Thread: DCA shoot themselves in the foot

A year ago . . prove it letter to DCA 1 (The account being claimed against had, as I thought been settled/closed by mutual consent )
10 months ago . . prove it /dispute letter to DCA 2
Recently . . statement (They call it an agreement so pay up . . yeh right ) from DCA 2

I'm not going to name names as we all know DCA trolls nose around the boards but DCA 2 have done me a great favour by sending the statement for it shows :

Dates of charges loaded on
Date of termination and the balance at that time (Same as on my CRF default)
Date of the last payment made

The default date on my CRF is for early next year BUT the last payment date is for a about three months time

Who says DCA's can't be useful . . mind you I still sent them an "Account in dispute" reminder and pointed out the error of thier ways re claiming a statement is an agreement and by chasing/demanding payment on an unsubstantiated/disputed debt

Oh well just sit back and wait ;-)

R

After querying the contents of the original letter the DCA sent I received a reply stating they had stopped all collection activity and are investigating my claims re OFT breaches (Chasing a disputed debt) and misleading claims (The statement sent was an agreement so pay up)

All went quiet again until yesterday when thier "Final Responce" arrived, here's the basic points they give . .

The reference to the statement being an agreement was (You guessed it) a clerical error

The "Documentation provided" (The statement) is all that's available from the client at this time (In other words they have sod all)

Mobile contracts are not covered under CCA 1974 (Nice of them to mention something I hadn't)

Then they waffle on about letters being dated this that and the other and getting it totally wrong anyway (Hard copies can't lie) and that they will start collection activity again in 14 days as they've supplied sufficient documentation (Yawn)

OH and they want me to send proof that the debt was settled etc (Yeh right)

I'm getting my reply ready but am I right in thinking that although the CCA doesn't apply there should still be a DN and NOA issued for mobile accounts and that without them the DCA is stuffed until they're found

I'll be very grateful if someone can confirm my thoughts on the DN/NOA

Regards

R

Who was the mobile company?

Originally Posted by cerberusalert

Who was the mobile company?

Morning cerb

o2

The dates shown on the statement are about right as it's from when my mother was terminally ill and O2 were being a complete pain so I went into one of the stores with a termination and letter paid all off

That was almost 6yrs ago but have lost my copy of final invoice etc

R

The problem is they don't need to provide copies of DNs or NOAs, even the original creditor won't hold copies of them. It might be worthwhile sending a SAR to o2 to see if there is any record of the termination etc, but with it being so close to being statute barred it may pay to string the DCA on a bit longer.

Originally Posted by cerberusalert

The problem is they don't need to provide copies of DNs or NOAs, even the original creditor won't hold copies of them. It might be worthwhile sending a SAR to o2 to see if there is any record of the termination etc, but with it being so close to being statute barred it may pay to string the DCA on a bit longer.

The statement they sent shows the last payment as being made in June 04 so I'm sure I can find enough to stall them despite the DN/NOA lark (No harm in asking though eh)

Thanks cerb

R

Originally Posted by merlin100

subbing with interest here. So if the CCA doesnt apply to Mobile contracts, what does?
What I mean is, how would one approach this regarding obtaining proof of the debt?

Hi merlin

For me this started before I knew about the CAG so all I sent was a basic I know nothing/dispute this so send me proof letter

It seems that mobile contracts are not covered by the CCA as they are a form of rolling credit (Not fixed)

Someone with more knowledge will put as both right I'm sure

R

Originally Posted by merlin100

Hi Revenent,
I asked because Ive just got rid of Freds demanding nearly £300 for an o2 account around 5 years old.
Sent them the CCA request, they replied saying they are unable to provide a CCA on this account and that I should obtain one from the OC - thats their job anyway, so Im now assuming its in dispute.

I tend to agree about the account being in dispute merlin so they should stop collection activity on you, whether they do or not is yet to be seen

I'm going to request further info and proof that the DCA has the authority to collect and throw some more bit's n bobs at them just to pass away the time

I'm certainley not going to pay for somehing that 02 messed up on

Good luck with yours

R