GDPR Cookie Consent by SimpleServe Privacy Script First reply from DCA - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

First reply from DCA

Collapse
X
Collapse
 
  • Page of 3
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 3 template Next
  • #1

    First reply from DCA

    Hi all. This is my very first thread on this forum so hey,I'm a virgin,be gentle with me!
    I received a demand (and mobile fone calls aplenty)from a DCA acting on behalf of a bank. This alleged debt originates from the late 1990's. Having researched and acted through various websites I was recommended to yours by a friend. Anyway,I was aware of the unenforceability aspect for this matter,so I carefully read through your first CCA Request template letter,which,so far as I could see,is directed either at the Bank or,as in this case,any DCA acting on their behalf. Maybe I got that wrong,because having sent it Recorded Delivery with a Postal Order for £1(no scannable signature needed!) which I made payable to the DCA,they have returned all correspondence and the P.O. saying I should send it to the bank direct. Is this correct?-after all they are the ones demanding money from me on behalf of their paymasters.
    I would have to buy another Postal Order as the one they've sent back is payable to them,not the bank. Seems to me they are just being obstructive as all they had to do was tell the bank they've received the £1!! What should I do next?
    Tags: 1st, act, addresses, assets, bank, bank account, best wishes, bills, card, cca, cca request, ccj, court, credit, credit card, creditors, dca, debt, debts, delays, email, estoppel, legal, letter, money, moorcroft, niddy, no cca, rbs, santander, signature, statue barred, statute, statute barred, storecard, template, templates, threat, unenforceability
  • #2
    Re: First reply from DCA

    I would be sending this if it were me ---> CCA Reminder - Unenforceability Threat
    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

    • #3
      Re: First reply from DCA

      Hi Cader and welcome to the forum.

      In addition to the template I2D suggests above, personally if I were in your position, I would consider setting up a line of dialogue with the bank as it appears they now have you under their radar over the alleged debt as they have now passed your details to a DCA to try and pester you into submission.

      It looks like collection activity is in the very early stages and the bank hasn't sold the alleged debt on, so the DCA will not want to waste too much of their time on being piggy in the middle between you and the bank regarding obtaining your CCA. hence they have returned your PO.

      I would be sending an initial CCA request directly to the bank, that way until they come up with an enforceable CCA it will be pretty easy to dismiss this DCA or any others the bank sets on you, as you simply respond to their demands with the "Account in Dispute" template which usually sees them go off to look for easier victims to pester.

      As for your wasted Postal Order, I'm not 100% sure but I think you can take it back to the Post Office and they will let you endorse it on the back and reimburse you the 1.00

      Good luck
      Last edited by alland; 18 January 2013, 20:52. Reason: Spelling error

      Comment

      • #4
        Re: First reply from DCA

        I'd agree with Alland. I had a similar dilemma with a DCA. Although I stuck to my guns and eventually THEY contacted the bank (which they should have done anyway as its them chasing you). Contact the bank direct is my advice though - remember I'd had a lot of experience and help from this site before so was willing to play hard to get.
        []Remember. Everytime a Soldier or Policemen loses thier job, everytime a school can't afford a book, everytime a streetlight has to be turned off - a bankers greed, incompetence and ineptitude played a large part. In Financial Services?, in a Bank? Then think on....you are helping this process along....

        Comment

        • #5
          Re: First reply from DCA

          Welcome from me also cader.

          Firstly, and you will be able to advise us I hope - is this in relation to a Bank Account or a Credit Card? This would make some difference.

          If this debt is from the 90s and no payment or acknowledgement has been sent in the last 6 years (possibly longer!!), maybe statue barred would be the best approach rather than unenforceability.
          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

          • #6
            Re: First reply from DCA

            Hi
            Yes you can cash the PO so long as you have he receipt for it but of course you have now wasted the cost of the PO and the recorded delivery, not a huge sum I know but still bloody galling, especially if money is tight.

            I had exactly the same problem with Moorcroft (i think) who told me to send it to MCS . I sent them a reminder and got the same reply , in the end I ignored it but it was only £250 and 10 months later I have heard nothing more, inspite of them threatening hell and damnation

            Comment

            • #7
              Re: First reply from DCA

              Thanks people. This was a credit card,but I can't go down the statute-barred road. I'll send it to the bank direct and we'll see what comes back. Will keep you posted.

              Comment

              • #8
                Re: First reply from DCA

                Sorry to be nosey but why can't you do statute barred

                Comment

                • #9
                  Re: First reply from DCA

                  Originally posted by jon1965 View Post
                  Sorry to be nosey but why can't you do statute barred
                  Exactly!

                  When did you last make a payment on this debt cader?
                  Let your smile change the world but don't let the world change your smile

                  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

                  • #10
                    Re: First reply from DCA

                    I can't do statute barred because I was making payments via Consumer Credit Counselling Service from 2004 until 2011. I stopped paying and went down the 3-letter/estoppel route advocated on the Get out of Debt Free website,which I did with all my debts. Mixed results and I'm a lot wiser now! This alleged debt is one of those,and there's supposed to be an estoppel on the bank concerned (ignored!).They have instructed no less than 4 DCA's,including the latest one which is the subject of this thread.I could go down the 3-letter route again as it worked with the previous 3,but it is obvious that the bank would have taken me to court (as others did!)long ago if they had an enforceable contract. I wish I'd found your site first,as you deal with real law-not pie-in-the-sky! I know from painful experience that the legal principles espoused about 'strawman' and Bills of Exchange Act do not work in Court-I only ended up with a Charging Order and 2 CCj's (and tantamount to being laughed out of Court!)
                    The process did work with a few creditors,but I know now this was not due to any estoppels or the like,just to the fact that those creditors did not have the enforceable paperwork.
                    I am now going to follow your case-law procedures with the remaining ones.
                    Last edited by cader; 23 January 2013, 14:06.

                    Comment

                    • #11
                      Re: First reply from DCA

                      That makes sense now although eventually hopefully this will be the outcome. You fend them off for another 5 years without making a payment or admitting the debt and there you go.

                      I maybe that the bank right back and say they have no agreement and thus can't enforce, more likely however they will send something back that may or may not be lawful.
                      Do you have any other documents such as default notices, notice of assignments etc. Non of those are needed now but always nice to have errors up your sleeve just in case

                      Comment

                      • #12
                        Re: First reply from DCA

                        Hi all. I have now sent off the CCA £1 requests to 3 'creditors' and paid by my wife's cheque so that they don't have my signature.
                        Because we have recently moved,I told them in my letters my previous and present addresses and my date of birth for i.d. purposes.All 3 letters were sent on 31st January.
                        One of them has written back asking for that very same info,and also my signature before they will supply the info..
                        One of them has asked for my signature alone before they will supply the info.
                        The third one has not replied at all,but cashed the cheque on 6th Feb.
                        They obviously want my signature,not the digital one on the letter for obvious reasons!
                        How would you advise I proceed in all 3 cases? Many thanks.

                        Comment

                        • #13
                          Re: First reply from DCA

                          hiya,
                          Two options i see (although others may correct me):

                          Send the template here stating they do not require your signature.

                          Wait for them to come back to you and remind them then they have failed to satisfy your CCA request.

                          When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                          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

                          • #14
                            Re: First reply from DCA

                            Originally posted by cader View Post
                            Hi all. I have now sent off the CCA £1 requests to 3 'creditors' and paid by my wife's cheque so that they don't have my signature.
                            Because we have recently moved,I told them in my letters my previous and present addresses and my date of birth for i.d. purposes.All 3 letters were sent on 31st January.
                            One of them has written back asking for that very same info,and also my signature before they will supply the info..
                            One of them has asked for my signature alone before they will supply the info.
                            The third one has not replied at all,but cashed the cheque on 6th Feb.
                            They obviously want my signature,not the digital one on the letter for obvious reasons!
                            How would you advise I proceed in all 3 cases? Many thanks.
                            Originally posted by missy View Post
                            hiya,
                            Two options i see (although others may correct me):

                            Send the template here stating they do not require your signature.

                            Wait for them to come back to you and remind them then they have failed to satisfy your CCA request.

                            Yes I agree..... this to the first two ----> CCA Request - Demand of Signature by Creditor

                            Just wait and see what they do next on the last one....

                            missy
                            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

                            • #15
                              Re: First reply from DCA

                              cheers i2d
                              When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                              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

                              Previous 1 2 3 template Next
                              Working...
                              X