell them to take a running jump!

purpledelly

Hi Again Rayday

I copied these two letters from another thread which I can't lay my hands on right now. The first is to warn them they may be in default if they don't give the SCA (sent after the 12+2 days expires). The second is to be sent after another 30 days (when they will then be in default).

HTH
I've not got this far with any of mine yet so fingers crossed for us both!!

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

If they still cannot produce a CCA after the 12 +2+30 days then send the following letter:-

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

rayday2

You are an angel thanks!

Feel better now I can do something I will get the letter printed up ready to post next week because I reckon the 6 November is giving them the full time. Thanks again - wish I could help you more no yours