Lets All Ask For Our Cca!

dragonstgeorge

HI All,

I have been following this thread with a lot of interest and agree with most of everything that has been said previously.

It is our legal right to ask for the CCA to confirm the debt is ours - not debt avoidance - if the DCA were working within the law regarding debt collections they would only purchase debt with a CCA so they know its collectable - sounds like a good business plan! However, as we know DCA's do NOT work within the law so therefore they should expect people to request the CCA's and then comply with the law if it is not available. (Wishful thinking I know!)

Just to let you know my situation as well - I paid over £6k to a DCA in Jan 07 as they threatened me with a statutory Demand - I did not know my rights and panicked into paying this to prevent this going to court. However, I have since found out more from this site and am now doubting if the debt was genuine as I was paying another DCA for what I think is the same debt! So I requested a copy of my CCA from the DCA I paid but they were unable to supply this (no surprise there) and have now requested the money to be refunded, I have sent a copy of Wellers letter to them - no response - sent another copy demanding payment and also including the case ref number from where I have reported the DCA to the Office of Fair Trading. I have also filed a complaint with Trading Standards.

I will let you know how this progresses as I can see puprle(?) is in a similar position too.......

If any one has any other ideas on how to recover paid to the DCA I would welcome any suggestions!

Good luck to you all and remember it is only money and there are MANY more things in life more important that this!

rog2

dragonstgeorge wrote: »

If any one has any other ideas on how to recover paid to the DCA I would welcome any suggestions!

Well done dsg - and I wish you well in trying to get back the money that you were 'co-erced' into paying. You could try claiming through the 'small claims' division of the County Court. DCA's are NOT allowed to carry on their 'business' if they have unpaid Court Judgements against them.

Good Luck.

stapeley

Good Morning , How many people have paid DCA,s without the CC Agreement and deeds of Assignment . I,ve request from 3 companies now , only recieved one , so called deed of assignment , and that looks dodgy . Got 13 days till deadline on one of them . besh wishes everyone !

rog2

stapeley wrote: »

Good Morning , How many people have paid DCA,s without the CC Agreement and deeds of Assignment . I,ve request from 3 companies now , only recieved one , so called deed of assignment , and that looks dodgy . Got 13 days till deadline on one of them . besh wishes everyone !

If the DCA has provided a 'Deed of assignment' that, in itself, is not sufficient to enforce the agreement.

stapeley

Yes I realise that , it is the same company , on one account they sent a letter from the OC say that they had purchased the account . That was recieved within 4 days . But nothing on the first one i requested .

rog2

stapeley wrote: »

Yes I realise that , it is the same company , on one account they sent a letter from the OC say that they had purchased the account . That was recieved within 4 days . But nothing on the first one i requested .

Are you receiving letters from 3 different dca's (appreciating that they may well be one and the same company) for the same 'alleged debt'?
If so, then that, in itself, is contradictory to the OFT Debt Collection Guidelines, which state that it is considered to be 'unfair practice' to use more than one dca, at the same time, to pursue the same debt. That alone would be sufficent reason to report them to the Trading Standards Office.

stapeley

No , sorry . I,m being hassled on three debts . Two from same DCA , one from another . I would say that the people at the third company have been very understanding and helpful. The other lot have rung me at all times and been quite aggressive . Even had the bad guy good guy routine ! This was all before i knew about CCA,S and deeds of ASSIGNMENT .

smashedbooboo

Make sure if they do send you a copy of your CCA that its not just an application form. That does not count and they do seem to try and get away with that little nugget. And a screen print from one DCA thought that would suffice. Er now let me think about this. Nope not right. Not the CCA. Try again. Muppets.

stapeley

Afternoon , could it be the orginal company could not find a true and correctly applied CC AGREEMENT, therefore considered it unenforceable. They therefore sold it on cheaply to a DCA . In which case the DCA can not enforce it !

stebiz

smashedbooboo wrote: »

Make sure if they do send you a copy of your CCA that its not just an application form. That does not count and they do seem to try and get away with that little nugget. And a screen print from one DCA thought that would suffice. Er now let me think about this. Nope not right. Not the CCA. Try again. Muppets.

And don't sign your letter or send a cheque with a signature on it. It is surprising (or maybe not) what some of these low life debt collecting agencies can create with photoshop these days.;)

Stebiz