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

kenyashilling

Thank you for your help everyone i am sorting out replies to them and to Amex and will fax and send recorded delivery in the morning.

I am also re faxing and sending the original letter requesting the CCA as well for good measure

Has anyone ever had a door step caller from Newman and how would you deal with them

compulsivespender79

kenyashilling wrote: »

Has anyone ever had a door step caller from Newman and how would you deal with them

I'm sure I read somewhere on here that DCA's aren't allowed to send representatives round without your prior agreement. If they do turn up they have as many rights to enter you home as a paperboy. Tell them politely that you know your rights!

moonlightpjs

Dear sirs
Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date), I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.

I look forward to hearing from you.

Yours faithfully

BAILIFFCHASER

I suggest that you wait for the 40 days and if you get no reply.Write to your local magistrates court and complain and ask them to issue a criminal summons against the company concerned.