DCA - What do I do next :-S

artnoble

Ok.

Sent off my cca request, not sure of the date but I have this info at work.

My £1.00 was cashed and I have received a letter today from the DCA saying they have rejected my proposal for payment.

I havent sent a proposal just the template letter requesting for the cca.

How do I procede from here?

rayday2

Sounds like they have just taken the £1 as a payment rather than a request. I would resend the letter again recorded delivery and point out they already received the letter and cashed the payment and now you want the CCA.

RAS

This is a fairly standard antic.

Do not worry. You sent the letter, they have 12+2 days to comply before they default.

Expect another couple of attempt to push you before they give up.

There is a weller letter on here for this situation that points the situation out. but I have to go to a meeting write now.

artnoble

RAS wrote: »

This is a fairly standard antic.

Do not worry. You sent the letter, they have 12+2 days to comply before they default.

Expect another couple of attempt to push you before they give up.

There is a weller letter on here for this situation that points the situation out. but I have to go to a meeting write now.

cheers. Do you think I should I just wait until the 12 + 2 days has passed and go from there.

fermi

artnoble wrote: »

Do you think I should I just wait until the 12 + 2 days has passed and go from there.

Yep. You've made the CCA request correctly, and it's up to them to respond in the correct way within the time limits laid down in the CCA74.

If they want to default on the request, that is their problem.

artnoble

fermi wrote: »

Yep. You've made the CCA request correctly, and it's up to them to respond in the correct way within the time limits laid down in the CCA74.

If they want to default on the request, that is their problem.

nice one !!!

what do i send after that?

fermi

weller74/RAS have a nice letter somewhere to send at that point, or you may want to wait for the extra 30 days to expire.

fermi

Here is weller's letter:

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and will commit a criminal offence on **MONTH DATE** is the requested document is not supplied.

You therefore have until **30 days date** to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

If you wait until the extra 30 days are up you can amend that accordingly.

artnoble

fermi wrote: »

Here is weller's letter:

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and will commit a criminal offence on **MONTH DATE** is the requested document is not supplied.

You therefore have until **30 days date** to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

If you wait until the extra 30 days are up you can amend that accordingly.

i think i will do it after the 12 days.

artnoble

i sent it recorded on 8th February 2008.

it was signed for on the 11th. which date do i go from?

artnoble

bump before i drop off