Lets All Ask For Our Cca!

stapeley

stebiz, could you explan what measures you went to ?

rog2

stapeley wrote: »

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 !

That could well be the case, stapeley. A 'debt' is considered as a sellable commodity, and its value will depend on the 'likelihood' of its collectability - hence a reasonably recent debt, fully documented, could fetch as much as 60+% of its face value. Old debts, for example where the original creditor has received no payment, nor written acknowledgement, from the 'debtor' for a period of six years or more, have very little 'value' since they would be considered to be 'statute barred' and, therefore unenforceable through the courts (once debtor has told the dca he will not be paying). This type of debt would attract the lowest level of 'debt collection agency' as they are, in effect, buying a 'risk', and relying heavily upon the 'debtor's' ignorance of his rights in law. The same argument could be used for 'debts' which have not been properly documented by the original creditor.
In both cases, in order to legally enforce the debt, the dca would need to either provide proof of acknowledgement/payment or to provide the necessary documentation, as required by Law.
Unfortunately, the vast majority of 'debtors' are blissfully ignorant of their rights under the Law and the 'pondlife' that makes up this particular sector of the debt collection mafia use that fact to 'cream off' an absolute fortune from the misfortune of ordinary people.
It's literally 'money for old rope'.
In the few cases where they come up against someone who is prepared to use the Law to ensure that these parasites do not get away with their often criminal actions, they tend, as with the playground bullies at school, to 'revert to type' and resort to threats and intimidation in order to 'wear down' their victims.

sjk100

Could anybody please tell me where I get the template letters etc requesting copy of Credit Agreement as I am new to this site and have failed to find it/them!!!

Sorry if it is really obvious!!!

debrag

Do I ask for the CCA, a statement of payments made and what is still owed in the same letter?

Where do I add 'I do not acknowledge any debt to you, your company, or to any organisation that you, or your company, claims to represent.'? At the beginning of the letter after the ref account number?

rog2

sjk100 wrote: »

Could anybody please tell me where I get the template letters etc requesting copy of Credit Agreement as I am new to this site and have failed to find it/them!!!

Sorry if it is really obvious!!!

It is posted on page 2 of this thread, but it won't do any harm to post it again:

http://forums.moneysavingexpert.com/showthread.html?p=7509395#post7509395

Don't forget to preface your letter with the words:

"I do NOT acknowledge any debt to your Comany, or to any organisation that you claim to represent."

Good luck

stapeley

There are links on this post just trawl back to find them . Nothing in post again to day ! 9 days to go ! good luck

rog2

debrag wrote: »

Do I ask for the CCA, a statement of payments made and what is still owed in the same letter?

You can, but I would, first, be inclined to wait to see if they can, first, supply the cca.

Where do I add 'I do not acknowledge any debt to you, your company, or to any organisation that you, or your company, claims to represent.'? At the beginning of the letter after the ref account number?

Insert it after 'Dear Sirs'

debrag

thank you I will get the letter off today.

stapeley

HELLO ,
It seems that if a DCA produre correct paperwork after the time scale , a debt can still be enforced ! My arguement is that if they have committed an offence under the CC Act surely they are not fit to conduct there business ! Should the office of fair trading not step in?
Secondly, why do the OC not proceed to court for the debt ? Is it that they realise that if they lose a case ,for example ,for not having a correctly signed agreement , they would be opening the flood gates ?
I,ve said before that when contacted the OC have said they are "no longer dealing with the account" Therefore they should pass on any and all details and signed agremment to the DCA they have sold the account on cheaply to . I realise this maybe a long road ,but requesting the CCA and deeds of assignment will at least ensure I,m dealing with the correct people .

rog2

stapeley wrote: »

It seems that if a DCA produre correct paperwork after the time scale , a debt can still be enforced !

If the dca produces the correct paperwork after the legally allowed time scale has expired, they would have to obtain a Court Order in order for them to enforce the agreement.
Given that they had failed to produce the paperwork within the legally allowed time scale, then a Court, once it has been informed of that fact, is unlikely to grant such an order.