HELP - CCA advice please

Halifax_sux

question:
does all this stuff regarding copies of the original argeement still apply after a debt has been to Court; Judgement passed and payments made under that Court order for a number of years?
to the best of my recollection, the original agreement was not produced in Court. however, the case was a few years ago ...

Halifax_sux

actually, just thought of a second question:
is it better to ask the people that are currently chasing you, e.g. the dca, for a copy of the original agreement or the people you had the original (disputed) debt with?
the reason i ask is that i've written to a certain "original" credit card company at least 5 or 6 times over the years but i've never had anything back from them. i can't imagine them even reading a letter within 12+2+30 days, let alone reply to it.

fiveyearplan

Did you write the above letter to them? If so then that time has already elapsed. IF not you would now write to the DCA.

fiveyearplan

My 12+2 days are up tomorrow and I'm going to hold fire on MBNA and not send them anything for the moment.

My 12+2 days are also up for Cahoot. They sent my £1.00 postal order back with a form saying they do not charge for that information. Okay they don't charge for it but they didn't send it either - all we got was the letter and postal order. A couple of days later we got a letter from a DCA. Apparently Cahoot have sold the debt on. Do I start over sending the DCA the first letter or is the 30 days still ticking?

ps IMO this is a good thing because I really thought they would be able to produce a CCA but if they have sold the debt on after receiving our letter maybe they don't have one.

tigerfeet2006

I would send the CCA letter to the new DCA because as you know they won't have the required documents . Very sneaky of Cahoot though.

If you can bear it I would wait untill the 30 days are up then send the bogoff letter to MBNA.

Halifax_sux

fiveyearplan wrote: »

Did you write the above letter to them?

no, i wrote to them years ago. so long ago that i don't even remember what any of the letters were about - although they were obviously regarding the "debt".

do you still think i should send to one of the current agents?

btw, i've had two heavy agencies chasing me within the last two months. one of them lowell ... the other is even worse!

fiveyearplan

Do I need to start the whole process again with the DCA? ie send the first letter .

tigerfeet2006

fiveyearplan wrote: »

Do I need to start the whole process again with the DCA? ie send the first letter .

Yup! afraid so! Then when that DCA sells it on then you start again :rolleyes: untill it becomes SB and drops off your record and then you start with the SB letters. That's worst case scenario it may just stop after this DCA.

tigerfeet2006

Halifax_sux wrote: »

no, i wrote to them years ago. so long ago that i don't even remember what any of the letters were about - although they were obviously regarding the "debt".

do you still think i should send to one of the current agents?

btw, i've had two heavy agencies chasing me within the last two months. one of them lowell ... the other is even worse!

You need to send it to the DCA that is chasing you. You shouldn't have 2 agencies chasing yu for the same debt at the same time that is breaking the law.

There is a lot of info on CCA's on the Debt Free Wannabee board it may be worth posting there.

rog2

fiveyearplan wrote: »

Do I need to start the whole process again with the DCA? ie send the first letter .

It is probably est to do so, fyp. However, Cahoot should NOT have 'sold' the alleged debt, or moved it on to a dca, whilst it was in dispute.

You should write to the dca, stating that the 'debt' to which they refer is in dispute with the original creditr and remind them that it is against the OFT Debt Collection Guidelines - S2.8k - to pursue a 'debt' which is currently in dispute.

The guidelines can be seen here: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Always start any letter to a dca with the words:

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

In my opinion, the original time, since you requested the cca, is still 'ticking'. The fact that the original creditor has passed this on to a dca should make no difference whatsoever.

Do you have the template letters? There is one that you can send after the 12+2 days and a further letter when the additional 30 days have elapsed.