CCA request & fee applied to disputed account

davek1

Hi Guys

I have requested a CCA from Link financial re a debt they have purchased from Abbey. Its psrtly for an O/D so i know there are issues around whether or not the CCA covers O/D's. They have responded saying they are asking Abbey for the info and this amy take 30 days. happy to deal with that issue as they hace 12 + 2 then 30 (i think) if not in that time limit they have to go to court to prove. feel free to put me right if i'm on the wrong tack here.

however the next para is the interesting one "No administration charges have been applied to your account at this time therefore the payment made with your request has been applied to reduce the outstanding debt. However any costs incurred by Link for the provision of any statements by the vendor we will pass these charges on"

am i right in saying they can't appply the £1 fee to the account as effectively the account is in dispute and by them applying this money this will assist them in saying i have accepted the debt when my original letter clearly said "I do not acknowledge any debt to your company"

Any suggestions of a letter template to tell them to remove the fee from the account and to clarify that it is only for the CCa fee and not for payment to the account.

As usual all help appreciated guys.

Dave

Tiglet

Hi Dave,

This seems to be a standard trick, which is why it's important to keep copies of all letters. As you said, if you don't acknowledge any debt, then you clearly didn't intent your £1 to be used to reduce the account balance.

I don't know whether there's a template letter to do this - I think the usual approach is simply to send the request and then not contact them again unless they reply. You've already placed the account in dispute, and it will stay that way until (unless) they send a proper CCA.

If you used a template letter to request the CCA in the first place, that should say that the £1 is to pay the fee specified in the Consumer Credit Act, so there should be no argument about that in any case.

davek1

bump help anyone???

RAS

And another

noely1

I have been paying a DCA for 18 months. I have since stopped the direct debit and sent a cca. Is it too late? Since I have acknowledeged the debt by paying is sending a cca pointless and I should just start paying again. What is the law with regards this?


Also any more info. on cca and overdrafts?

RAS

noely

If you were claiming the debt was statute barred, then paying might screw things up. But you are entitled to ask for a CCa any time.

Really, you would be wise to ask for one any time you are asked to pay money by a DCA.