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A friend of mine who is in a bit of debt recently CCA'd a variety of DCA's, none have replied except one who told them to get in touch with the original creditor. They did not do this and they recieved this letter yesterday. This has had all personal detailes removed and left the letter element. What should the response to this be?
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Re: A DCA's response to a CCA request
Hi BB1956,
Firstly if you have documents like CCAs in particular which have personal details and which require specific opinion you can always use our secure section to upload to. Only Niddy (never-in-doubt) can see this area, not even the moderators can see it and you csan only see your own stuff. This might be useful to you later.
Have a read here:-
>http://forums.all-about-debt.co.uk/s...72&postcount=5
And I would be further inclined to send them this suitably tailored to your specific needs:-
>Unenforceability Templates - Section 1#temp-1-2
They, as they are acting on behalf of a "client" have a duty under the legislation and the guidelines to fulfill the obligations placed upon them
regards
Garlok -
Re: A DCA's response to a CCA request
Send this back >Originally posted by BB1956 View Post
CCA Reminder - Unenforceability Threat
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Re: A DCA's response to a CCA request
Fredrickson International by any chance? They are known for trying this on.....Originally posted by BB1956 View PostRemember the mantra:
NEVER communicate by 'phone.
Send EVERYTHING by Recorded/Special Delivery
Keep a copy of EVERYTHING sent
Keep hold of EVERYTHING received
PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: A DCA's response to a CCA request
See sections 2.4 to 2.7 for reference.
http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdfI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: A DCA's response to a CCA request
FYI,
Crappyquest are also up to this now.......
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Happiness, is screwing over a DCA.......
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Re: A DCA's response to a CCA request
The template in relation to post1 that should be sent is quite simply this one here: ---> Unenforceability Templates - Section 1
That is the reminder that clearly outlines "you were also reminded that you are obliged to supply this under s.189 whether you are the original creditor or not"
I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
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Re: A DCA's response to a CCA request
Yup all boils down to s.189 CCA1974 againOriginally posted by rizzle View Post
I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.ukComment
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Re: A DCA's response to a CCA request
If this is Freds, they tend to ignore s.189 and pass the account to Bryan Carter. As BC like to issue court papers like confetti, it may be prudent to send an additional CCA request to the original creditor and inform Freds that you've done it, even though you shouldn't have to under CCA law.Originally posted by Never-In-Doubt View PostThe template in relation to post1 that should be sent is quite simply this one here: ---> Unenforceability Templates - Section 1
That is the reminder that clearly outlines "you were also reminded that you are obliged to supply this under s.189 whether you are the original creditor or not"
They certainly don't expect people to do this and it tends to muck up their plans for an easy CCJ.
Remember the mantra:
NEVER communicate by 'phone.
Send EVERYTHING by Recorded/Special Delivery
Keep a copy of EVERYTHING sent
Keep hold of EVERYTHING received
PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: A DCA's response to a CCA request
Hmm, good point.....Originally posted by PriorityOne View Post
Who is the DCA in question?I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.ukComment
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Re: A DCA's response to a CCA request
Are freds and bryan carter and co not at the same address ?Last edited by PriorityOne; 30 December 2011, 20:31. Reason: Posted my reply here by mistake..... oops!! lolComment
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Re: A DCA's response to a CCA request
Yes.... CCA requests for Freds. are even signed for by "Carter".... (sols.)Originally posted by pompeyfaith View Post
Remember the mantra:
NEVER communicate by 'phone.
Send EVERYTHING by Recorded/Special Delivery
Keep a copy of EVERYTHING sent
Keep hold of EVERYTHING received
PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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