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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 4th September 2008, 13:16   #1 (permalink)
reduk054
Platinum Account Customer
 
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Default Attempting to return debt to Original Creditor

Hi All,

One of my credit card debts was passed to a DCA, who have not supplied me with my CCA request, and I believe that not only they, but also the OC have gone against OFT guidelines for numerous other reasons.

I do not agree with the amount that was "passed on" note - not "sold on", to the DCA and have refused to pay the DCA however am still paying what I can afford to the OC each month.

I have asked, amongst other complaints, for the OC to resume the debt, and for the DCA not to be involved, however I seem to be hitting a brick wall.

Does any one have any advice as to how I can get the OC to manage the debt, bearing in mind that the amount is in dispute?

p.s. I have advised the DCA that the amount is in dispute, and I have it in writing from them that they know that they cannot pursue a debt which is in dispute.

Thanks
RED
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Old 4th September 2008, 13:31   #2 (permalink)
Pinky69
Platinum Account Customer
Default Re: Attempting to return debt to Original Creditor

You don't have to pay anything if they haven't sent you a copy of your agreement on request/ If you choose to pay the OC then just keep sending them your payment - they will accept no matter what they say. On the charges dispute, make a formal complaint to the OC's complaints department and if they don't sort it out, send a complaint to the FOS - you have to have complained to the OC first.
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Old 4th September 2008, 13:42   #3 (permalink)
42man
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Default Re: Attempting to return debt to Original Creditor

Hi Red....hope you're ok.....

Have you made any CCA requests or disputes with the original creditor before they passed on the debt to a DCA ?
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Old 4th September 2008, 13:43   #4 (permalink)
42man
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Default Re: Attempting to return debt to Original Creditor

The reason I ask is that in the banking code it says this...

s13.6, reference information you may NOT pass on,IF an account is in dispute
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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

IF WE HAVE BEEN HELPFUL -PLEASE GIVE A DONATION TO CONTINUE OUR FIGHT

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Old 5th September 2008, 13:05   #5 (permalink)
reduk054
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Default Re: Attempting to return debt to Original Creditor

Hi Pinky and 42man, thank you for the advise.

Pinky, I have made a formal complaint to the OC, who simply advised that I should contact the DCA about the debt, and completely ignored my complaint letter, they did not address any of the points at all!! I have a pending complaint with the FOS, and following their advice, I did write to the OC, although I have not received their "final response" as yet. I guess that I will have to raise this dispute with the FOS, however I have recently not had much sucess with the FOS on another issue. It does look as though this is the next step forward.

42man, I do not have any correspondence that I can find which suggested that I had a complaint in place prior to the DCA's involvement, however the passage which you quoted may well be put to good use elsewhere! So thank you for that! Good to see you still on the site!

I think that i will press the OC for their final response on this issue and then escalate my complaint further.

Thank you!
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