Response from my CCA

Tilabi

Hi there,

I have been paying this company for sometime now, but i have actually never found out what the debt was for so in March i sent them a CCA request, to which i never got a response.

In May i sent them the follow up CCA letter and i have stopped payment for this month. Today emailed them for the 3rd time as i am still awiting a reply and i have had the below response.

Payment on this account has been ongoing since November 2007 with ourselves.

Payment on any individuals account is considered acceptance of liability by their
creditors.

Your original request was submitted to our Client and it is they who are responsible for
providing any original documentation, if such documents were made available to them when
the debt was assigned to them from your original creditor.

However in light of the fact that payments had been made before your request was submitted
this may have been regarded as acceptance of liability, in which case no documents would have
been issued.

Are they correct? do i need to resume payment to tem even if they cannot provide a CCA?

When i first started paying them i did was not aware of my my rights under the CC Act, (until This website)and because of this i still have to pay?

Any help is appreciated

Tilabi

Nilrem

You can request full documentation, including statements etc of what has been paid, and what the debt is for, this they have to legally supply - it's their job to prove you owe the money, not yours that you don't, and I beleive you may even be able to claim the money back if it turns out they have misled you into paying a debt that isn't yours.

I think what is needed is a Subject Access request (there are some great letters on here).

I think even without that they have to supply the CCA regardless of if you've been paying, especially if they've made threats to try and scare you into making the payments.
Otherwise practically anyone could claim that anyone else owes them money.

By the sounds of it, the jokers are probably flirting with (if not outright breaking) the rules regarding debt collection, and the codes of practice etc.

Hopefully Rog or one of the other experts will be along soon to give a better explanation of what you need to do.

RAS

Payment on this account has been ongoing since November 2007 with ourselves.

OK, so what?

Payment on any individuals account is considered acceptance of liability by their creditors.

Which is relevant if your were refusing to pay under the Statute of Limitiations Act.

Your original request was submitted to our Client and it is they who are responsible for providing any original documentation, if such documents were made available to them when the debt was assigned to them from your original creditor.

Complete cods wallop. If the DCA are collecting money, iyt is their responsibility to have the correct paper work.

However in light of the fact that payments had been made before your request was submitted this may have been regarded as acceptance of liability, in which case no documents would have been issued.

Which planet are they on? There are serious "retraining issues" here.

Tilabi

NO CCA, no debt. I will post up the link to warrencarr's thread from yesterday in a bit. He even had a CCJ against him but in the absence of the CCA, the creditors case was dismissed.

I could also point you to kurjam, who was paying for YEARS and to Kel, who has actually stopped paying back £50K worth of debt in the absence of the proper paperwork.

RAS

I am assuming this debt is covered by the CCA, not utilties, phones or an OD. But since you do not know what it is for, you cannot even judge that. If that was the case then the DCA should tell you up front as it would be the best reason possible for not providing the CCA.

Here is warren's thread. he has done just the same as you. http://forums.moneysavingexpert.com/showthread.html?t=955165

Here is a copy of the OFT Guidelines. http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

If you read them, you will notice that the DCA are breaking all sort of rules. Since you have this as hard copy rather than verbal, you should forward it to the OFT and talk to the Trading Standard's office neartest the DCa.

eyeopener2

RAS is spot on with that reply.

You have made a legal request under the 1974 CC Act and they should know their obligations to provide the paperwork. Remind them of this when you write back.

While your at it remind them of their responsibilities under the OFT guidelines as well.

Tilabi

Thanks guys for all your help and reassurance

Deepdown i thought this was the case and knew they were just trying to spin me a line.

the Actual DCA is Meritforce , i think i have read about their underhand tactics before.

do you think i should respond to them, or just contact OFT ? What should i say ?

Thanks

stapeley

Do a SAR straight away . But stop paying them !

GeorgeUK

When you did the CCA request, did you send the £1 payment? This would make the request a legal consideration, but not sending the money they could just ignore like any other letter you send to them.

If payment was sent, was it cheque or postal order?
Did they cash the payment?