Paid debt to DCA in error - how do I get my money back?

[dragonstgeorge]

Hello,

I would be very grateful if you could give me some advice please.

In Dec 2006 I received a SD from Connaught COllections for just over a total of £6k - 1 for £4500 and another for £1500. We panicked about this and rang them up and they satted we needed to pay £300 to stop legal action - we could not really afford this amount (just before Christmas) but they would not 'allow' us to pay any less - so we paid £300.00 - we then rec'd more letters from them demanding extra payment although the telephone agreement was they would halt the SD while we tried to riase funds. We extended our mortgage to pay the debt back which we did in Feb 07. At no time did we think to check our legal status. Appx 5 months after we paid the debts we received another SD from Connaught Coll, this time we did check into this and used self help web sites like this one - it turns out the debt was not ours and we are already paying a different DCA for the same debt.

We then started to question the original SD's we rec'd from Connaught and in Sept 07 we wrote requesting a copy of our CCA for the debts - they wrote back advising they no longer held the paperwork and had been passed back to 1st Credit. We then sent the template letter which requests the money to be refunded and our credit file to be updated as they have not proved the debt was theirs to collect. To date they have not replied to this letter (now sent twice - 2nd time recorded).

Can you suggest what I should do next? Do I write to 1st Credit req copy of CCA and/or should I start small court proceedings to recover the money we paid. We have since checked whom we are paying for the debts we owe and it appears we are paying a differnt DCA for the same debt. Your advise is much appreciated. Many Thanks

[42man]

What was the debt for ? Connaught and First Credit are the same company (or at least First Credit own Connaught)....it might be worth sending a Subject Access Request to the original creditor, then if they do not have a CCA then slap these losers in court...

[dragonstgeorge]

Hi 42,

Thanks for replying - the debt was with LLoyds TSB - I think it was for a loan and overdraft. I knew 1st credit and Connaught were connected!!

iI'm happy to send an Subject Access Request to Lloyds - do you have a template letter I can use? as I'm not too certain what an Subject Access Request does or what it should say. I may have lost the original account numbers for LLoyds tho - will this matter when I send a letter to them?

Thanks again for your help!

[rory32]

Template for a Subject Access Request is here 1. Data Protection Act, Subject Access Request letter - List of charges It's a request under The Data Protection Act for all the info that a company holds on you. Legally they have to comply with this request within 40 days of receipt. The address to send it to for Lloyds is:

Copy Statement Unit
Lloyds TSB Bank plc
Swallow House
10 Swallow St
BIRMINGHAM
B1 2AL

[dragonstgeorge]

Thanks for the speedy response!

When I have my information from the bank, what am I looking for and then what do I do?

[42man]

You'll need to send £10 with your Subject Access Request request (it is the maximum that they can charge you).....don't hand sign the letter either (it has been alleged that some organisations might get a bit nifty with photoshop - highly unlikely with LTSB but safety first)......when you get back all the paperwork repost here, you are really looking for any assignments of the debt to a DCA, any Consumer Credit Agreements, If it was me i'd also send a CCA request to First Credit too....

[dragonstgeorge]

Thank you 42man, I shall do this post haste and reply back when I have heard back From LLoyds and !st credit,

Many thanks for your advice.