Advice please! Newbie with DCA trouble

RAS

meltdown,

They are already in default and should not therefore be writing to you demanding payment at all.

Unfortunately, a number of DCAs respond to this by trying to pile on the pressure in a hope of getting as much money as possible out of you despite the law.

Stay strong and let's see if this CCA turns up. What you now need to do is mark your diart with the 30 day limt and send them the bogoff letter as soon as that is passed.

moneymeltdown

thankyou rog 2..what would I do without this site! it would be great if you could post a link for the next letter I have to send to Lowell...mmd

RAS

MMD

You need the letter that rog2 posted in his link above, see below.

Send that to them once the 30 calendar days is up.

Best wishes

RAS

Send this letter after the 12+2 days if you have not received a CCA but they are still bothering you. If after another 30 calender days have passed (12+2+30) and they have not supplied the true CCA send them the letter Rog has posted a link to. HTH xx

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. 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.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

moneymeltdown

thankyou RAS I will send Lowell the default letter asap!

RAS

NO MMD

You must work out the 30 day waiting time after they default and send it the day after that.

rog2

RAS wrote: »

NO MMD

You must work out the 30 day waiting time after they default and send it the day after that.

I'm sorry RAS, and I know that it can be confusing, but the letter, that I posted the link to, can be sent after the 12+2 days. It is not compulsory, of course, but is particularily useful if, as in mmd's case, the dca is still harassing the 'alleged debtor'.

Once the additional 30 days have passed, then the 'alleged debtor' can send the 12+2+30 day letter:

http://forums.moneysavingexpert.com/showthread.html?p=6582439

(sorry - I can't do 'cut and paste')

The 12+2 day letter should stop further harassment by the dca.

michaelcoop

recieved a letter or two of lowel for a capital one debt from just about 6 years ago. i did phone at first and made an offer to pay £10 pcm, as this nis all i can afford..they refused this so i hung up and called the national debtline who told me that the debt was 6 years old and i need not pay it........i have recently recieved two letters from red debt collections asking for payment of the debt , and they sat they will hand it over to specialist recovery unit... is this applicable? are they just tring it on..... + i do have a cckj that i recieved a few years ago but cant remember if it was for the outstanding capital one account, which by the way due to circumstances at the time i never made a repayment on,it was only £250 in all...... lowel demand £600.. if i did have a ccj would lowel even be dealing with this debt?
any help regarding this would be useful...thanks

moneymeltdown

thankyou so much rog2 and RAS for your brilliant advice on this ... I have to admit didfind which letter to send at what time confusing but have figured it out now..will keep you updated on any progress!

moneymeltdown

i just received this letter from Lowell dated 19/05/08 (so far they have not provided my cca after 12 days + 2 and are now in default...the 30 day letter has been sent)

"Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act I can confirm our client has yet to furnish us with your agreement.
I can confirm,however,Compucredit are still int he process of retrieving the required paperwork and once this has been forwarded onto us a copy will be posted to you.
There will be no further correspondence from us until the agreement has been received at which point we will require payment in full.

You currently still have the option to pay £xxxx as a full and final settlement in order to bring this matter to a close,after which we reserve the right to proceed to collect the full balance."

What should I do next? I have sent the 30 day letter to them about a week ago. Thanks in advance!

mcjordi

moneymeltdown wrote: »

i just received this letter from Lowell dated 19/05/08 (so far they have not provided my cca after 12 days + 2 and are now in default...the 30 day letter has been sent)

"Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act I can confirm our client has yet to furnish us with your agreement.
I can confirm,however,Compucredit are still int he process of retrieving the required paperwork and once this has been forwarded onto us a copy will be posted to you.
There will be no further correspondence from us until the agreement has been received at which point we will require payment in full.

You currently still have the option to pay £xxxx as a full and final settlement in order to bring this matter to a close,after which we reserve the right to proceed to collect the full balance."

What should I do next? I have sent the 30 day letter to them about a week ago. Thanks in advance!

standard letter i got the same letter from lowell regarding catalouge debt i sent the 30 day letter twice to remind them to sod off
i got a letter back two days after they received the second 30 day notice and they couldnt retreive it or it was no longer available and they were sending it back to oc