No CCA from First Direct - now chased by DCA

[skyrider]

I have a credit card debt, the original creditor (First Direct) is overdue on suppling a CCA, being chased by a DCA! I can't seem to find a template letter for the DCA to say sorry mate the roginal creditor can't find the agreement therefore this is not enforcable leave me alone.

 

Any ideas?

[tiglet]

Try this:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[skyrider]

I am a little confused, we have an overdraft with First Direct which is about 10k. On 22nd October sent them an S.A.R - (Subject Access Request), 5th November PO returned “the information you have requested will be provided free of charge” part reply received 17th November (no covering letter) 6 pages of phone notes, further reply dated 7th November lists charges, same 6 pages, 2 pages ‘Martini notes’. No agreements or other information!

 

Today letter from Central Debt Recovery, thanks for your letter etc “ you have applied for a refund of charges of £XXX which is currently being dealt with by our client.” Continues to chase debt excluding refund. - We have not asked for a refund yet!

 

2 questions if anyone can help please:

 

• was here a purpose in not accepting the £10 for an SAR to ‘avoid’ a contractual obligation?

• As this is an overdraft do the CCA rules and act apply?

Any suggestions gratefully received.

[rory32]

The ten pound fee is the maximum that they can charge by law, they do not have to charge a fee. If they chose to wave the fee then that is their affair it does not remove their legal obligation under the Data Protection Act so the original timescale e.g. 40 days still applies.

 

Regarding the overdraft, they are covered by the CCA but they have part V (form and content) exemptions from the Act. This means the copy of the agreement would simply be a letter from the bank stating the amount of credit, the APR, charges and cancellation rights. The agreement would not need to be signed by you, however they would still need to produce it.