Thread: egg have instigated DCA even though account in dispute - what now?

as above, CCA'd Egg on 16/07/08. They responded with an unsigned agreement and nothing else, no terms, no other info. Wrote back to them to tell them account in dispute as they have failed to provide etc. put in the dispute letter the usual about "you may not pass this account on" etc but they've completely ignored it and sent a letter back saying the account is now closed and will be passed to a DCA for collection

what do I do now?

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UPDATE:

letter received today from DCA Collect Direct (UK) usual pay up or else threat-o-gram, what's the appropriate response as Egg have been told the account is in dispute?

thought as much, thanks for the quick response

now receiving text messages from CD uk, what's a good written response?

Originally Posted by Mr lex

Hi Spaspecker,

I have not seen your first letter. You might like to send this to the DCA.

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in dispute with Egg/Barclaycard.

I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

If you proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

Yours sincerely,



Remember, don't sign the letter, just print your name.

Send it recorded.

If they take no notice of that, you complain to the OFT.


The Consumer Protection From Unfair Trading Regulations 2008 - draft


Regards.


Lex

apologies, I had not read what you said about my first letter, this is what I sent them:

Account In Dispute


You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On 14/07/08 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79)

On 18/07/08 a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply to supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of 14/07/08 I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your company enters into a default situation.

This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.


Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

*You may not demand any payment on the account, nor am I obliged to offer any payment to you.
*You may not add further interest or any charges to the account.
*You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account

I reserve the right to report your actions to any such regulatory authorities as I see fit, such as and not limited to the Office of Fair Trading, the Financial Services Ombudsman, Trading standards and my MP

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to your reply by return

Yours faithfully

they obviously do not care about what the law says and how it operates as they have instigated a DCA so any further advice would be much appreciated

on a personal note isn't it about time just one of these banking institutions were brought to boot concerning the way we as customers are treated before/during/after we make lawful requests such as this? time and again on this forum I have seen people in similar positions posting similar disputes to mine and not a damn thing is done when the bank/creditor/DCA steps over the/out of line. It's all very well us writing properly worded letters and taking the moral high ground but it personally grates me to see them get away with it time and time again - something must be done

rant over, responses appreciated as I am learning daily!!

UPDATE:

had another letter from these CDUK people today,

Dear

Despite numerous attempts to contact you we remain without receipt of payment or proposals towards settlement of your debt.

We are now considering instructing our PERSONAL REPRESENTATIVES to make attendance at your address to discuss your intentions towards our client.

If you wish to avoid this course of action you should contact this office within 3 days of the date of this letter to discuss your repayment proposals

Yours blah blah

this is after they received the letter suggested previously - what now? have I any legal recourse in writing to ask when they propose to "send the boys round" so I can arrange for the police to be in attendance to ask them to arrest for harassment?

Originally Posted by Mistermind

Anyone turning up uninvited at a private house can have his photo taken, his car registration plate noted down for action later.

If CDUK think their anonymous boys can turn up when they feel like to behave in extra-legal fashion, because they know where you live and you do not know what their names are and where they live,

Not so. You can logon to CompaniesHouse.gov.uk and obtain the name and private address of CDUK Company Secretary who is answerable to the law for what his "boys" get up to, not to mention answerable to their annual debt collecting licensors the OFT.

You could make it known by letter to said C.S. at his home address, that any uninvited kind visits by his boys can be reciprocated by your boys, at his home address.

thanks for the response - don't really want to get into a pi**ing match with these people and I'm not the slightest bit bothered about them turning up at home cos believe me, 6 years as a landlord in bristol has equipped me with a few *ahem* "tricks" wink wink, would just like to know what's the liklihood and what to do now? make them aware I "know where they live" or send registered correspondence to their clowns at home?

just tried CompaniesHouse.gov.uk but - quite simply - the site just does NOT work?

thanks guys - those 2 example letters have already been sent and it doesn't seem to have made any difference. I have just come off the phone to the ICO and they didn't seem particularly bothered about the fact that both Egg and CDUK have breached section 10 data protection act by continuing to process our data despite an explicit written instruction not to. The guy said they can only look into it if they have failed to respond after 21 days - this does not help me!! Trading standards were much more amenable and said they'd get straight onto it. I'm going to try fos next

just spoke to OFT, they said they were aware of my complaint because I'd already spoken to trading standards about it and they are the same company/outfit - I didn't know that!