Newman DCA did not send CCA but application - more advice needed

kenyashilling

Hi all

I have been following the advice on here and have sent the obligatroy £1 fee to the DCA companies i am dealing with.

DCA Newman have replied with a copy of the application and say they do not have the CCA as they have not bought the debt.

After a week of no calls the calls have started again and they are texting my mobile as well.

Should i answer them or carry on paying the original debtor what little i can

BAILIFFCHASER

Complain to the local magistrates court that you have not had a reply from newmans and they have taken your money. Ask them to issue a criminal summons. Once they have done this then sit back and watch. Newmans will phone you up and either apologise or will completly forget your case and you will not hear a peep out of them.

bathgatebuyer

Report them to Trading Standards. I've had to do this with the Halifax, Sainsburys and RBoS for their failure to provide me with the CCA I requested.

BAILIFFCHASER

bathgatebuyer wrote: »

Report them to Trading Standards. I've had to do this with the Halifax, Sainsburys and RBoS for their failure to provide me with the CCA I requested.

Report them to the magistrates court.

kenyashilling

i have not paid them anything directly. i was just paying the original creditor. Newman's letter says they have not bought the debt but to ring them to arrange payment. they have added £800+ to the outstanding amount.

I just want them to stop writing to me and calling me on the phone and texting me.

Leixlip1

It's up to them to supply the CCA whether or not they are the original creditor..............

kenyashilling

Received another letter today from Newman - sorry not good at scanning but
it says

"Debtors usually fall into two categories, those that CAN'T PAY and those who WON'T PAY.

Due to the lack of information from yourself we can only assume the latter and will advise our client accordingly.

YOU HAVE 48 HOURS TO RESPOND AND AVOID ANY FURTHER ACTION.

Please note this matter could be passed to a field agent who will call at your home personally requesting payment. To avoid telephone us today."

Any advice appreciated.

oscar52

Im no legal expert, but that soounds very close to libel, and is certainly intimidation

kenyashilling

I am so annoyed with the way they are treating this but not surprised after reading the forum threads

setmefree

send them this recorded delivery, and never sign your letters always print


Client Ref No
Your Ref. No.
Dear Sir/Madam

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

I would point out that I have no knowledge of any such debt being owed to (insert name here).

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

I 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.

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

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

I look forward to your reply.

Yours faithfully

setmefree

or if you really want to upset them send them this

Account In Dispute
Letter Before Action
Your Ref
Dear Sir/Madam,
I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.
As xxxxxx xxxxxxxhave failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on xxxxxxand xxxxxxxrespectively.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore as at xxxxxxxxthis account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

If xxxxxxxxx chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

It is also my belief that your continued pursuance of this matter also constitutes an
offence under Section 40 of the Administration of Justice Act 1970.

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.
I also require a copy of your internal complaints procedure as further action may be necessary.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfully