Been paying DLC for 5yrs on old Abbey Card 'debt' - NO CCA!

[dx100uk]

cough

 

cca is working days...

 

cough

 

dx

[citizenB]

thanks for clarifying - they haven't delivered so what should I do now? The post arrived this morning after I posted on here and I had a letter from DLC acknowledging my letter re reduced payment etc and they stated in the letter they are still waiting for the documentation as per my cca request.

 

Do you have the facility to block DLCs number on your mobile ? If not and it becomes too menacing, then how inconvenient would it be to change your number ?

 

I guess there is little that can be done now until such times as they provide the document requested.

 

You have made the reduced payment - continue doing so.

 

You have provided a budget sheet and are paying what you can afford to ALL your creditors. Apart from which, they brought this about by their continued persecution to obtain more.

[BRIGADIER2JCS]

cough

 

cca is working days...

 

cough

 

dx

 

My apologies not concentrating DX is of course correct:oops:

[salbee]

Do you have the facility to block DLCs number on your mobile ? If not and it becomes too menacing, then how inconvenient would it be to change your number ?

 

I guess there is little that can be done now until such times as they provide the document requested.

 

You have made the reduced payment - continue doing so.

 

You have provided a budget sheet and are paying what you can afford to ALL your creditors. Apart from which, they brought this about by their continued persecution to obtain more.

 

I didn't provide a budget sheet, I was advised on here not to

[victoria_siempre]

Hi salbee

 

Confusion is clearly in the air.

 

Do not provide a budget sheet to any DCA.

 

Under some circumstances one might choose to provide one to an OC.

 

love

 

vic

[salbee]

Hi salbee

 

Confusion is clearly in the air.

 

Do not provide a budget sheet to any DCA.

 

Under some circumstances one might choose to provide one to an OC.

 

love

 

vic

 

Thanks, I think it was you that advised me before. What is an OC?

[victoria_siempre]

Hi again salbee

 

OC= Original Creditor. Some OCs will accept token payments if you provide a budget statement (CASHflow: Nationaldebtline is good). DCAs are bandits generally collecting on a commission only basis, but the nastier ones buy debts (that have been written off against corporation tax by the OC) for a few pence in the pound and rely on harassment; it is impossible to reason with a DCA, ergo, one should not provide them with anything. If one thinks an account is legally recoverable then one should make token payments to the OC.

 

I hope:-) this helps: any other questions just yell; and fear not, we've all been there or are there.

 

x

 

v

[salbee]

Hi again Vic, thanks so much for this. DLC are my worst nightmare. I do feel more empowered though since all the advice I have received here on the CAG.

 

None of our other creditors/DCA's hassle us, none ask for I&E and all seem grateful for any payment!! Most of them have received increased payment this month thanks to reducing the DLC payment.

 

DLC are a different story. When the Forces redundancies were being announced one woman (a supervisor) called me regularly to see if my husband was getting redundancy so they could have some of the lump sum! I complained about her and she was taken off our case. Vile woman - my heart used to sink when she called; it was so regular I recognised her voice as soon as she asked for me.

 

If DLC can't produce the CCA what then?

 

Thanks

 

Sally x

[victoria_siempre]

Hi Sally

 

Were I to demand money with menaces from you for an alleged debt that is not shewn on your credit reference file and, furthermore, for which I could not provide a CCA, would you pay me anything?

 

x

 

v

[BRIGADIER2JCS]

No CCA account in dispute the cannot enforce the

debt in court, but can continue ''collection'' activity.

[victoria_siempre]

Hi again Sally

 

Brig quite correctly states standing orders.

 

Anti-collection activities include ceasing payments and Foxtrot Oscar when they harass.

 

x

 

v

[citizenB]

I wasnt suggesting you did.. I simply thought you had.. provided a budget sheet

 

Hope that clears that up

[salbee]

Hi,

it has been very quiet on the DLC front but

 

this morning I received a letter stating

"we have received some new information regarding your financial situation which we need to discuss with you"

 

They have asked me to phone them despite them agreeing (by letter dated 05/04/12) that they will communicate by letter only.

 

Obviously I am worried about this latest communication.

They has so far been unable to provide me with the CCA but I have continued to pay £112.85 pcm because I feel I should.

 

Can anyone shed any light on what they could possibly be up to with this latest letter?

Should I call them?

 

BTW they agreed to my offer of £112.85 from my letter dated 15th March for 6 months.

..could this just be a way of getting me to call for a review?

 

They stated they would be after a new I & E list which I am sure someone here told me I don't have to provide.

 

Thanks again for any advice you may be able to give me.

 

Sally x

[unclebulgaria67]

No I would not call them, as they probably just want you to increase the payments.

 

Ignore or write back just saying that you do not understand their letter, so could they write back in plain English, stating what the purpose of their letter is and what has changed on the credit record that they had checked. Remind them that you wish to keep all communications in writing.

[salbee]

No I would not call them, as they probably just want you to increase the payments.

 

Ignore or write back just saying that you do not understand their letter, so could they write back in plain English, stating what the purpose of their letter is and what has changed on the credit record that they had checked. Remind them that you wish to keep all communications in writing.

 

bless you for that unclebulgaria67, I'm going to write to them straight away

 

salbee

[victoria_siempre]

Hi Sally

 

This is a standard computer generated letter (they don't have very many).

 

I am intrigued as to why feel you should pay some random person £112.85 p.m. whom cannot authenticate legal entitlement to an account.

 

No you should never call them. You might write, saying they're right about reviewing, and pay a lesser sum without negotiation; my feeling, were I you, would be to pay zero £ p.m. in the acknowledged absence of a CCA; and, no, our advice is never to supply a DCA with an I&E.

 

This is just my view, based on my experience; the final call is your's.

 

x

 

v

[victoria_siempre]

Sorry Uncle

 

Crossed wires

 

v

[dx100uk]

urm...

 

no cca and you are still paying such a large amount to a dca?

 

pers i'd drop them to £1pcm and get an sar off to the oc PDQ

 

do you recognise ths debt ?

 

is it showing on your OH's CRA file?

 

time to get reclaiming me thinks too.

 

dx

[sillygirl1]

Its a generic 'threat' letter. I would write back with the following

 

Dear dodgy DCA

 

You state you have received information about a change in my financial status - under Data Protection I am entitled to see where and what this information is, should it not be furnished within 14 days court proceedings for harrassment and defamation will commence without further working.

 

Go forth and do not collect thy bonus this quarter.

[Old Cogger]

press 9 for template letter of lies. says DCA, what will they send next press 10?

[citizenB]

Yep, agree with Uncle B. This is just another attempt at getting you to telephone.

 

Your response should simply be that you have no intention of discussing your financial affairs over the telephone. It is your legal right to demand that all communication is kept to writing. Especially in view of some of their breaches of OFT guidelines.

 

It will be interesting to see what "new information" they have on your financial situation

[Bandit127]

This is a standard letter from DLC in response to them mining your credit file.

 

You should ignore it IMO - it is an excuse to put you through the mill again for more money. I got exactly the same from them previously and I phoned them (this was before I knew any better). I was ill at the time and they got an increase out of me of £XX a month that I could not afford as a result. If you really want to write - then write simply that your circumstances have not changed and you will continue paying £XX.XX a month.

 

You also need to tell them (in writing) that they will communicate strictly in writing and that they will remove all records of telephone numbers for you under the Data Protection Act forthwith. If they carry on phoning/texting raise a complaint with them and the ICO.

 

Lastly - I presume they are still outstanding your request for a CCA? If so they cannot get a court judgement and should not even be hinting that they can.

Edited August 18, 2012 by Bandit127

[Lilythepink]

Don't be afraid of DLC, I must have had the same letter, I am with Payplan, and am paying a token payment of £1.00. Payplan asked me what was a token payment, when I told them the account was in dispute. I don't know who Payplan employ, but i would never recommend them to anyone. DLA £1.00 a month, and all others as well. They don't see your income or expenditure, they aren't allowed to harrass you, and keep everything in writing.

[salbee]

I have composed (and copied large chunks) of the following letter to send to DLC. Can anyone tell me if sending this is the right thing to do? Many thanks x

DLC

Buckingham Road

Brackley

NN13 7DN

 

 

ACCOUNT IN DISPUTE

 

Date: 02 September 2012

 

Ref: xxxxx

 

Dear Sir/Madam

 

Thank you for your letter of 13/08/2012, the contents of which have been noted. As you know I will not be doing any business by telephone with your company. I am sure you do not have any 'new' information regarding my financial situation but if you do then please put it in writing. Until you are able to clarify what the information is I shall ignore said letter.

 

Furthermore, 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 07/03/2012 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the following day. You have failed to comply with my request, and as such the account entered default on 21/03/2012.

 

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, my husband 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 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collectionwhich state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows:

 

 

2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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

 

Furthermore I shall counter-claim 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 anycredit 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

[Old Cogger]

maybe this.

LETTER CCA 1974 NON SUPPLY.doc