DCA Heavy Handed Tactics

[NWMazda]

Re: DCA Heavy Handed Tactics

Ha ha, good call!

The tracking system is back up and my letter still shows as being in their system, ten days after posting!

Thanks a lot for the updates today, made me feel loads better to know I don't need to send another CCA request!

[NWMazda]

Re: DCA Heavy Handed Tactics

My girlfriend just texted me to say the DCA had gotten my letter as they've replied to it today. I asked her if she could text the content and did it have a CCA enclosed?

She said they are waiting for the CCA and she reckoned she couldn't text the letter as it was massive!!

Sounds intriguing!!

[SaltnVinegar]

Re: DCA Heavy Handed Tactics

My girlfriend just texted me to say the DCA had gotten my letter as they've replied to it today.

Good to see how much you can rely on Royal Mails service ;LOL

She said they are waiting for the CCA and she reckoned she couldn't text the letter as it was massive!!
Sounds intriguing!!

Trying not to jump to conclusions but if they are 'waiting for the CCA' then they [size=5]may be saying they don't have it which possibly means :UE

Fingers crossed for you, look forward to getting the full installment!

Best
SnV

[NWMazda]

Re: DCA Heavy Handed Tactics

I am guessing they'd need to write to Barclays for it or should they have gotten such a document when they bought the debt?

[NWMazda]

Re: DCA Heavy Handed Tactics

Okay, here is the letter they sent me today:

I acknowledge receipt of your payment of £1 in connection with your data request under the Consumer Credit Act 1974.

We are still awaiting a copy of your original agreement and statement of accounts from the original lender Barclays. When these become available they will be forwarded to you.

If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77 -79 of the Consumer Credit Act 1974.

We would like to draw your attention to the ruling in the case of McGuffick v RBS judgment dated 6 October 2009 in relation to "what is considered enforcement"; the judgment stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the Credit Reference Agencies as this is also not considered as enforcement.

Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remains intact. In view of the above judgment the account will remain with our collections department for collections activity to continue.

Should you require anything further at this point please contact me accordingly. I will update you on development in 21 days if there are no developments beforehand.

-----------------------

A few questions from me I guess.

1. Anything interesting in there?
2. Are they saying it's enforceable regardless?
3. What's his 21 days business when they have 14 to respond?
4. Are they saying they can deffo provide a true copy and is that enough? They say we will be able to provide a true copy which will comply.

Thanks!

[Never-In-Doubt]

Re: DCA Heavy Handed Tactics

Awesome, that was a case of not knowing that fact rather than forgetting it

So, to calculate when 14 days is up. It was posted on 01/10/10.

So they have the Saturday and the Monday 04/10/2010 as the two days.

So the twelve days are last Tuesday 05/10/2010 to Monday 11/10/10 of this week being six.

Then Tuesday to Monday next week being the following six.

So by my calculations, Monday 18/10/10 is the last day.

??? You sent it on 1st so by 15th it is classed as received! If they do not respond you ignore them as it is legally unenforceable until such time they do respond.

[Never-In-Doubt]

Re: DCA Heavy Handed Tactics

A few questions from me I guess.

1. Anything interesting in there? Nope - standard!
2. Are they saying it's enforceable regardless? Nope - where did they say that?
3. What's his 21 days business when they have 14 to respond? Nope, they have as long as they want to respond, it remains UE until they do!
4. Are they saying they can deffo provide a true copy and is that enough? They say we will be able to provide a true copy which will comply. Nope - stop worrying and wait til they respond, then email me the documents and i'll then tell you what to do next!

My replies are in red! Stop worrying, you're stressing over nothing and I don't have the time to keep saying the same over and over. Ok, until they respond you forget this - you pay nothing - you ignore it. When they do respond then and only then do you update this thread and email me the documents and i'll then confirm one way or another for you - simple right?

[NWMazda]

Re: DCA Heavy Handed Tactics

Understood. Apologies if I've been overupdating, I thought it would be okay to update on any letter received content rather than just the CCA content.

Sorry if I'm coming across in any way other than calm, I'm actually very calm but just curious as to what they're banging on about!

I'll await whatever turns up and send it on, cheers

[Never-In-Doubt]

Re: DCA Heavy Handed Tactics

I understand what you're saying mate but don't worry about what they are saying, you're inadvertently giving away the impression you're stressing by looking too much into their letter and the dates - put simply, you know they got your CCA Request - done! Now, they have replied saying we'll sort it - done! You now sit and wait.

What they say in their letters is 99% bollox and 1% accurate, you'll soon figure that out - and realise you look for what you want to see and ignore the main bull s**t they type in! It's a set format most the time anyway!

[NWMazda]

Re: DCA Heavy Handed Tactics

Hi Everyone!

Hope you're all okay, I've had a reply to my CCA request and it sounds positive. I shall lay it down here for your attention:

"Further to our previous correspondence regarding your request for information under the Comsumer Credit Act 1974, please find enclosed documentation with the original lender, as requested. (they included a printout of a statement from Barclays, 1999).

Due to the age of the account, the original executed agreement is no longer available and Barclays is unable to provide a reconstituted copy.

Your account will remain with our collections department for collection activity to continue. The demanding of payment is not considered enforcement and purely a step taken prior to the commencement of proceedings as in the ruling in the case of McGuffick vs RBS. Should you want to view the Judgment in its entirety, it is easily accessible via the internet.

Whilst we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our current failure to supply a copy of the original agreement. We are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay remains in tact. I trust the above information resolves this matter."

So, there we have it! I do have a few questions stemming from this naturally.

1. Should I respond with anything?
2. When they start to ask for payments, what should I do?

Any advice on this whole situation now?

Many thanks in advance for your help,
Steve

[Never-In-Doubt]

Re: DCA Heavy Handed Tactics

Well done. You now ignore it and stop payments. You win.

Yea they'll still ask you to pay but don't. If you get hassle tell me and I'll advise as appropriate.... Keep that letter safe!!

[NWMazda]

Re: DCA Heavy Handed Tactics

Huzzah, thank you for your support and your time and your knowledge, it is appreciated.

I shall keep that letter very safe, it's worth a lot of money!!

In my eyes, this serves them right for their greed. They were offered 7k in cash but they chose to try and get that charging order against my house and play the hardball game. Now, they have nothing.

Can I now officially use the wonderful unenforceable smiley picture?!!

[confused76]

Re: DCA Heavy Handed Tactics

hey well done mazda, i am pleased for you. frame it!

[NWMazda]

Re: DCA Heavy Handed Tactics

Good idea!!

I do have a question about a letter they sent, which arrived today.

I used to pay them via DD and of course stopped it at the start of this recent episode. They've sent a letter today talking about re-instating that DD payment on a certain date in December.

Now I'd imagine the answer is no, but there is no way they can re-ignite a DD payment from their end is there, which I stopped by deleting it from internet banking?

It's just so incredible that from recently trying to charge my house, they are now snivelling up asking for £28 monthly payments again.

[Never-In-Doubt]

Re: DCA Heavy Handed Tactics

Hiya

If you stop a DD Mandate it is stopped - the 3rd party can do nothing about it, you control DD's - not them. Don't worry.