Re "Fidelite", a DCA presumably... can anyone help?

[cymruambyth]

Re: Re "Fidelite", a DCA presumably... can anyone help?

They are in default of your CCA request. Do not communicate because whilst in default they cannot enforce. Just remember that all the AAD letters have been written with legal guidance to ensure that the UE route can be followed.

[SaltnVinegar]

Re: Re "Fidelite", a DCA presumably... can anyone help?

I'm amazed that they actually bothered to send someone out on a home visit, especially for an account that is possibly SB. Make sure you keep their calling card, and if someone does turn up while you are at home tell them in no uncertain terms their visit is unwelcome!

They are not bailiffs, they have no right of entry into your home, no more than the milkman so give them short shrift.

[AlasPoorYorick]

Re: Re "Fidelite", a DCA presumably... can anyone help?

They are in default of your CCA request. Do not communicate because whilst in default they cannot enforce. Just remember that all the AAD letters have been written with legal guidance to ensure that the UE route can be followed.

Thanks for your response/advice. :-)

I now have no reason to communicate with them, however, I suppose Fidelite or Cabot or someone may write to me again on this issue.

When they do, I shall post on here what they say, and take whatever advice you good people may offer.

Many thanks.

:-)

[BuzzyBee]

Re: Re "Fidelite", a DCA presumably... can anyone help?

Their visit was getting very close to the CCA request statutory time limit (12 + 2 days), so I then posted them a reminder, to say that time is now getting very close to the CCA request statutory time limit, and I expect appropriate documentation to be sent to me very soon, before expiration of statutory time limit. I also told them that I know for certain that they received my original CCA request, and, as proof of this, with my reminder letter I enclosed a photocopy of the Royal Mail Special Delivery "Proof of Delivery" document. (In fact I also enclosed a photocopy of the original CCA request, itself)

This entire reminder documentation was written/designed VERY carefully.

I don't think you should be sending them reminders that they have not complied with your CCA request, however carefully worded. S.78(6) of the CCA is quite clear, if a creditor fails to comply, they are not entitled to enforce while the default continues. There is no requirement for the requester to send reminders and you don't really want to be reminding them.

I posted the reminder documentation by Royal Mail Special Delivery, to ensure I would have "Proof of Delivery".

There is no way they can pretend they have not received my CCA request. I know they have received it, and I know they received my reminder.

Well… they have now replied, and just within the statutory time limit.

Their reply letter states that… having read my recent correspondence, they are raising a query with the client, and in the meanwhile placing a hold on the account, to prevent any collections activity (calls & letters)

By 'the client' I believe they are referring to a previous DCA, because further up in the 'reference' section of the letter they state the creditor as being a DCA called "Cabot Financial Ltd".

I guess they bought the debt off Cabot. Or Cabot will pay a percentage to Fidelite, if Fidelite can get some money out of me. Or perhaps Fidelite is just another 'department' within Cabot. Or something.

Fidelite are just a DCA rather than a debt buyer. Their client would be Cabot but they wouldn't have the documents either, these will have to be requested from the original creditor.

Well, whatever, I doubt that Cabot have much in the way of paperwork regarding this debt, and Cabot in turn will have to refer back to another previous DCA, or something. (The debt is approx 8 years old, and I myself honestly cannot even remember who the original lender was)

In their letter to me, Fidelite state that the query process can take some time, but I should be assured that the account remains 'on hold', until they have a reply from the client. When they receive a response from the client, then Fidelite will be in contact with me again.

I presume, therefore, that this latest letter from Fidelite implies the debt WILL still be enforceable IF anyone can find the original documentation, regardless of how long it takes to find.

I sent a CCA request to Cabot back in January, they acknowledged it and said the usual about having to contact the original creditor for documents. I sent no reminders and there's been nothing but total silence ever since.

The debt *could* be enforceable *if* they can obtain the right documents, not necessarily originals but a decent recon, however, if you haven't paid in close to six years, by the time they come up with something, it may well be statute barred. Mine probably wasn't fully SBd in January but it certainly is now. Cabot missed the last train on this one.

I didn't want to mention SBd to them in case they decided to make a dash for the claims centre trying to beat the clock.