Asking for Original Credit Agreement from DCA

[butch2008]

Hi all - Well, I've spent about 15 hours over the last 3 days reading these forums and it's got me hooked.... Big thanks to everyone for this wealth of information...

 

Here's my scenario :-

 

I've had 2 DCA's contact me by letter asking for thier money (2 separate debts).

One for £3500 & one for £700.

I am going to write asking for them to provide the original contract signed by me (using letter template found on this forum) but I just wanted to run this past you to make sure I'm doing it correctly....

 

1. Send 'Letter N' on http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

2. Do not sign the letter by hand

 

3. Get full tracking/signed delivery

 

4. Send a postal order for £1 ?!?!?!? (pls confirm)

 

5. Give them 12 days to reply,

 

6. Check if postal order has been cashed, delivery signed for

 

7. Re-send 'Letter N'....

 

 

Any advice is greatfully welcome

 

Many thanks

[42man]

Correct in number 4, each request needs to be accompanied by a £1 postal order.

 

You don't need to resend as you have mentioned in point 7

[eastendboy]

Bar point 7 that's just fine and as 42man has said, yes to the £1 p.o.

[creditcardmug]

4 yes for each

 

5 14 days

 

7 do not resend, if no reply send acc in dispute letter, or even if they do post on here again, it may not be compliant.

[butch2008]

Excellent.....

Letters being printed as we speak.....

 

Thank you all very much for your knowledge....

[parity4all]

Can anyone confirm if the creditor can refuse to accept postal orders and reuqest the payment by cheque only?. The reason I ask is that a particular creditor told me that it is their policy to only accept cheques. When I mentioned that I can only send a postal order they said they can accept a cheque which is from a friend or family member. However, I am not very keen on this method of payment for £1.00. Does the customer have the option of sending the payment by EITHER cheque OR postal order?

[banker_rhymes_with]

Hello parity4all!

 

Can anyone confirm if the creditor can refuse to accept postal orders and reuqest the payment by cheque only?

Just ignore them, and press on with your Statutory Request.

 

So long as you send them a clear letter stating that it is a Statutory Request under s77 (loans) or s78 (credit cards) of The Consumer Credit Act 1974, and you enclose a valid method of paying the Statutory Fee of £1, such as a Postal Order, then they have 12+2 Working Days in which to reply.

 

If they fail to do so, write to say they are in default of your Statutory Request, then sit back and wait for their next dull move.

 

Don't get into an argument with them over Postal Order or Cheque, that's just a little game they want to play. So, don't play and they will have to get a grip and accept that you have made a perfectly legal request that included valid payment.

 

If they mess around, then report them to Trading Standards.

 

However, please do make sure you send them the Request via Special Delivery, because you must have proof of delivery. The time starts ticking from the Working Day after delivery so, it's important to nail the actual day the Request is signed and accepted by them.

 

If you can, scan the Postal Order before sending, and do keep the receipt when the Postal Order was purchased. Another wise move is to add a note detailing the Postal Order's reference numbers/Account Number/Sort-Code information within your Request letter (perhaps as a foot note), just to link that Postal Order to your specific Request.

 

Armed with such information, including proof of delivery, no Court in the land will entertain any of their nonsense that a Postal Order was not a valid means of payment.

 

I hope this helps.

 

Cheers,

BRW