Should I leave – Or Pursue?

[Von Greenbach]

Hi

 

I don't want to give to many details publicly in case anyone from the debt company involved is reading on here, surfice to say, they are well known on this site.

 

Cut along story short, several months ago I requested a CCA for a CC debt, the DCA replied stating they were attempting to obtain it (I have that letter) a few weeks later they returned my £1.00 postal order stating they were unable to locate my CCA, and were closing my a/c returning it to the OC (due to my mental state I've mislaid that letter)

 

I'm on a DMP via CCCS who are still paying the DCA involved, even though I've informed CCCS of the outcome re my CCA request.

 

Last month in agreement with CCCS I made a reduced payment to all my creditors due to an unexpected bill, CCCS informed my creditors of the reason for a reduced payment, today I've received a letter from the DCA involved stating I've defaulted on my DMP agreement reached via CCCS, the letter goes onto say that if I don't contact them (DCA) by a certain date & time, they will instruct someone to call at my home.

 

Previously I've sent this DCA the template letter from this site re home visits, obviously it's falling on deaf ears, where do I go from here please? I'd die if anyone debt collector turned up at my door.

 

Just to say, without wanting any attention or sympathy, I've suffered from 2 nervous breakdowns and am on medication for panic attacks, I know these letters are standard computer generated but they still have an effect on me.

 

Thanks for any help anyone can offer.

[PGH7447]

OK if this is the same DCA that did not provide your CCA when requested inform the CCCS to stop all payments to them, they are collecting on a debt that is not enforceable, that will soon shut them up.

 

If you wish to continue paying them simply write and inform them that due to your good nature you will continue the reduced payments even though they cannot lawfully collect on the said debt because of lack of CCA and that any further idle threats will be passed to the relevant authorities,

 

these people really are stupid

[Von Greenbach]

OK if this is the same DCA that did not provide your CCA when requested inform the CCCS to stop all payments to them

Hello PGH, I spoke with CCCS who didn't really have much of an idea re the legality, and advised me to seek 1/2 hour free advice from a solicitor

[PGH7447]

The CCCS dont like geting involved when you start to mention Credit Agreements, they only like to advise you to pay a reduced sum, which is all well and good but when a DCA start to threaten then it is far better to deal with that particular DCA outside the CCCS scope, simply tell the CCCS that you wish this particular debt to be removed from your DMP due to non compliance of a lawful request.

[42man]

If they do not have the agreements then you are quite within your rights to stop paying them....

 

If you have sent them the doostep visit letter, then it will be unlikely they will actually turn up....

 

If you have a friendly local policeman/woman you know then ask him to ring the DCA to ask when they were planning on coming round as he/she would like to be in attendance...

[Von Greenbach]

The CCCS dont like geting involved when you start to mention Credit Agreements, they only like to advise you to pay a reduced sum, which is all well and good but when a DCA start to threaten then it is far better to deal with that particular DCA outside the CCCS scope, simply tell the CCCS that you wish this particular debt to be removed from your DMP due to non compliance of a lawful request.

TBH, I'm afraid of upsetting CCCS in case they get funny and cancel my DMP.

[Von Greenbach]

If you have a friendly local policeman/woman you know then ask him to ring the DCA to ask when they were planning on coming round as he/she would like to be in attendance...

I wish I did

[Von Greenbach]

42man - PGH, going by your post count, you're both experienced on here, I'm in the process of complying a letter to the DCA, if you don't mind could I PM one of you please for confirmation of my letter, no offence if you'd rather not.

[42man]

Best to post it up here (but take away any sensitive stuff)...

[PGH7447]

ditto

[Von Greenbach]

Best to post it up here (but take away any sensitive stuff)...

 

OK, I'd rather not post my reply to the DCA publicly even leaving out sensitive information, name, address, a/c ref, my letter could still be identifiable should anyone from the debt company involved be reading this site.

 

No worries, I'll send my reply of to them and see what happens.

 

Thanks for the help.

[tiglet]

I would suggest pm-ing a site-helper then and asking for them to have a look.

 

We all try not to give advice via PM as it can cause problems, but if you are genuinely worried that it may implicate you, i'm sure a site-helper wouldn't mind.

[Von Greenbach]

I would suggest pm-ing a site-helper then and asking for them to have a look.

 

We all try not to give advice via PM as it can cause problems, but if you are genuinely worried that it may implicate you, i'm sure a site-helper wouldn't mind.

 

Hi tiglet

 

Although I don't post often, I'm aware of the implication re PMs which is why I stated I'm not offended if they'd rather me not PM them.

 

I've now sent of my reply to the DCA, my main concern were if I posted my reply in the open forum, the wording within my reply could quite easily have been identifiable, even with leaving out sensitive information.

[tiglet]

They look on here (I do know that).

 

If you are still concerned, message one of the helpers with the wording and see what they have to say.

 

Don't worry - i get anxious too!

[Von Greenbach]

Don't worry - i get anxious too!

 

Knowing that, is reassuring

[tiglet]

Citalopram, rescue remedy and a paper bag on me at all times - hey, isn't life great?

[Von Greenbach]

Hi

 

Even though my CCA request has been ongoing for well over 6 months, following my letter to the DCA last week re their threats of doorstop visits etc, etc, I gave the DCA until today to reply to my letter with either my CCA or what they propose to do with my debt i.e. send it back to the OC.

 

The DCA has failed to reply to my letter even though checking on RM track & trace my letter has been signed for, any idea where do I go from here now please?

Edited September 16, 2008 by Von Greenbach

[42man]

You could send them this letter....

 

Either way keep us posted if you hear any more....

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[Von Greenbach]

Hello 42man

 

That's a brilliant letter, a couple of questions please, where it's got "Date" on that template letter, what date do I use when my a/c entered into default, do I use todays date?

 

As for my CCA request, this was well over 6 months ago although I can't remember the excate date, but I have their reply stating they were trying to obtain it, do I use that date or last weeks date when I sent them my letter.

 

I can't thank you enough for your support with me.

 

*Off topic, I just clicked on your reputation, but a pop up says I have to spread some around before I can give 42man some!!!

 

I'm not in a position to assist other members on here due to my very, very limited knowledge of debts issues*

Edited September 16, 2008 by Von Greenbach
Paragraph Added

[42man]

No the day they defaulted on your CCA request 12+2 working days after you sent the request.....

[Von Greenbach]

OK, thank you

[tiglet]

Reputation - it means you need to give some to other users before you can give it to the ever lovely 42 man again - it's basically to stop people giving eachother reps constantly to bump their rep score.

[Von Greenbach]

Reputation - it means you need to give some to other users before you can give it to the ever lovely 42 man again - it's basically to stop people giving eachother reps constantly to bump their rep score.

OK tig thank you, out of curiosity, where does it show everyone's reputation score?

 

Oh, and I just found out I can't give you any rep neither tig

[tiglet]

Bless!

 

You can only see your rep score yourself - once you get a certain number of rep points, you get another green blob on your profile.

 

Once you get 6 light green ones, you can't get anymore, but you can still get the message/points, which is a good way of saying thank you.

[Von Greenbach]

Ah ha, I see, thanks for taking the time to show me, something else I've learned from this site.