Dealing with DCA's

[Curlyben]

Re: Dealing with DCA's

This is dealing with DCA's on agreements covered by CCA74.
I haven't done any work on CCA06 agreements as yet.

Yes it is a part 18 request, but as I mentioned court action and defences aren't my area at all.
I have picked up a bit, but not really enough to advise on.

[Amethyst]

Re: Dealing with DCA's

Thanks CB - I'll try and do a follow up regarding the court action side of things before we get it up live.

:kiss:

[Amy]

Re: Dealing with DCA's

Can this be stickied?

I've only just read it as the permissions were a bit screwed, but it's such a good guide and it's hidden away from everyone.

[scoobydoo]

Re: Dealing with DCA's

Can I just as a really stupid question? How do they enforce credit card/loan agreements that are done on line with no signature ? I know you click the box saying you agree to the terms - but I bet 90% just click and dont read?

[Amethyst]

Re: Dealing with DCA's

Can this be stickied?

I've only just read it as the permissions were a bit screwed, but it's such a good guide and it's hidden away from everyone.

Yes with CBs agreement we'll put it up in the Debt forum, I need to add some parts about court processes to it which people need to be aware of first.



SCOOBS - there is the http://www.opsi.gov.uk/si/si2004/20043236.htm The Consumer Credit Act 1974 (Electronic Communications) Order 2004 which covers online applications/agreements.

I agree a huge % click the 'I have read the T&C's box' and don't read them, but also how many peeps sign contracts in shops/car salesrooms without reading.

I went with a friend to purchase a motorcycle on credit (against my advice but you know men and their toys) and christ the looks and shuffling of feet I had to endure when i got a pen out and sat down to read and check the contract through properly before letting him sign it !

Even Nelly today on here admitted she didnt read a interest free credit contract she signed in currys for a telly - and 5 months later has found shes been got for an extra £25 early repayment fee they hadnt told her about.

[Amethyst]

Re: Dealing with DCA's

Additionally CB can you let us know the originator of these letters (if its your work originally then theres no problem we can throw that back at them) - we can amend wording slightly if need be to avoid any hassle from certain quarters.

[Curlyben]

Re: Dealing with DCA's

The letters as posted are mine, the information has been gleened from various sources and adjusted by myself.

Feel free to make any adjustments as needed and I'd be happy for this to be posted on the debt board.

If there's any other information that's required feel free to shout.
There are a couple of points I haven't covered, for example pre May 2005 agreements where the terms MUST be within the signature document and NOT as a seperate T&C sheet.

Also I haven't touched on when a DCA produces an agreement without your signature or personal information and claims it s covered by SI1983/1557.
This is complete rubbish as without this information how can you validate the agreement.

As these are more specific cases they don't really follow the narrative flow within this piece.
I will write these bits up later.

[Curlyben]

Re: Dealing with DCA's

Also I haven't touched on the types of assignment as yet and the interaction between the Law of Property 1925 (LoP) and CCA 74.
Some DCA's like to claim LoP invalidates CCA, but, surprisingly enough, this is complete
cobblers.

That'll be my next job

[Amethyst]

Re: Dealing with DCA's

nice one....sounds like you're going to be busy

[Tools]

Re: Dealing with DCA's

Also consider complaining to the OFT

Complaints to OFT about DCA's

[SeaGull]

Re: Dealing with DCA's

Just read this and its excellent!
Thankyou just what I needed - Blessings

[drees5761]

Re: Dealing with DCA's

Fantastic guide, read it once and will read more times and absorb all the great information, thanks again for putting it into words we can (mostly) understand.
Me and my wife are in the process of going through with a debt relief order but most of our "debts" have been passed on to companies such as lowell and fredrickson international and a few names associated with them.
Would you advise holding off and sending letters (a lot of our debts are pre 2005) or continue with the debt relief order as this is causing a lot of stress.

[Curlyben]

Re: Dealing with DCA's

A DRO is a SERIOUS matter and should not be toyed with.
You are already on the right track and as such can happily ignore any DCA's that come knocking as they should NOT be contacting you about any debts included in this order.

Anything the DCA's have to say is pretty meaningless in this regard.
If you feel they are getting to much then report them to the person/court dealing with your DRO.

More information on DRO's here: Commonly Asked Debt Relief Order DRO Questions | UK Debt Relief Order, Debt Relief Orders UK

[drees5761]

Re: Dealing with DCA's

Thanks for your prompt reply... We have not gone through with the DRO yet but was going too in the next few weeks , do you advise putting it on hold.
Will look at the all the items that were going to put on the DRO and see how many are from third party chasers....it looks like 6 out of the 8 on my wifes are from these sort of people, would you reccomend sending the letters you suggest to these people?
Thanks again for the advice, so glad i found this site!

[Budgy]

Re: Dealing with DCA's

Just reading about the case in Manchester regarding s78.

How do we now stand when dealing with DCA and requesting signed agreements etc.

Does the recent case turn everything upside down