Advice Wanted Please

[pjd145]

Hello All.

Newbie here so hoping you will bear with me and point me in the right direction.

Recently sent the request to my bank to reclaim charges they have applied.

Now want to start sorting out the DCA's who are chasing for payments of the credit card debts.

Have kept all the statements from the Credit Card companies and have this week sent off the letters requesting full refunds of the charges applied.

Was making occasional payments to the DCA as and when I could do so but having read through the posts on here concerning some of those that I am having to deal with I am beginning to think they dont own the debts.

The questions i would now like to have answered to are

1) As I have written to the Credit Card companies for refunds does this mean that the debts are now in dispute. If so do I write to the DCA and advise them of this.

2) Do I now also write to the DCA and request a S.A.R. or would it be better to request the CCA or will I need to have both statement. (I assume it will be best to send these letters Recorded Delivery)

Looking forward to receiving advice and trust you wont mind if i need to ask more questions.

Many Thanks

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[tifo]

Originally Posted by pjd145

1) As I have written to the Credit Card companies for refunds does this mean that the debts are now in dispute. If so do I write to the DCA and advise them of this.

2) Do I now also write to the DCA and request a S.A.R. or would it be better to request the CCA or will I need to have both statement. (I assume it will be best to send these letters Recorded Delivery)

1. YES

2. CCA to see whether they actually own the debt but a Subject Access Request if you want to know what transactions have been happening on the account.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[lookinforinfo]

Hi PJD-welcome to the forum-and good luck reclaiming your money.
Whenever you write to these companies, send them by recorded delivery
and keep copies of what you send, and retain their replies.

The CCA is the best request to make since they need to produce your
original agreement at the very least, complete with your signature and
countersigned on behalf of the c/card company. They have 12 days to
produce all the relevant documents [allow an extra two days for the mail
delivery]. Failure to produce within the time puts them in default, and they
are not allowed to pursue you for the debt while the CCA request has not
been complied with.

You should send sars to the c/card companies if you have not done so, as
you may need access to that info should a Court case be necessary. In
addition, you should read the faqs on the first page of the forum, plus the
step by step guide in there as a minimum, and read some of the threads on
the individual c/card sections from which you are reclaiming.

[pjd145]

Oh what a great feeling that was

Got a phone call at 8.35 this morning from my friendly Capquest worker.

After the security questions. Informed him that the account was now in dispute and a letter notifying Capquest of that was in the post.

Asked why it was in dispute so i said because of possible illegal charges being applied to the account. He asked how much was involved so I said around £400. He said if he reduced the debt by that amount would I pay the account today. Told him no and could hear him getting more and more angry. Told him I was not going to say anything else to him and put the phone down on him. Was expecting another call at work throughout the day but it never come.

Really enjoyed getting a bit of my own back.

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