Non-compliance with CCA request, can i re-claim

[Dave777]

Hi there.

 

I have recently paid a DCA a sum of money for a debt that they claimed to have obtained through my original creditor. After this I made a CCA request which they have now defaulted on.

 

My question is, if the DCA did not have a copy of the original agreement between myself and my original creditor at the time I made the payment to the DCA, can i re-claim the payment from them?

 

Many Thanks

[Bigmac versus]

There is a thought that this can be acheived although im unsure if anyone has been sucessfull as yet.

[Dave777]

My opinion on this matter is as follows:

 

A DCA would surely know that they would not be acting in a lawful manner by trying to enforce payment if they didn't have a copy of the original agreement.

 

If this is the case, after receiving payment they were illegally pursuing, why are they not guilty of theft, as under the 1968 Act? s. 1-5

[Bigmac versus]

Were the DCA acting on behalf of the original debtor as an agent?

Had they claimed to have bought the debt?

[Dave777]

1.-(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.

 

Surely the appropriation in this case would have taken place when my chequed was received and subsequently paid in.

[Dave777]

Were the DCA acting on behalf of the original debtor as an agent?

Had they claimed to have bought the debt?

 

Hi george and thank you for responding. The DCA have simply referred to the original agreement (between myself and original creditor) as "to which you have now entered into with us."

[Bigmac versus]

You need to find out how they came about your details as i said were they acting as an agent or are they saying they bought the debt.

[Dave777]

Here is the original letter from arrears collecton department of the same DCA.

 

Dear Mr xxxxxx

 

Nationwide Debt Recovery Limited has tried to contact you in relation to this debt. They advise me that they have been unsuccessful so far and will shortly be issuing you with a Statutory Default Notice, which you will receive within the next few days.

 

The payment slip below should be used to make the payment demanded in the Default Notice.

 

PLEASE DO NOT IGNORE THIS NOTICE.

 

However Nationwide Debt Recovery may be willing to refund the administration charges that you have incurred because of these arrears, if you can clear the arrears on the account today.

 

Two days later I received a DEFAULT NOTICE under section 87(1) CCA 1974. These were the only two letters I have received from them.

[Bigmac versus]

Well yes if they dont provide you with details in regards to cca request you could claim back what has been paid to them, mind you it would be best to wait another 30 days after they default so they have committed a criminal offence.

[Dave777]

Thank you for your time and help on this matter george.