CCA requested - demanding payment Help!

[redgirl]

Hi

 

I sent off a letter requesting a copy of the credit agreement last week (Tuesday 27th). I have since received a letter (dated 28th Feb) stating that if we do not make our agreed monthly payment to them which we have missed of nearly £800, they will be taking further action if they do not receive this within 9 days of date of letter (28th Feb).

 

 

We were bullied by them into agreeing to make huge monthly payments to this debt - have paid them £5000 over the past 5/6 months. We cannot afford to maintain this. There is still around £2000 outstanding. It is only since looking at the advice on this site that we realised we were so scared we had not even asked to see how they have come to their figure, and if it is actually them we should be paying, hence requesting the CCA.

 

We are now worried as the 12 day period is longer than the 9 days they have demanded (if you see what I mean!). What happens if we don't make a payment within the 9 days even although they have had the letter from us.

 

Your advice and help as to what they might do would really help us.

 

Thanks

Redgirl

[kennyparkroad]

doesnt matter if they have recieved the letter (which i hope you sent recorded delivery) then the account is in dispute, which means they cannot collect money until they comply with your CCA request,

 

what i would do is write to them and state youve sent them a CCA request (on the date you sent it) and that the account is legally in dispute (attach a copy of the CCA you sent and send it recorded delivery) and simply inform them that no requests for payment can legally be made while the account is in dispute.

 

If anyone else has any ideas, feel free to add an opinion

 

Hope this helps

 

Kenny

[Phonesurgeon]

IMHO it would be worth it as well sending a S.A.R. (subject access request) to the original creditor to check for unlawful charges(same process as bank charges) and you might be surprised how low your debt becames(it has happened to me, the charges outweight the debt).

If the original creditor has "sold" the debt try to get the info on who they sold it to.

If the DCA name your dealing with cames up ask for a true copy of the Deed of Assignement.

Hopefully someone else with more knowledge will correct me if i am wrong.

[pmhcfc]

Hi

 

I sent off a letter requesting a copy of the credit agreement last week (Tuesday 27th). I have since received a letter (dated 28th Feb) stating that if we do not make our agreed monthly payment to them which we have missed of nearly £800, they will be taking further action if they do not receive this within 9 days of date of letter (28th Feb).

 

 

We were bullied by them into agreeing to make huge monthly payments to this debt - have paid them £5000 over the past 5/6 months. We cannot afford to maintain this. There is still around £2000 outstanding. It is only since looking at the advice on this site that we realised we were so scared we had not even asked to see how they have come to their figure, and if it is actually them we should be paying, hence requesting the CCA.

 

We are now worried as the 12 day period is longer than the 9 days they have demanded (if you see what I mean!). What happens if we don't make a payment within the 9 days even although they have had the letter from us.

 

Your advice and help as to what they might do would really help us.

 

Thanks

Redgirl

 

What Debt Collection Agency is it Redgirl? Do they own it or are they simply collecting for the company? Did they send this '9 day letter' second class post? What date was on the letter and when did you receive it...These sorts of things will give you the answer as to know if these are serious threats or (as they normally always are) empty one's...I would do all of the advice re previous posts- that is a SAR request to the original company..I bet there are charges on there that are reclaimable...Dont let the DCA scare you, that's how they make their money--bullying people into paying...

[redgirl]

It's Asset Link Capital. I am not sure if it was posted first or second class - envelope in the bin now. It was dated the 28th and received Friday. They signed for our Special Delivery CCA letter on the 28th. I am not sure if they own it or are collecting on behalf of the company. I am a bit confused. If they produce the credit agreement, does this mean they have the right to collect the debt?

Thanks again

Redgirl

[The Lantana]

Do exactly as kennyparkroad suggests in his post.

 

Regards

 

Lantana

[themadcap]

Hi redgirl,

did you send your first requet for CCA by recorded delivery as you have to be able to prove they received it, if not i would resend rec delivery with £1 postal order and a letter basically saying you have already sent a request but heres another, as soon as you can track the date it was received on royalmail.com you can start your 12 days and the debt is then legally in dispute until they produce the documents

hope this helps - please click my scales if does

cheers

themadcap

[pmhcfc]

It's Asset Link Capital. I am not sure if it was posted first or second class - envelope in the bin now. It was dated the 28th and received Friday. They signed for our Special Delivery CCA letter on the 28th. I am not sure if they own it or are collecting on behalf of the company. I am a bit confused. If they produce the credit agreement, does this mean they have the right to collect the debt?

Thanks again

Redgirl

 

If they haven't produced the original agrement by the 16th of march they are in default, which means you can stop paying them. If after a further calendar month (i.e 16th April) they still haven't produced the original agreement they have committed an offence and the debt becomes unenforceable unless they go to court to re-instate it (that's if they produce the agreement after the 12th April)..But they'd be a lot of explaining for them to do to the judge re their offence. It is lkely that if they are only managing the debt (as opposed to owning it) they will pass the 'debt' back to the original creditor on receipt of the CCA. They only say they 'may' take further action after the 9 days, but I wouldn't worry. Unless they magically produce the agreement by the 12th March, they can't take further action anyway..

As things stand now, you could fire off a quick reply to them re their '9-day threat' letter (as previously suggested) gently letting them know the account is in dispute and you will be making no further payments until the said dispute is resolved. Anything you send to them, send recorded delivery!!

 

Just one other word of warning...Be very vigillant as regards to what they send you, these DCA's have a habit of sending the application form as opposed to the original agreement. If they send you anything, make sure you come back here and report what it actually is..Don't worry about anything and keep us all posted on any developments.

[redgirl]

Thank you so much for all your advice and help - it is very much appreciated.

I will let you know how we get on.

 

Redgirl

[themadcap]

As it was received on friday the 12 days would expire on 14th march not the 12th so as soon as that date comes they are in default and the account should be suspended from then, but i would not make any more payments until they produce as that is showing acknowledgement of the debt

 

thanks

[djdave]

Chances are they'll fail to send the documents, but even if the worst comes to the worst and they prove the debt you should only offer to pay them what you can genuinely afford. Let them take you to court if necessary, and as long as you're being realistic about what you can afford to repay a judge would 100% side with you. Bullying you into paying more is a big no-no.