Cca Requests Updates Please

Weekend_warrior

Hi Again,
Thanks for the prompt advise I'm sure the 2 debts are statute barred anyway.
krapquest are also offering me a 70% discount on a debt that they have admitted in writing they don't have a cca for as I officially requested.
I sent them the 12+2 day letter about 3 months ago.
Is there a follow up letter I can now send them or do I just ignore it?

W.W.

rog2

Weekend_warrior wrote: »

Hi Again,
Thanks for the prompt advise I'm sure the 2 debts are statute barred anyway.
krapquest are also offering me a 70% discount on a debt that they have admitted in writing they don't have a cca for as I officially requested.
I sent them the 12+2 day letter about 3 months ago.
Is there a follow up letter I can now send them or do I just ignore it?

W.W.

Same advice as above - in this case AK are 'in default' and can not legally enforce the agreement.

Det Collection Agencies have been warned - some are even on 'Final Compliance Warnings' - by the OFT about the way that they 'continue' to harass debtors over 'disputed' and 'unenforceable' debts:

http://forums.moneysavingexpert.com/showthread.html?t=1639473

blueforyou

dvs wrote: »

Out of curiosity, what was the percentage settlement figure they offered you? Did they offer you a settlement over the phone or in writing?

MBNA have not complied with our request (been 3 months now) but I'm considering offering a settlement just because I'd like some closure on the matter. We've been receiving several calls a day (usually by 8:30am!) but we haven't answered any calls.

About 70% off, by letter. As for the call you are getting, I have used the advice/letters on here and now get no call at all.

dvs

blueforyou wrote: »

About 70% off, by letter. As for the call you are getting, I have used the advice/letters on here and now get no call at all.

Thanks for the info. Was thinking of offering about 10% but perhaps that's a little optimistic. Just thought as they probably don't even have the agreement, they might be willing to settle it. Will wait for the next response before I offer anything (if at all).

MS_Dolphin

Well, just had my second call in 2 days from Mercers, this time pretty agressive. She said they would be instructing doorstep collectors to come and collect.

I sent them the account in dispute letter as suggested by 10past6 (post 3111) obviously not taking a blind bit of notice. I'm going to report them to OFT and TS now.

Is there an address or template letter listed for this? Is there anything else I should do and if they do knock on my door, what is the best way to handle it? The way I'd like would get me in trouble, so any more appropriate answers would be appreciated.

Thanks, MS D

cocker100

MS_Dolphin wrote: »

Well, just had my second call in 2 days from Mercers, this time pretty agressive. She said they would be instructing doorstep collectors to come and collect.

I sent them the account in dispute letter as suggested by 10past6 (post 3111) obviously not taking a blind bit of notice. I'm going to report them to OFT and TS now.

Is there an address or template letter listed for this? Is there anything else I should do and if they do knock on my door, what is the best way to handle it? The way I'd like would get me in trouble, so any more appropriate answers would be appreciated.

Thanks, MS D

Hiya,

I had dealings with Mercers before my DMP started and they also threatened me with a doorstep collector. I pointed out over the phone that they had no powers to do that as only bailiffs from the court had any powers of that order.

The Scouse "lady" on the phone got very irrate when I kept questioning her comments and said that they would have to pass the account to their solicitors for litigation. I told her to do just that.

To cut a long story short, they never did send anyone round and Barclaycard accepted my DMP repayments a couple of weeks later. They have done ever since, and have since been one of my easier creditors to deal with.

Im fairly certain that they have to "make an appointment" with you before they attempt to call at your house. So if you dont agree to any appointment, then..................However, if they do come calling, personally I would just ask them to leave politely and if they dont, then do them for trespass. Take a photo of the caller on your mobile for evidence when you answer the door and send it off to the police. Then state to them if they do keep persueing you for the debt, you'll persue the trespass charge!;)


Cocker:)

MS_Dolphin

Thanks Cocker,

I know its all part of the game, but sometimes....

Anyway, every phone call gets us closer to a resolution and unless BCard come up with anything better than they have so far, things are looking positive.

Thanks again.

kinjo1

pebbles88 wrote: »

ah ha, here is the one i would send to DCA.

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,
Reference Number: ...........

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with ................... and has been since DATE.When .................failed to provide a true copy CCA within the
sTATUTORY 12+2 DAYS.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As ...............are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to ........... for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.
If ................................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.
After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.
Yours faithfully

Thank you so much! I will post an update soon as i get anything back!

Is there a template to send MBNA for passing my account on to a DCA whilst in dispute?

aaxsabian

Hi there. could somone tell me how to download attachments on to this site cause at the moment it wont let me, i need someone to look at 2 cca's i have received over the weekend,

thanks guys:rotfl:

pebbles88

kinjo1 wrote: »

Thank you so much! I will post an update soon as i get anything back!

you're welcome, fingers crossed for you