Help please, unknown debt?

tigzem · 25 June 2007 at 5:15PM

Hi Pipk,

I've had another letter from my DCA today, they've not acknowledged the letter I sent them 18th June, this letter basically states unless I call them within 7 days from date of their letter (21 June - rec'd today... tactics!!) they'll look at other ways they can recover the debt which may entail a petition for my bankruptcy!!!

What should I do now?

Thanks for any info xx

angelavdavis · 25 June 2007 at 5:30PM

tigzem wrote: »

Hi Pipk,

I've had another letter from my DCA today, they've not acknowledged the letter I sent them 18th June, this letter basically states unless I call them within 7 days from date of their letter (21 June - rec'd today... tactics!!) they'll look at other ways they can recover the debt which may entail a petition for my bankruptcy!!!

What should I do now?

Thanks for any info xx

Did you send this letter recorded and did you enclose the payment? (I am assuming the letter was requesting the credit agreement proof?)

If so, has the letter been signed for?

If you did and you haven't received a response and it has been 28 days since your original letter, followup with another letter referring to the original letter and asking that they respond within 28 days with the requested information.

Bottom line, if they haven't sent you the credit agreement, they cannot force you to pay as they have not proved that

a) the credit agreement is signed by you and therefore the debt is actually in your name
b) that they have the right to actually collect on behalf of this debt.

Don't pay anything until they send you the details. These letters are computer generated and designed to frighten you. If they haven't proven the debt is yours, they can't force you to pay. Keep copies of any letters in case it gets to court. Its unlikely to.

asc53 · 25 June 2007 at 5:34PM

hi tigzem
had the same thing thay should have come today with pappers for bankruptcy but thay did not turn up (shame) its just bully boy tactics , what i did is when thay rang me ,i told them to do what thay had to do and i will do what i have to do and put the phone down on them , give them the same treatment as thay give you .
thay know that thay can not make you bankrupt if thay have not sent you the papper work you have asked for with in the aloted time .

hope this helps
asc53

tigzem · 26 June 2007 at 7:36AM

angelavdavis wrote: »

Did you send this letter recorded and did you enclose the payment? (I am assuming the letter was requesting the credit agreement proof?)

If so, has the letter been signed for?

If you did and you haven't received a response and it has been 28 days since your original letter, followup with another letter referring to the original letter and asking that they respond within 28 days with the requested information.
Bottom line, if they haven't sent you the credit agreement, they cannot force you to pay as they have not proved that

a) the credit agreement is signed by you and therefore the debt is actually in your name
b) that they have the right to actually collect on behalf of this debt.

Don't pay anything until they send you the details. These letters are computer generated and designed to frighten you. If they haven't proven the debt is yours, they can't force you to pay. Keep copies of any letters in case it gets to court. Its unlikely to.

Yes I have sent 2 letters, both recorded and both been signed for. The 1st request for the CCA plus payment, they wrote back to me saying it's not CCA regulated and sent back my payment, so I then sent the 2nd letter that pipk posted on here. They've not actually written back with an answer to my 2nd letter, so will wait it out.

Grrrr they make me so angry :mad:

Thanks for your help xx

inmypocketnottheirs · 26 June 2007 at 9:27AM

tigzem wrote: »

Yes I have sent 2 letters, both recorded and both been signed for. The 1st request for the CCA plus payment, they wrote back to me saying it's not CCA regulated and sent back my payment, so I then sent the 2nd letter that pipk posted on here. They've not actually written back with an answer to my 2nd letter, so will wait it out.

Grrrr they make me so angry :mad:

Thanks for your help xx

So they still have not told you what it is for?

I would like to see this in court!

I would just wind them up every time they call. Leave the phone off the hook and start signing 'I do like to be beside the Seaside' or something!:p

Don't they get on yer threpenny bits!

tigzem · 26 June 2007 at 11:38AM

inmypocketnottheirs wrote: »

So they still have not told you what it is for?

I would like to see this in court!

I would just wind them up every time they call. Leave the phone off the hook and start signing 'I do like to be beside the Seaside' or something!:p

Don't they get on yer threpenny bits!

Nope!!

Haven't a clue what it's for.... it's not on my credit report, and as far as I'm concerned if it's not on there, it's not getting paid!!!

Thankfully they don't have my telephone number, funny thing is I only got my 1st letter from them after I requested my credit report.....!

angelavdavis · 26 June 2007 at 12:08PM

tigzem wrote: »

Yes I have sent 2 letters, both recorded and both been signed for. The 1st request for the CCA plus payment, they wrote back to me saying it's not CCA regulated and sent back my payment, so I then sent the 2nd letter that pipk posted on here. They've not actually written back with an answer to my 2nd letter, so will wait it out.

Grrrr they make me so angry :mad:

Thanks for your help xx

How long has it been since the second letter has been signed for?

If it has been over your stated period of time, I think its time for another recorded letter:

Dear Mr Realname

Your Ref : xxxxxxxxxxxxxxxxxxxxxxxxxxx
Account number - xxxxxxxx
Sort Code – xxxxxx

Thank you very much for your letter dated xxxxxxx (the one above).

However, as you have now exceeded the statutory time for the data provision requested could you now cease chasing me for this account which you have failed to substantiate is my responsibility.

If you do not feel that you are in a position to do this I will have no further option but to refer this case to the Information Commissioner Office, Banking Ombudsman and Trading Standards as appropriate.

Yours sincerely

Mrs XXXXX

tigzem · 26 June 2007 at 3:45PM

angelavdavis wrote: »

How long has it been since the second letter has been signed for?

If it has been over your stated period of time, I think its time for another recorded letter:

Dear Mr Realname

Your Ref : xxxxxxxxxxxxxxxxxxxxxxxxxxx
Account number - xxxxxxxx
Sort Code – xxxxxx

Thank you very much for your letter dated xxxxxxx (the one above).

However, as you have now exceeded the statutory time for the data provision requested could you now cease chasing me for this account which you have failed to substantiate is my responsibility.

If you do not feel that you are in a position to do this I will have no further option but to refer this case to the Information Commissioner Office, Banking Ombudsman and Trading Standards as appropriate.

Yours sincerely

Mrs XXXXX

My next door neighbour brought round a letter for me which was put thro his door, it was the same as their reponse to my 1st letter -

"The agreement to which you seek is not a regulated consumer credit agreement and is not governed by the terms of the CCA 1974. Our client therefore has no obligation under the provisions of the act to supply the information requested by you. We would therefore request you contact us to put forward your proposals to settle the outstanding debt."

The time limit in my last letter was until 4th July.

What shall I do?

Thanks

GeorgeUK · 26 June 2007 at 7:51PM

Is there anywhere you can get free legal advice?

Did a search on the internet and came across this

The Consumer Credit Act 1974 regulates many credit agreements in the UK. Some categories of agreement are exempt – for example; trade credit on terms of payment within 30 days; a running-credit account (such as credit cards, where the whole of the credit is repayable in one instalment); a low interest agreement (not exceeding an annual percentage rate of 1 per cent above the highest base rate of an English or Scottish bank); non-commercial agreements; and small agreements (defined under s.17 of the 1974 Act).

source:http://www.govanlc.com/consumercredit

I would try contacting Trading Standards first

Local trading standards services can take action when traders break consumer law. If you want advice about whether a creditor or debt collector is acting unlawfully e.g. by harassing you, you may wish to contact trading standards. But they may not be able to provide you with debt or money advice. Details of your local trading standards service can be found in your local telephone directory. or see website.

source: http://www.oft.gov.uk/news/press/2003/pn_150-03

Just to get information - they won't deal with individual cases

Currently there are two primary avenues that you can use to put a complaint forward against a creditor or debt collector. The Office of Fair Trading will gladly listen to your complaint but does not take action on individual cases. The Financial Ombudsman Service will act as a fair and impartial mediator in complaints against banks, credit card companies and debt collectors but you might find the process a bit daunting.

source: http://myvesta.org.uk/programmes/creditor_complaint_service.html

(Note - I don't know anything about myvesta so you may want to check out other sources.)

But would definately contact FOS - you gave them fair warning (not sure if you need to wait 21 days, but they're only giving you 7 so sod 'em)

2.2e, 2.2g, 2.6h, 2.8i, 2.12f, 2.14b??,
http://www.oft.gov.uk/advice_and_resources/publications/guidance/consumer_credit_act/oft664

I've probably missed a few, but that should be enough to be going on with

I'd get on the blower to Trading Standards to make sure you are not missing something, then get on to the Financial Ombudsman Service. They'll probably get a strong letter sent to them telling them to amend their practices an that'll be it, but hopefully they'll leave you in peace.

Please note i have supplied sources of data because i don't have a clue about this stuff, but from what i've read - they're just a bunch of... um, chancers. (no need to be crude is there

)

good luck.

tigzem · 27 June 2007 at 9:53AM

Thanks George - appreciate you taking the time to find that out for me.

I'll do as you suggested.

I'll send them a letter also, to say unless they provide evidence that this debt is mine and I do in fact owe it to them I will be ignoring all correspondence from them. Surely, even if the agreement isn't regulated by CCA they still need to prove I owe it? :mad:

I really don't have a clue what it's for, as you say they're chancers!

Tigz x

Help please, unknown debt?

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