Cca Requests Updates Please

stapeley

Got a letter from Rock

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dca month ago, on a disputed account , no CCA received ,sent default notice to the previous DCA , who returned it to OC . This is letter I sent them ,

COMPLAINTS MANAGER

DEAR SIR,
Despite several letters from different collection companies,I continue to be sent demand letter.
I wish to point out again, a few points you have failed to take into account .
I still have not been sent a legible copy of a consumer credit agreement relating to this alleged account .This is the duty of any company even if only acting on behalf of the original company .
I have not received a notice of assignment from your client stating you have their authority in this matter .
You will no doubt be aware of the consumer credit act and its conditions . But I will remind you .Failure to supply a true signed copy of a consumer credit agreement on request means the account is in dispute. The act goes on to say while in dispute no action can be taken to recover any alleged debt. Nor should any information be passed to another party.

This has clearly been done in this case .I will assure you I have received excellent advice in this matter and am fully aware of my rights .
Originally I was being contacted by another company .I made requests to them for a copy of a CC Agreement, which they failed to provide. They were informed that the account was still in dispute .Any action to enforce an account while it is still in dispute , contravenes the conditions of the CC Act. The ACT also clearly states, while dispute continues the account can not be passed to another party.

I now feel I have more than enough evidence of malpractice to report both your companies .
I await your response .

Seven days later I received a reply ,

In view of the circumstances we confirm that we have ceased recovery action, blar blar blar .......

stapeley

Averaging two calls a day from another DCA , but just refuse to confirm my details ,why should I ? It could be anyone .May just change sim card on the mobile .

debindebt

I had defaulted on a cc I had with barclaycard They have said that the debt owed is £3830.70.

After sending the 12+2 days and the 30 day letter Cabot did not provide my CCA. I think that they had up till mid August. Anyway I have received a letter from Cabot with copy of signed agreement and a copy of assignment notice dated 19 September 2008.

Cabot are now asking for £5122.

Not sure how I will manage to pay this off. Unfortunately this is not my only debt so I'm feeling quite sickened that Cabot seems to have added over £1000 to the original debt.

Are they able to do this?? Are the DCA entitled to add interest on debt owed. As I understand it from reading this post they buy the debts for little and nothing.

As you can imagine I'm feeling really:eek: right now. Any advice would be appreciated:o

stapeley

debindebt wrote: »

I had defaulted on a cc I had with barclaycard They have said that the debt owed is £3830.70.

After sending the 12+2 days and the 30 day letter Cabot did not provide my CCA. I think that they had up till mid August. Anyway I have received a letter from Cabot with copy of signed agreement and a copy of assignment notice dated 19 September 2008.

Cabot are now asking for £5122.

Not sure how I will manage to pay this off. Unfortunately this is not my only debt so I'm feeling quite sickened that Cabot seems to have added over £1000 to the original debt. Remember this is a unsecured debt so if taken to court ,and you show you can only afford a token payment . That is what a Judge will order .

Are they able to do this?? Are the DCA entitled to add interest on debt owed. As I understand it from reading this post they buy the debts for little and nothing.

As you can imagine I'm feeling really:eek: right now. Any advice would be appreciated:o

Could be that what they have sent is not enforceable ,had anyone check it out ?

stapeley

I have never said it was a easy way out .But I believe many people have managed to get some of the DCA off their backs .

debindebt

Hi Stapeley et al

I haven't had the information that has been sent to me checked. Could you please suggest where I could get the paperwork examined?

Do you know if it's ok for the DCA to keep applying the charges?

Many thanks:o

stapeley

When is the agreement dated ? If you can post it on here I,m sure someone will have a look . In meantime just write back thanking them and suggest that you believe that the form they have sent does not comply with the conditions set out in the CCA . Just stall them for awhile ! Was the terms and conditions included within the agreement ? They should not be a separate part of it .

Pixie1811_2

I sent the template letter to Moorcroft with £1 postal order to request a copy of CCA I have with Next, they wrote back within three days returning my postal order saying that Next cannot provide a CCA. Moorcroft stated in their letter that I had ordered and received the goods from Next and they want me to acknowledge this to them and make a payment arrangement. What should I do now? Should I wait the full 12 days and then send the 30 days template letter? The debt is for £835. Please advised. Thank You.

stapeley

Pixie1811 wrote: »

I sent the template letter to Moorcroft with £1 postal order to request a copy of CCA I have with Next, they wrote back within three days returning my postal order saying that Next cannot provide a CCA. Moorcroft stated in their letter that I had ordered and received the goods from Next and they want me to acknowledge this to them and make a payment arrangement. What should I do now? Should I wait the full 12 days and then send the 30 days template letter? The debt is for £835. Please advised. Thank You.

Well you should really try to make a token payment , I take it you did have the goods ? Have they purchase the account off next ? When did you open the account ?

phil80

Do not acknowledge any debt to them it is up to them to prove that you owe the debt. Wait for the 12+2 timescale to lapse then write them a letter informing them that this date has now passed.