Help & Advice needed on letter from collection agency

ILW

sarah03 wrote: »

thanks petermb for your reply - nothing to secure a loan onto, i'm in rented house, car on finanace but in my mums name so wouldn't be of benefit to them to try and turn it into a secured loan - surely they can't change a unsecured loan into a secured one?this debt is statue barred in november 09, didn't think I would hear anything back after the letter last year

I believe the debt is only statute barred if they have not tried to contact you for 6 years. Once they have the six years starts again.

cyril82

If the original cca request has not been complied with from one year ago they are committing an offence, it is now illegal for them to pursue this debt until they produce a copy of the cca.

Furthermore they know this and they know they can not take action through the courts which means the threats they are making about forcing compulsory bankruptcy on you and seeking possession of any property you might own are designed for no other purpose but to cause you and/or your family alarm and distress as they know they can not do it.
This is a criminal offence under the administration of justice act 1970.

I would report their actions to the O.F.T and Trading Standards and write to this company telling them you have reported them to the O.F.T and T.S. as they have broken the law by pursuing you one year after you requested a copy of your cca despite never producing it, point out also that without the cca they can not enforce through the courts and they know this therefore their threats were clearly designed to coerce you into payment through causing you fear, alarm and distress, which is a criminal offence.

Don't take this crap from them as they are breaking the law. Good luck.

sarah03_2

thanks cyril82,
I have to say I was abit worried after receiving this letter today - I thought that the dca had to hold a copy of the cca. I have to say I am worried at the letter received today but will see what happens and what is produced.

xxx

sarah03_2

I just went onto the oft website and found this http://www.oft.gov.uk/news/press/2009/20-09

cyril82

sarah03 wrote: »

thanks cyril82,
I have to say I was abit worried after receiving this letter today - I thought that the dca had to hold a copy of the cca. I have to say I am worried at the letter received today but will see what happens and what is produced.

xxx

No, if you request a copy they must produce it before pursuing you.


It would be easy for them to just reply and say "yep got the cca now pay me" if they merely had to hold it.

The thing is debt collection agencies lie they do it for a living and they are usually pretty good at it so always and i mean always demand everything in writing and make them prove everything, Even who they are, so if they ring say "sorry don't know who you are could you please write to me on letter headed paper will all your company registration and contact details so i can look into the matter". They'll say no, you say "goodbye". then write to them demanding your cca and refuse to speak to them, even to confirm your name, until they produce it.

If they contact you after 44 days from your request demanding payment tell them they are breaking the law and report them to the O.F.T.

The only time you need do anything different is if they actually produce the cca oh and by the way when you write to them never sign the letter as they will scan your signature onto an agreement if they don't have one.