DCA and old mortgage debt

[give_me_it_back]

I haven't heard from either of them yet, although the 10.00 S.A.R - (Subject Access Request) cheque to CIS was cashed... does this mean they HAVE got some information on me..?

Halifax haven't cashed the cheque...

[give_me_it_back]

Or could it mean the DCA have just cashed the £10 but not used it towards the S.A.R - (Subject Access Request)? Can they do this legally?

[jo5ephedward5]

no they cant - but i'm sure time will tell if thats what they have done

[give_me_it_back]

Hi. I have heard back from the DCA. Halifax have still not acknowledged my letter, or cashed the £10 for the S.A.R - (Subject Access Request) I sent them.

What the DCA have sent looks absolutely useless, but I really need some advice. Are they able to claim from me with what they have sent me:

Their covering letter says "Further to your request please find all the information you are entitled to under the Data Protection Act. Please note that if you require a SARN request from my client, you should forward a coverting letter to myself and enclose a further cheque for £10 payable to Halifax."

a) Copies of all the letters they have sent me in the last 6 months. (I already have all those!)

b) More blank sheets for me to complete with my outgoings (I have already done this!)

c) A photocopy of a very unofficial looking print off entitled Cisac 2000 headed 'borrower details'. This has my name (incorrectly spelled) and my current address. Nothing more.

d) A second Cisac 2000 entitled 'account details'. This has the address of the old mortgage and a box saying:

original loss: £29,641.06
Sale £33,500.00
Gross loss: £28,770.06

Net loss: £28,770.06

e) A 'case history' report - which is just a typed sheet giving details of their involvement. This goes back to 15/9/05 - where it says:

CAUTION - NEW CASE. Take appropriate action. Completion date 22/10/92 Expired 22/10/98.

It then goes on to show that they traced me through Electoral register and Equifax, then a list of all the 'generic type' letters they sent me.

On 6/9/06 there is a note to say "Halifax have mislaid the file and have requested that we hold for 6 months and request details again"

I am tempted to tell them the same. Surely these 'details' are NOT enough to prove they have the right to collect the money? There is no signed agreement. In fact nothing official at all - everything they have looks to have come from their own office.

What steps should I now take?

THANK YOU to you!!

[give_me_it_back]

Bump... Help.. Please... I REALLY do need some assistance on this...

[gizmo111]

How much are they chasing cos it doesn't see mclear fro mthe amounts on what you have posted that you have received.

[give_me_it_back]

Hi. They're chasing the full amount - just over 28k. My question is - are they able to -since they have no legal documents?

[jo5ephedward5]

I'd be inclined to say they still havent provided what you require - as for forwarding your £10 etc to Halifax via them - rubbish - tell them you have done this to Halifax direct and they have yet to aknowledge it...

[give_me_it_back]

What about this..:

Thank you for your recent letter in response to my Subject Access Request in which you enclose copies of all the letters you have sent me as well as a photocopy of a print out of my name and address (my name is incorrectly spelled.) This is not the information I require.

I am still waiting to see a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

In response to your suggestion I send a covering letter to you with a cheque made payable to Halifax requesting a SARN, I would advise you that I have already done this. I am still waiting to hear from Halifax. They have until 11th November to respond.

I note that Halifax told you on 6th September 2006 that they have “mislaid the file” and have asked you to request the details in another 6 months.

Please feel free to contact me again in February when Halifax have passed this information to you. If I hear from them in response to my recent enquiry, I will contact you.

[give_me_it_back]

Bump... Please....

[alanfromderby]

If the DCA cannot provide proof of title, or any legal documentation to show they have the right to be collecting the debt, then you are within your rights not to pay them.

However, unless you have a dispute over the debt, you do have a duty to repay the Halifax.

Of course, there are numerous issues which could and should be investigated into the actual debt. For instance;

What valuations were made on the property before the sale?
What costs were involved in maintaining the property during the period between the repossession and the sale?
How was the house marketed and sold, and at what price?
What costs were involved in selling the property?
Has a claim been made against any indemnity insurance and how much was recovered?
How has interest been calculated from the start of the arrears?
What penalty fees, charges, and litigation fees were added to the account prior, and since, the sale of the property?

Whilst any claim for underselling, and unlawful charges, will bring questions about Limitation, that argument may be changeable as we know.

The point is this, clearly you owe them a large amount of money. However, they have fouled-up be misplacing the file. It is also likely that they sold the property without any concern to your best interests.

Without proof of title, you can threaten the DCA with Trading Standards, you can also bring in the Information Commissioner over the DSAR issues with the Halifax - especially the loss of your file. The Financial Ombudsman would also be very interested in the whole debacle.

All this provides you with a very good opportunity. You have them on the back foot - now use all the ammunition at your disposal to come to a much reduced settlement.

I would start at about 20% to call it quits.

[give_me_it_back]

Thanks Alan. I have written to Halifax, and they have not even acknowledged my letter. Do you think I should write to them again?

Also, what do you think of the letter I have written to the DCA? Should I be stronger and say outright that if they cannot prove they are entitled to collect, then I won't pay them?

The debt is between me and an ex partner, although the DCA cannot find him (an I don't know where he is) However, the debt would still be split between the 2 of us. 14k each.

thanks

[alanfromderby]

Originally Posted by give_me_it_back

Thanks Alan. I have written to Halifax, and they have not even acknowledged my letter. Do you think I should write to them again?

Also, what do you think of the letter I have written to the DCA? Should I be stronger and say outright that if they cannot prove they are entitled to collect, then I won't pay them?

The debt is between me and an ex partner, although the DCA cannot find him (an I don't know where he is) However, the debt would still be split between the 2 of us. 14k each.

thanks

I would start to play hardball with both Halifax and the DCA.

Whilst the debt is a joint one, it was almost certainly loaned on a "joint and several" basis. This means that if they are unable to get the money jointly, they are entitled to claim it off either one. Again though, without being able to provide the documents to prove this, you are in a strong position to get the debt reduced dramatically.

[give_me_it_back]

Thanks Alan. Do you think the letter is strong enough, or should I be harder? Also, do you think I should write to Halifax again?

[alanfromderby]

Originally Posted by give_me_it_back

What about this..:

Thank you for your recent letter in response to my Subject Access Request in which you enclose copies of all the letters you have sent me as well as a photocopy of a print out of my name and address (my name is incorrectly spelled.) This is not the information I require.

I am still waiting to see a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

In response to your suggestion I send a covering letter to you with a cheque made payable to Halifax requesting a SARN, I would advise you that I have already done this. I am still waiting to hear from Halifax. They have until 11th November to respond.

I note that Halifax told you on 6th September 2006 that they have “mislaid the file” and have asked you to request the details in another 6 months.

Please feel free to contact me again in February when Halifax have passed this information to you. If I hear from them in response to my recent enquiry, I will contact you.

I would not include the last two paragraphs.

Under Schedule 1 of the Data Protection Act 1998, the Key Principles of processing Personal Data put a duty of care on companies, and the loss of this file is a serious matter, and clear breach of those principles.

I would tell them that you cannot accept any delay, and that failure to receive the information from the Halifax by 11th November will result in a complaint being made to the Information Commissioner.

As they [the DCA] have failed to provide proof of title to the debt, no further payments will be made until the necessary proof of assignment is provided. Should they consider any enforcement action, then a complaint will be made to Trading Standards and the Financial Ombudsman.

Also draw their attention to OFT guidelines on debt collection, and the Banking Code, which also states that no enforcement action should be taken whilst a debt is in dispute.

[give_me_it_back]

Thanks very much Alan. I will do that today.