Lets All Ask For Our Cca!

rog2

Tootsie_Roll wrote: »

By that measure all collection activity would have to stop every time someone raised the smallest dispute - just a ridiculous notion to even contemplate.

NOT that ridiculous at all, T Roll, unless of course it is an indisputable fact that all 'alleged debtors' are liars and cheats, as you seem to think.

'Contemplation' is good for everyone, whatever the 'notion'.

From a lenders perspective debtors are always trying to muddy the waters with anything they think may hold up proceedings - this would be just another one of those tactics and without doubt would fail if it ever went to court and was used as a defence (although practically this would never happen because the CCA would have to be produced before the court date anyway).

This forum is, primarily, concerned with looking at 'debt' from a 'debtor's perspective' - NOT from a Lender's perspective, as you do. It is an all too common experience, on this board that the 'Creditor/Lender', often through the use of unprofessional debt collection agencies, will do 'anything that they think will 'speed up' proceedings, including trying to ignore the terms of the Consumer Credit Act, 1974.

In addition where is the 'dispute' just because you are requesting a copy of the agreement ?

I would dispute the 'right' of any of your colleagues in the 'Debt Collection Industry' from chasing any 'alleged debt' without providing full details of that 'alleged debt', including the provision of a true copy of the original signed cca, deeds of assignment, and up to date statement of the account.

That, T Roll, is my legal right. What is your problem with that?

You may just have lost it. The only time this 'dispute' would work is if you genuinely don't believe the debt is yours.

An 'alleged debtor' has an indisputable right to ask for a copy of the original signed consumer credit agreement, and a 'Creditor' or DCA has a LEGAL obligation to provide that document within a specified time frame. This, T Roll, is the LAW and even you can not ignore it.

If, in their haste to draw a 'debtor' into an 'agreement', the 'Creditor' has not complied with the requirements of the Consumer Credit Act by initially providing a full and acceptable consumer credit agreement, then that 'Creditor/DCA' deserves to face the full force of the Law.

In fact that is the only circumstance where this letter is appropriate anyway - for anything else it is just another attempt at debt avoidance and definately should not be condoned by a site like this.

Yet again, T Roll, you have totally mis-interpreted the situation and you appear to be 'twisting' my words. However, if you look at my initial reply, you will see that I stated:

'If a creditor or debt collector does supply a true copy of the original consumer credit agreement, deed of assignment and full statement of the account within the legally allowed time frame, and that the said documentation proves, to the satisfaction of all concerned, that the 'alleged debt' is indeed genuine, then, of course the debtor should try to reach an agreement with the original creditor/dca to repay the debt in a manner that the debtor can afford.'

THAT IS NOT AN ADVOCATION OF 'DEBT AVOIDANCE'

T Roll - this site is about 'Dealing with Debt' - As a site it does not condone the avoidance of legally enforceable debt.

As an Individual Poster I 'espouse' wholeheartedly the true 'values' of this forum.

I HAVE NEVER ADVOCATED THE DELIBERATE AVOIDANCE OF DEBT - HOWEVER I OPENLY DESPISE UNDERHANDED METHODS OF 'DEBT COLLECTION' INCLUDING THE FLAGRANT ABUSE OF THE OFFICE OF FAIR TRADING GUIDELINES ON DEBT COLLECTION AND THE FREQUENT ATTEMPTS TO MIS-LEAD DEBTORS AS TO THEIR RIGHTS UNDER LAW.

Whenever any genuine poster reports this type of behaviour at the hands of 'your chosen profession' I will always point them towards the relative sources of information that could help them in trying to resolve their problems.

This is 'trying to helping someone' - if you have a problem with that, I suggest that you are 'posting' on the wrong forum.


Note to potential 'moderators' - I have chosen my words, very carefully, in order that they can not be interpreted as 'abusive'.

artnoble

could someone point me to the template so send when requesting for a cca.

rog2

artnoble wrote: »

could someone point me to the template so send when requesting for a cca.

With pleasure, artnoble: http://forums.moneysavingexpert.com/showthread.html?p=7509395#post7509395

I would reccomend that you preface the letter with:

'I do not acknowledge any debt to you, your company, or to any organisation that you, or your company, claims to represent.'

artnoble

rog2 wrote: »

With pleasure, artnoble: http://forums.moneysavingexpert.com/showthread.html?p=7509395#post7509395

I would reccomend that you preface the letter with:

'I do not acknowledge any debt to you, your company, or to any organisation that you, or your company, claims to represent.'

thanks rog,

I have already been paying th DCA for a while, would you recomend putting this line in even theough i have been giving them money.

Also as soon as i ask for the cca, is the amount now in dispute.

rog2

artnoble wrote: »

thanks rog,

I have already been paying th DCA for a while, would you recomend putting this line in even theough i have been giving them money.

Yes - definitely.

Also as soon as i ask for the cca, is the amount now in dispute.

If you are asking for the cca because you dispute, or are unsure of, the original debt, or the dca's legal right to pursue you for that 'debt', yes, you are putting the 'debt' into dispute.

If they are unable to supply the true signed copy of the original cca, plus the deed of assignment, then you will be able to demand that they repay you any monies that you have paid to them.

artnoble

rog2 wrote: »

If you are asking for the cca because you dispute, or are unsure of, the original debt, or the dca's legal right to pursue you for that 'debt', yes, you are putting the 'debt' into dispute.

If they are unable to supply the true signed copy of the original cca, plus the deed of assignment, then you will be able to demand that they repay you any monies that you have paid to them.

thank you.

I do aknowledge I had the debt with natwest however after reading the forums i can see i should've asked proof from the dca that they now have the debt.

I just started giving them money.

I will try this out and will let you know how i get on.

purpledelly

Hi Artnoble,
If it helps you - we're in a similar position but further down the line.... we also acknowledge original debts to a couple of places, but have become frustrated with DCAs who have confused things to a point where we don't genuinely know how much we supposedly owe them and for what. We are in dispute over 5 'debts' (4 with the same DCA). We originally asked nicely for our CCA and a statement of payments made and what was still owed. They have not been able to provide anything at all as yet - and have admitted they don't have one. Because they are now ignoring our final requests for refund of payments made etc etc as in the template letters, we've now reported them to the OFT and Trading Standards. We're awaiting the outcome.

So it IS worth doing as otherwise we were getting worried we would just be paying them forever and never know when we'd 'paid them off'. It's not on that they should be illegally collecting money. If they come up with the goods then we'd happily begin negotiating payments again with them, but not until they give us proper paperwork.
HTH - go for it I'd say.

artnoble

purpledelly wrote: »

Hi Artnoble,
If it helps you - we're in a similar position but further down the line.... we also acknowledge original debts to a couple of places, but have become frustrated with DCAs who have confused things to a point where we don't genuinely know how much we supposedly owe them and for what. We are in dispute over 5 'debts' (4 with the same DCA). We originally asked nicely for our CCA and a statement of payments made and what was still owed. They have not been able to provide anything at all as yet - and have admitted they don't have one. Because they are now ignoring our final requests for refund of payments made etc etc as in the template letters, we've now reported them to the OFT and Trading Standards. We're awaiting the outcome.

So it IS worth doing as otherwise we were getting worried we would just be paying them forever and never know when we'd 'paid them off'. It's not on that they should be illegally collecting money. If they come up with the goods then we'd happily begin negotiating payments again with them, but not until they give us proper paperwork.
HTH - go for it I'd say.

Thats reall good help. to be fair the one I'm with are ok to deal with I tell them how much I can afford and then they ask for a review every 6 months and I just say I'm still in the same sitution.

Never thought for a minute to ask for the cca, the debts been with them for about 3 years so lets see how we go from here.

I'll keep you posted, and let me know how you get on.

stapeley

Thankyou for your comments , have a GOOD NEW YEAR.

kencokenco

Hi can anyone direct me to the right forum or posts to request a copy of cca. As I have a debt with a dca who even though I pay them keep putting charges onto the aco!!!!, the original debt was £430 and now despite paying £10 weekly it is now £805.78 HOW COME? I asked for a breakdown of how they came to the decision to which I was told put it in writing. Needless to say the dca is called MOORCROFT. They are pure evil. Even sending round there own doorstep collector who I promptly told to F***OFF. He was banging the door like mad scaring my children, as a single mother I was so annoyed I told him to go away or I would phone the police. To which he shoved a note through the door saying when I wanted to discuss payment phone him. the nerve of it.
Please any help or guidance please.