Contact from DCA while in dispute

[toffee101]

Hi All,

 

CCAd 1st Crud in early Feb and got the standard you'll have to wait 6 to 8 weeks for a response.

 

Today I got a phone call stating that due to the age of the debt there was no signed agreement available and when I was going to pay the money that I allegedly owe. I re-pointed out that the account was under dispute and that as they hadnt yet provided me with a signed credit agreement they could whistle.

 

The rude lady on the other end stated that this didnt make any difference and if i didnt pay she would pass my details on to the solicitors and take me to court and then hung up.

 

Is this the norm - can they phone me when the account is indispute - is there a likelyhood they will take me to court?.

 

Cheers

 

grez

[summer30]

Sounds like they are trying it on, lowells cannot find one my OH illegedly owes, they are well past the 12 days and keep writing saying pay us 1/4 and we will forget it.

 

Politely tell them to put any correspondance in writing, unlikely they will take it to court without the agreement I would think. Someone more knowledgeable will no doubt give you more info soon.

[Mrs_Ryan]

1st Crud tried this one with me. I pointed out to them they were committing a criminal offence and I soon got shot of them - stick to your guns, dont back down!!!

[toffee101]

They are animals - no wonder people are adivesed not to answer the phone to them - I was caught off guard and dint have time to think correctly.

 

Surely trying to request money and then threatening me with court action while the account is in dispute isnt legal

 

grez

[dpick]

Hi you have a letter saying they cannot find agreement that is gold dust. When they ring just say no agreement bog off. If they pass to another DCA send copy of the cannot find agreement letter with a polite sod off letter.

 

They know that if they try to take you to court they will lose these are just threats to try to get you to pay.

 

Just quote the mantra "no agreement will not pay"

 

all the best dpick:)

[toffee101]

Unfortunately it was only a verbal we havent got an agreement - if they phone again I will ask for it confirmed in writing.

 

They did kindly state that they were recording the call so they will have recorded them saying that they havent - if they were recording it at all.

 

Grez

[dpick]

Hi I would then send them something along these lines

 

 

As you are aware, I wrote to you on day/month/year requesting you supply me with the relevant information, which is my legal right under section 77-79 of the CCA 1974 and you had 12 days plus 30 days inclusive of holidays and weekends (ie until day/month) to respond to me with the information.

 

This time has passed and you have now committed an Offence under this Act and it is my intention to report you for this conduct to the appropriate authorities

 

I also understand that under the Act, due to your failure to comply with my statutory request you or any acting agent are unable to enforce an agreement therefore I am ceasing any further payments until you comply.

 

all the best dpick:)

[DickieGreenleaf]

Im confused. How is asking for a copy agreement disputing a debt?

 

Surely you are simply asking for a copy agreement, nothing more. How is that DISPUTING a debt. Even if there isn't an agreement it is still payable is it not?

[Michael Browne]

How is asking for a copy agreement disputing a debt?

 

It isn't, but if the agreement hasn't been made correctly, then you can dispute the debt

 

Even if there isn't an agreement it is still payable is it not?

No agreement, no debt

[DickieGreenleaf]

I thought it simply meant a creditor couldnt enforce the debt.

 

1. How is that disputing the existence of the debt?

 

2. How does that mean the debt no longer exists?

 

Can you provide case law please.

[Michael Browne]

1.You are not disputing the existence of the debt, just it's enforceability. It can then only be enforced by a court, and no creditor really wants to go to court and say ' We've got this agreement that doesn't comply with the Consumer Credit Act, please can you enforce it for us '

 

2. If they can't produce an agreement at all, then clearly there is no debt

[confused78]

As far as I'm aware once 12 working days have passed from their reciept of your CCA request the debt is classed as 'in dispute' in so far as they (the DCA) are not allowed to contact you to request payment etc.

 

As for point 2, that's also my understanding i.e that the debt is still legally in existence unless you actually want to say that it's identity fraud or something like that. But without the Credit Agreement. debts which defaulted prior to the 2006 Consumer Credit Act being brought into force are not enforceable in court and it's up to the alleged debtor whether they wish to pay.

[confused78]

1.You are not disputing the existence of the debt, just it's enforceability. It can then only be enforced by a court, and no creditor really wants to go to court and say ' We've got this agreement that doesn't comply with the Consumer Credit Act, please can you enforce it for us '

 

2. If they can't produce an agreement at all, then clearly there is no debt

 

If the debt was in default prior to the CCA 2006 then the court CANT enforce the debt without a proper Credit Agreement - if the debt defaulted AFTER the CCA 2006 came into force then the court can. Not sure about what happens if there's no credit agreement at all.

[Curlyben]

Remember:

No CCA = No Enforceable debt.

 

The lack of an agreement doesn't void or cancel the debt it means court action cannot be taken to enforce payment.

 

Now when ever a DCA comes knocking demanding payment you MUST ake them prove their legal right to collect it.

This is by requesting a copy of the signed executed agreement under Consumer Credit Act 194 (CCA request).

If the required compliant documentation is supplied, then it's time to make repayment arrangements.

If not, well I'm sure you can work that out

This applies to pre April 2007 agreements, after this date CCA 2006 applies, but you can still request the agreement, but the enforcement criteria are different.