DCA admit no signed credit agreement

GeorgeUK

Rayday, not sure exactly what letter you sent to the DCA's, but in this post, weller tells how they also got back the money already paid to the DCA after they couldn't produce a valid CCA.

http://forums.moneysavingexpert.com/showthread.html?t=578486

I would post the letter asking for a copy of the CCA to this new company and make sure it states I do not acknowledge any debt to your company or your clients

rayday2

What I was thinking of doing is, the last letter I got from DCA (Intrum Justitia) said they were referring back to Great Universal and I would not hear from them again. Yet the solicitor letter says they have been instructed by Intrum Justitia. This letter from the DCA actually had a womans name on it so i was thinking of writing to her and complaining that none of her points had been followed in her letter, I have not recieved my cheque for a £1 back and now they have instructed solicitors and that I will now follow the complaint further - does this not sound like a good idea?

fiveyearplan

Sorry to hijack this thread but my husband has a payment arrangement with MBNA (£10,000 credit card debt) and I want him to send the letter asking for signed CCA but if they can produce it can he be made to pay the whole debt at once or will his agreement still stand?

AGB863

Another point that you can complain about is this

Chasing for payment whilst a dispute is raised
These sections are taken from the Debt Collection Guidance as laid down by the Office of Fair Trading

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

h. ignoring and /or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

rayday2

Hmm thanks for that think I will wait a day and read up on it from OFT but I will make them listen, one department can't say its over never contact us again we will refer back to original and then another department set solicitors on to it. More I look at the letter I think it is just a frightener as they stress not to contact the solicitors but the DCA, so yes it is a solicitor letter but they want you to deal with DCA its like halfway house.

Tootsie_Roll

Big sigh !!

As always all the usual suspects crawl out of the woodwork claiming to know everything - my only surprise is that rog2 hasn't joined in yet.

Just look at my post before trying (and failing) to discredit me, all I have done is shared an experience that comes directly from one of the biggest catalogue companies and advised the OP to take further advice from someone who knows what they are talking about - not some group of armchair experts.

Really quite sad.

fermi

rayday2 wrote: »

Hmm thanks for that think I will wait a day and read up on it from OFT but I will make them listen, one department can't say its over never contact us again we will refer back to original and then another department set solicitors on to it. More I look at the letter I think it is just a frightener as they stress not to contact the solicitors but the DCA, so yes it is a solicitor letter but they want you to deal with DCA its like halfway house.

Yep. Sounds like a last ditch attempt to scare you.

The law is clear. Lack of a properly executed agreement is a complete defence to any action they or the original creditor can take. National Debtline know their stuff (unlike foolish trolls) and will be able to confirm.

This was the link I posted earlier I think.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=32_catalogue_debts

rog2

fermi wrote: »

and the click on the thanks button was accidental:rotfl::rotfl::rotfl::rotfl:

As, most likely, were the other 206. :rotfl: :rotfl:

I felt no need to enter into this discussion as I concur, wholeheartedly, with the excellent and factual advice given by fermi, RAS, AGB863, GeorgeUK, nottoolate and Keren29.

The only two points that I would like make are:

1. Once Rayday had requested the true copy of the original signed cca, she, effectively, put the debt into dispute. It is against the OFT Debt Collection Guidelines, as highlighted by AGB863, for a Debt Collection Agency to continue to pursue an 'alleged debt' when it is in dispute. This, in itself, would merit them being reported to the Trading Standards Office and the FSA.

2. Sometimes, and as part of their vast armoury of 'scare tactics', DCA's send out what look like Solicitors' letters, yet these are often only, in effect, 'Template Letters' which are either part of the DCA's own internal software, or can be 'downloaded' from the internet for a few pence. It is, in my opinion, worth checking out the actual authenticity of the 'Solicitors' in question.

Rayday - the vast majority of the advice that you have been given, on this thread - with one notable exception, is excellent. You would be advised to pm Weller, as she is truly an expert in the field of cca's, with particular reference to 'catalogue' debts.

Good luck

GeorgeUK

Doh!! - did a response to this and forgot to hit submit :rolleyes:
Anyway - here it is.

Rayday, can you tell us when the letters were sent so we can see if they have yet made a CRIMINAL offence?

If you want to read the entire Consumer credit act 1974 - http://www.statutelaw.gov.uk/LegResults.aspx?LegType=All+Primary&PageNumber=53&NavFrom=2&activeTextDocId=436428 (I don't :laugh:)
Section 78 http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=53&NavFrom=2&parentActiveTextDocId=436428&ActiveTextDocId=436525&filesize=5756 parts 1 & 6 seem to be key here. You have paid your £1 as required but they are still trying to enforce the agreement.

If the timeline is appropriate, i would suggest contacting the OFT. IJ & Irwin both seem to be in breach of the act for trying to enforce the alleged agreement.

Tootsie_Roll

rog2 wrote: »

As, most likely, were the other 206. :rotfl: :rotfl:

I felt no need to enter into this discussion as I concur, wholeheartedly, with the excellent and factual advice given by fermi, RAS, AGB863, GeorgeUK, nottoolate and Keren29.

The only two points that I would like make are:

1. Once Rayday had requested the true copy of the original signed cca, she, effectively, put the debt into dispute. It is against the OFT Debt Collection Guidelines, as highlighted by AGB863, for a Debt Collection Agency to continue to pursue an 'alleged debt' when it is in dispute. This, in itself, would merit them being reported to the Trading Standards Office and the FSA.

2. Sometimes, and as part of their vast armoury of 'scare tactics', DCA's send out what look like Solicitors' letters, yet these are often only, in effect, 'Template Letters' which are either part of the DCA's own internal software, or can be 'downloaded' from the internet for a few pence. It is, in my opinion, worth checking out the actual authenticity of the 'Solicitors' in question.

Rayday - the vast majority of the advice that you have been given, on this thread - with one notable exception, is excellent. You would be advised to pm Weller, as she is truly an expert in the field of cca's, with particular reference to 'catalogue' debts.

Good luck

True to form - here you are:rotfl: