DCA ignored cca - now debt passed to 2nd DCA

[nat8808]

Hello all,

My basic question is this: Is it also an offence for the debt to be transfered to someone else whilst the original DCA is in breach of a cca?

I send a cca request to Wescott quite a while ago and they cashed the cheque and ignored the request.. Now, sometime after the 12+12+30 days I have a letter from Equidebt persuing the same debt, Wescott have dropped it.

I want to report Wescott to Trading Standards for non-compliance of the cca but this transfer to another DCA has confused things..

The whole debt seems to be being handled by yet another company on behalf of Halifax Credit Cards, the DCAs seem to be working for them. Besides all this, I agreed and paid a reduced final settlement for this debt directly with Halifax last year, yet it has still been passed to DCAs for the rest! That's another story..

[Curlyben]

Give this a go:

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

In response to your letter of DATE the contents is duly noted. As I am still awaiting compliance of my Consumer Credit Act s77/8 request with DCA1 this alleged debt is in dispute.

I must admit that I am rather bemused as to why this account has been passed to yourselves, as you can clearly see it is in default with the DCA1 creditor and has been since DATE.
Not only is this a breach of OFT collection guidelines, but also in breach of the Date Protection Act.
As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to the DCA1 for resolution of these defaults and breaches, as DCA2 cannot lawfully pursue any enforcement activities.

If DCA2 chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully,
BLAH

Edit as needed.

[diskmandave]

CB's letter is great, as usual. Here's another just to add a little choice...

You will be aware that as holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with Wescot Credit Services prior to your first contact with me, and has yet to be resolved. Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure. I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and complain to the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

This letter worked a treat with 2 different DCA's dealing with 2 disputed Barclaycard accounts.

Good luck whichever you choose!

Best regards, Dave.

[ODC]

I would also consider an official complaint to the original creditor as in the end they are responsible for the actions of these monkeys who are acting on their behalf

[diskmandave]

Originally Posted by ODC

I would also consider an official complaint to the original creditor as in the end they are responsible for the actions of these monkeys who are acting on their behalf

I totally agree with that, also ask for a copy of their dispute resolution procedure so that a FOS complaint is possible, these complaints attract an investigation fee starting at £400.00 regardless of the outcome.

Good luck, Dave.

[Hopeful1]

Originally Posted by diskmandave

these complaints attract an investigation fee starting at £400.00 regardless of the outcome.

He he he!! How i love the thought of DCAs paying out

[Hopeful1]

Yes, just realised you were talking about OC, but the idea of DCAs suffering always distracts me!

[diskmandave]

Who said you can't make a complaint against the OC and the DCA as well..??

Regards, Dave.

[ODC]

Get the original creditor on board and involved so as they can see the scum they use to act as their shylocks