Help with a specific debt and DCA

uiop

Hi, anyone know the answers to the above questions?

Careful_with_that_Axe

uiop wrote: »

Hi all, i am just sorting out the above letter to send off tomorrow via recorded delivery. I have two final questions.

1) It says above not to sign anything, should i just type my name on the PC or should i use block capitals in ink on the letter? (maybe it doesnt matter)
2) For the reference number, should i use the original credit card number or should I use the new DCA reference?

Would stress that I am no expert, but I would suggest that you use the DCA reference if you're writing to DCA.

I, personally, would use Cap letters for the sig.
ATB

stapeley

All these threats are scare tactics . I would bet that as it has been passed around many differant DCA there will no TRUE COPY of a CCA .

uiop

Thanks for the advice.

uiop

Just a little update on this situation. The letter was delivered to them last week (Thurs) and I have the royal mail proof of delivery to confirm this.

Today my mobile went and I answered it, it was the DCA telling me I still owed them money and what did I intend to do. My response was that I had sent a letter regarding the situation and that I was waiting on a response before anything else would happen. The person denied all knowledge of the letter.

So I have told them that I will look to get them a note of the tracking (which I didn't have at the time)... not sure if I will call them. Its their responsibility to find it as far as I am concerned.

Anyone have any recommendations on what I should say to them when/if they call again? I assume letting them try to find the letter rather than giving them the tracking at this point helps run down some of the 12 days which is beneficial to me?

uiop

Shameless bump as its been over a day...

Deep_In_Debt

Hi
I'm not very knowledgeable on this sort of thing but in my experience DCA's tend to ignore letters as much as possible. By phone they can bully you as much as possible to get as much out of you as possible. Keep everything in writing and demand they contact you in writing only. Just tell them that you are waiting for a copy of your CCA and will have no further contact until you have received this.

Also, doorstep collectors have no legal rights although they will tell you they have (I had one recently). Do not let them in and if they refuse to leave, then call the police.

uiop

HI all, an update on the situation. On Saturday a letter arrived from the DCA.

The letter states that they have contacted their "client" to request a copy of my agreement and statement of the account, that the account is on hold and no action will be taken at this point.

They also go on to say that if they do not receive anything within 28days they will close the file and return it to the client who will decide what to do next.

My postal order was also included (not very useful as its go their name in the payee!).

So.... firstly it seems that they are trying some form of scare tactic again by this whole "client" bit. Its quite amusing because i can remember one phone call to them where I offered payment and the girl went off to "speak" to the client and check if that was suitable, there was no way for her to speak to anyone in the time I was on hold (15 seconds at most) and then she came back to tell me they had agreed.

But overall it is good news that they have sent a letter saying mine was received. I assume i should still send the 12+2 letter when that time is up, just to be thorough?

GeorgeUK

i would definately send the letters to keep the pressure on them rather than you. Unfortunately they may still come up the the CCA at some point, but until then just folow the process. After the 12+2 working days had passed the account was officially in dispute and unenforcable. This meams that you should not be making any payments to them. Send the 2nd letter then after 30 days, send the 3rd and follow up anything you have said you will do in the letters such as contacting trading standards etc if they have not left you alone.

aimingforadebtfreelife

Never ever phone a DCA no matter how trivial it may seem or simple - they tell porkies on the phone and will put undue pressure on you for a payment. Always communicate by letter and as such you will have a paper trail.

If a CCA turns up check that its not an application form just with a signature box stating "only sign this if you want to be bound by the 1974 CCA". For it to be enforceable it has to have all the precribed terms - ie APR, rate of repayment etc etc.

Also check it is clear - many are filed on microfiche and as a result the copy it produces is quite bad, again its breaching guidelines.

If another DCA contacts you state that there is a legal dispute and they cant collect - the client is breaching OFT guidelines by farming out to another DCA.

Dont be afraid to give it em back. I've just sent Debt Managers packing over a Barclaycard debt as the CCA produced was a poor microfiche photocopy and was basically an application form.


I'm waiting to see if goes to another DCA or will get a letter from Barclaycard themselves. Bring em on