Lets All Ask For Our Cca!

smashedbooboo

This is not about debt avoidance only about who has the legal right to collect these debts. We only want to pay the right people. And the right amount.

edgarjay

hi all, wow interesting reading, i received a letter fro a DCA on saturday morning requesting payment an account held with O2,of around £460 which i know nothin about so presumin i should use the template letters to request my cca?

fermi

edgarjay wrote: »

hi all, wow interesting reading, i received a letter fro a DCA on saturday morning requesting payment an account held with O2,of around £460 which i know nothin about so presumin i should use the template letters to request my cca?

A CCA (Consumer Credit Agreement) covers credit granted to you under the Consumer Credit Act 1974.

A mobile phone bill/contract probably won't be regulated by the Act, so requesting a CCA may not be any use.

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fermi

edgarjay wrote: »

hi all, wow interesting reading, i received a letter fro a DCA on saturday morning requesting payment an account held with O2,of around £460 which i know nothin about so presumin i should use the template letters to request my cca?

I should add, if this is a debt that you genuinely know nothing about then simply send this:

National Debtline letter:

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Account No: 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mr A N Other

Plus have a read of the OFT guidelines on Debt Collection mentioned above:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Probably worth starting your own thread as well.

stapeley

HI, Been on the other site ,CAG , they seem to have aload of legal people on there . They have been very helpful . Nothing recieved today , now only have until Thursday to recieve the CCA from my first request .

mm2000

Most, if not all of my creditors addressess are a PO Box. The woman in my local post office reckons it is impossible to send letters by recorded delivery and expect a signature as there is no one at the other end to sign for the letter is this true?
I have requested a CCA and balance from RMA Resolve for one of my debts several moths ago and received nothing. Do I bother writing to tell them they have committed a criminal offence, or do I just write to Trading Standards.

rog2

dragonstgeorge wrote: »

HI

I have had letter from my DCA stating as they are not the origianl creditor they are not obliged to supply a CCA or a letter of assignemnt - apparently, according to the DCA these are confidential!!!!

Needless to say we have stopped paying them!!

Under the terms of the Consumer Credit Act, 1974 - ANY person who is 'chasing' a 'debt' must supply a true copy of the original signed cca - whether that person is the original lender or not.

rog2

edgarjay wrote: »

hi all, wow interesting reading, i received a letter fro a DCA on saturday morning requesting payment an account held with O2,of around £460 which i know nothin about so presumin i should use the template letters to request my cca?

Fermi is quite correct. Mobile Phone agreements, unless for the purchase of a phone or other equipment, are consumer service accounts and are not, generally, covered by the terms of the Consumer Credit Act, 1974.
If you wish to highlight anominalies, or legalities, in a consumer service agreement, you need to make a Subject Access Request, as allowed under the Data Protection Act. There is a statutory fee, of £10, for this, but the creditor must supply you with a copy of everything he holds on file about you and your account, including transcripts of recorded telephone conversations.
This will allow you to identify any 'problem areas' in your account, and deal with them accordingly.