barclaycard , moorcroft, wescot, no CCA

[afcwben]

I sent off a CCA request to a DCA with a £1 postal order payab;e to the DCA.

 

They have returned it asking I make it payable to the Creditor. They have also asked me to cinfirm if I have ever opened an accoun t with their client and the balance.

 

They finally state if I am disputing the balance or feel it may be subject of fraud I should supply full details.

 

What is the best way forward do I send a payment payable to their client, and what is their role in this matter

[BRIGADIER2JCS]

You need not answer any of the questions, they ( WHO?) are

just being awkward so just amend the payment to the creditor,

it will save a lot of letter tennis.

Ignore all the DCAs rubbish.

[dx100uk]

if they are chasing YOU for money

 

then THEY need a CCA.

 

just send a blank po.

we typically recommend that.

 

is this debt on our CRA file?

sounds as if they dont even know WHAT the debt is or if it exen eists...

 

asking for our ehlp in nailing yourself!!

 

dx

 

 

dx

[intend]

Similar request from CSL to "kindly confirm whether acknowledge opening account" - trying to get you to acknowledge the debt. Best ignore.

 

Intend

[afcwben]

I made a CCA request and enclosed a £1 postal order, did not hear anything.

 

Eventually recieved a letter threatening further action, I responded disputing account due to non compliance with CCA request.

 

Letter recieved today from DCA claiming to have returned the CCA request due to the following

 

1) Not signed

2) Payment should be made to their client

3) CCA request should be sent to their clients address

 

What role is the DCA playing?

[BRIGADIER2JCS]

SILLY Bs. just send CCA request to the OC not

worth the trouble to play their game!!!

[Bazooka Boo]

Who is the immature DCA? Make sure you keep a diary of events with regard to their attempt to frustrate the legal process, it'll have the judge rolling in the aisles if it ever got to that stage, which it won't.

[Whoosh]

Allied Int did this to me last year, so sent it on to the original creditor as outlined above - for my purposes timescale still ran from the original request, and I would maintain that in your case while sending it to their client. Account is in dispute so remind them they should cease activity

 

Did they send the payment back? - if not make a fuss as they may try and claim it as a payment to the debt. Make it clear that it isn't.

[dx100uk]

if the dca doe not own a debt , then ignore them

 

dx

[Jam_Buttie]

Allied Int did this to me last year, so sent it on to the original creditor as outlined above - for my purposes timescale still ran from the original request, and I would maintain that in your case while sending it to their client. Account is in dispute so remind them they should cease activity

 

Did they send the payment back? - if not make a fuss as they may try and claim it as a payment to the debt. Make it clear that it isn't.

 

 

I have this on going issue with a DCA and OC. Sent a CCA request in, which they were unable to furnish me with within the time scale. So I placed the account in DISPUTE. They aknowledged the dispute, but the balance had reduced by £1.00, even though my letter stated that the £1.00 PO was NOT to be used for any other purpose than a CCA request.

 

I'm now in communication with someone higher up at the OC. The saga continues...

[dpick]

It seems we have another DCA above the law as in.

 

CCA 1974

 

section 175 Duty of persons deemed to be agents

 

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

I think this would cover a CCA s77/78 request as the DCA would be deemed as owner of the debt or the agent for the creditor.

 

dpick

[afcwben]

Maybe they don't think they are agents. That's my point what role are they certainly not agents for the creditor but they do love their red font

[postggj]

what about s.189 assignment is both rights and duties on an absolute assignment as well as s.175

 

you can bring in godebt v critchley

 

who ever is demanding payment is regarded as the creditor ,be it equitable or absolute assignment

Edited July 12, 2012 by squaddie

[BRIGADIER2JCS]

Personally I think there is to much qouting of this and that,

which is going to achieve the square root of NAFF ALL>

if you want the CCA send the request to the OC end of story.

[afcwben]

I was being chased by Moorcroft earlier in the year so I sent off a CCA which they did not comply with so I sent off a letter putting the account in dispute.

No more heard until

 

today when Westcott are now chasing for the same debt.

 

Any body out there who can give me the text of a letter I can send to Westcott, because I assume this is not right

 

thanks

[zydeco]

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

I think this is the one.

[Bandit127]

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

I think this is the one.

 

Careful with the line about S.127. That was repealed in the CCA 2006 so only applies to agreements made prior to Apr 2007.

[afcwben]

I was being chased by a DCA (Moorcroft)

 

I sent a CCA request after waiting for the required time I placed the account in dispute and heard nothing more from them.

 

I subsequently received another communication from 2nd DCA (Westcott) who states they now own the debt and were asking for payment.

 

I wrote back to the 2nd DCA stating the account was placed in dispute and the original DCA had breached the rules by passing the account to them.

 

I have now recoeved 2nd letter from Westcott

 

Their opening paragraph states

 

"We refer to your recent communication. Having contacted our client they have advised the only dispute that has been raised with Moorcroft was a CCA request and this was deemed unenforceable.

 

In the circumstances we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return"

 

If they are saying it is unenforecable why are they asking for money, or have I misunderstood this?

 

Guidance would be appreciated.

[intend]

Ignore - who was the Original Creditor and what was it for.

 

If unenforceable they can chase the debt but cannot take you to court. You need to be certain the debt has been sold. Have you had a notice of assignment??

 

Intend

[BRIGADIER2JCS]

Return With the following,

to the Compliance Manager at Westcott.

 

Ref: as on their letter.

 

 

Dear Sir or Madam,

 

I refere to your companys letter dated xx xx xxxx regarding the alleged debt for £ xxxx which you claim is owed by me, please note I do not acknowldge any debt to Wescott or any company you may claim to represent.

 

I find your response to my letter dated xx xx xxxx incomprehensible I made a lawful request under section 77/78 of CCA 1974 which Moorcroft were unable to comply with,

your statement implies that no agreement was extant and or an such agreement was enenforceable so NO the dispute is not resolved.

 

Therefore I must insist that this matter is in dispute until a fully compliant copy of any alleged agreement is furnished, no further correspondence will be entered in to.

 

The whole matter is to be reffered to the OFT with immediate effect.

 

Send RD

[afcwben]

Ignore - who was the Original Creditor and what was it for.

 

If unenforceable they can chase the debt but cannot take you to court. You need to be certain the debt has been sold. Have you had a notice of assignment??

 

Intend

 

Original creditor barclaycard not seen any note of asignment. Will take Brigadiers advice on this it seems to the point

[robcag]

Original creditor barclaycard not seen any note of asignment. Will take Brigadiers advice on this it seems to the point

 

When was the account opened? IME (3 accounts CCA'd) Barclayshark do not have any agreements for older accounts. Ours were from the 1980s I think.

 

Rob

[afcwben]

cant remember when opened but they dont have the agreement

[dx100uk]

CRA file?

 

dx