DCA Help

[KittyCat1]

Had a letter from a DCA regarding an old debt from about 8 years ago.Its been sold on from a previous DCA who couldnt provide a CCA to me back then.I did start paying the other DCA,but stopped paying 4 years ago,CCA'd them and as they couldnt provide a CCA they basically didnt pursue the debt.

4 years on i received the letter from DLC so i CCA'd them.Had nothing back.Then i SAR'd them.All they sent me was notes from an operator,a fair processing notice and a list of 3 credit reference agencies.No CCA,no DOA.

Then they sent me an A4 print out sheet with my name written across the top and an agreement number with the old payments made years ago.I told them this was meaningless as it could relate to anyone.

I reported them to trading standards,financial ombudsman and oft,however this morning i got a solicitors letter from aplins telling me to get in touch with the dca to arrange payment or they may commence court proceedings.

Any help would be greatly appreciated.

[LooLoo]

Re: DCA Help

Hi KittyCat and welcome to the forum.

Please note the use of the word "may".........

Can't offer much advice as only just begining my own UE journey so only just getting my head around the wonderful world of DCA's, but I am sure someone will be along soon to point you in the right direction.

LL

[Gerry]

Re: DCA Help

Hi kittycat

Dont worry they are just using scare tactics to try to intimidate you. Niddy will be around later to guide you in the right direction.

Gerry x

P,S. Dont get tempted to telephone the DCA, communicate with them in writing.

[Never-In-Doubt]

Re: DCA Help

Hi & welcome,

Basically as they cannot and have not processed your lawful s.78 request nor your sar (s.7) then theyd fail in any attempted action as they'd need to rely on the documents mentioned in their POC - they obviously won't be able to so you'll win.

However, in the meantime can you confirm what this debt was (ie bank act / credit card / loan etc) and what is the last known balance of the debt?

It'd be good if you could email me that agreement they sent you!! Or whatever it was, just to rule out any possibility they have one!

I'll sort u a specific letter to send both the dca/lawyer upon your reply. I'll be here all night tonight so dont worry. :niddy

[KittyCat1]

Re: DCA Help

Thankyou very much for the replies.The amount they have on the letter is for nearly £7,000. It was a loan for a car.The company went bust years ago so i know there is no paperwork at all for this loan which is why the first DCA couldn't supply me with any,the reason why i stopped paying in the first place after i CCA'd them.

I only had the car for a matter of months and returned it to them as it was always breaking down,thought no more of it,then got a letter from a DCA about 6 months later demanding payment for the remainder of the loan.I started paying for a few years,then CCA'd them after reading a few interesting articles on another forum,then didnt hear from them until this DCA got in touch 4 years later.

[Gerry]

Re: DCA Help

Thankyou very much for the replies.The amount they have on the letter is for nearly £7,000. It was a loan for a car.The company went bust years ago so i know there is no paperwork at all for this loan which is why the first DCA couldn't supply me with any,the reason why i stopped paying in the first place after i CCA'd them.

I only had the car for a matter of months and returned it to them as it was always breaking down,thought no more of it,then got a letter from a DCA about 6 months later demanding payment for the remainder of the loan.I started paying for a few years,then CCA'd them after reading a few interesting articles on another forum,then didnt hear from them until this DCA got in touch 4 years later.

They’re just chancing their luck and hope that they scare you enough to pay it. Send niddy the paperwork, he'll help you sort the scumbags out.

Gerry x

[KittyCat1]

Re: DCA Help

I've scanned all the paperwork but for some reason niddys emails are not working so i can't send it..

[Never-In-Doubt]

Re: DCA Help

Hiya

Ok i've read through everything, what a mess! No wonder you're confused - bloody hell, I would be as well.......

Ok, instead of me sat here chatting about the errors, it seems easier to actually do you a reply, which explains it all. Therefore, send the following letter back to DLC:

Dear Sirs,

Account No: XXXXXXXX

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted; however I have several discrepancies with the content of what you sent me, or rather what you did not send me.

To clarify, I originally wrote to you, in response to your letter, on 4th January 2011 disputing the fact you'd wrote to me, putting you to strict proof thereof which was followed up with a lawful s.78 (CCA1974) Request, dated 13 January 2011 - the £1 statutory fee was also attached by way of a Postal Order. As you never replied to my s.78 Request within the statutory 14 days, I then sent in a s.7 SAR in line with Data Protection Act 1998. You then replied to me with data that is totally irrelevant to me, let alone of any use to me. Since when did a s.7 SAR Request involve you sending me copies of your internal documents such as your DPA Licence credentials and guidance notes? The data you should have sent to me, and which remains outstanding, is as follows;

• Any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included).
• Copies of anything you have disclosed to a third party (with or without my express permission), along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
• Breakdown of costs and charges, for example returned payments, late payment fees etc along with your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.
• A true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

As my original s.7 request was sent on 25 January 2011 and the statutory 40 days for compliance is assumed as being 2 days later than this, in line with s.7 of the Interpretation Act (1978), which as we both know stipulates that it is provided that;

"where an Act authorises or requires any document to be served by post then, unless the contrary intention appears, the service is deemed to he effected by properly addressing prepaying and posting a letter containing the document and unless the contrary is proved to have been effected at the time at which the letter that would be delivered in the ordinary course of post".

According to the Civil Procedural Rules 1998 the date of service is deemed to be two days after posting; which confirms that your 40 days statutory deadline for compliance will expire on 8th March 2011. Unless you properly comply then a formal complaint will be raised with the ICO.

I'd like to point out that you claim I owe money, so I sent in a SAR which I expected you to know, assuming you're not the absolute assignee, that you therefore relinquish all rights and send the request to the original creditor. The information I require is NOT from you, as a DCA but from the Original Creditor that told you I owe this money. I really think you need to check with your manager prior to writing to me again, which for the record will be ignored until I am satisfied as to the authenticity of this alleged debt. Until such time you comply and reply (properly) to either my s.78 (CCA1974) or s.7 (DPA1998) request then I consider this account to be formally in dispute and I deny all and any claim made by you that I owe anything.

You need to come to me with proof, otherwise you are in direct breach of various legislation and I shall then look to counter-claim against you. Don't forget that I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. This guidance also states that it is unfair to pursue third parties for payment when they are not liable; and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt, you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

Yours faithfully


Sign digitally

[KittyCat1]

Re: DCA Help

Thankyou for the letter niddy,that was really good of you to do,however this morning i received a photocopy of the hire purchase agreement in the post along with the sale agreement between hillesden securities and capital bank.So thats it.Can't believe this,its from 1999,12 years old,but cant be statute barred as i made payments up until 2007.I'm totally gutted.It wouldnt be so bad if i actually had the car but gave it back to them after a few months,so im going to be stuck with this debt for nothing.

The only discrepancy,looking at the agreement,is as i gave the car back to them,on the agreement where it says 'termination:your rights' theres a figure of £5374.10, yet on the A4 sheet of payments made,the starting balance was £8,005.26.Last payment made,the balance was for nearly £7,000.

When i received the demand for payment from the first DCA years ago,stupidly and scared i suppose i never asked them for a breakdown of figures,just paid.Really don't know what to do now.I suppose i'll just have to admit defeat and start a long payment plan...Thanks everyone for your help anyway.

[Never-In-Doubt]

Re: DCA Help

Please email me the stuff, let me see it.

Include the cover letter as well. And calm down, it'll be fine. Let me look before doing anything, then we'll edit the above template to suit. But paying it, you will not be doing!!

I'll find fault. If there is an error I'll find the bloody thing. Don't you worry!

[KittyCat1]

Re: DCA Help

Ok, will do.But i wont be able to scan/email it until tonight tho,but i really dont think theres anything that can be done.I really can't believe this..after all this time i never thought this agreement would turn up.I'm absolutely gutted..

[Never-In-Doubt]

Re: DCA Help

Did u hear me? Calm down and let me see it!!

Gutted, why? It could be anything they've sent so before passing any feeling of gutted or sick let's have a wee mooch. I need to get some kip too, been up way too long lol

Try and get them over to me tonight. I'll be around till early morning again!

[LooLoo]

Re: DCA Help

Ok, will do.But i wont be able to scan/email it until tonight tho,but i really dont think theres anything that can be done.I really can't believe this..after all this time i never thought this agreement would turn up.I'm absolutely gutted..

Kitty if there is something that can be done Niddy will find it :niddy

x

[KittyCat1]

Re: DCA Help

Thanks.Just emailed Niddy with all i received this morning.I'm trying not to be too negative about it all but i really think they've got me on this...

[Never-In-Doubt]

Re: DCA Help

I'll put your mind at rest for you.

It's unenforceable so stop stressing!!

Back later. Eyes are like piss holes in snow