Hi diddydicky, I have telephoned my bank several times regarding this, and Im prett sure they have a note regarding this on their system or something, as I was told that if i have given a company my card details even though they should'nt take payment they ususally will and that it was asn issue between me and the company involved.....

Please advise if anyoe thinks I may have something to go by or am jus bein silly...

BTW, how can a judgement be made that any money paid by me would be deemed a gift if a DCA are claiming that they are collecting money from a debt I owed to someone else.... indeed it can only be seen as a claim as there is no NOA......right?

D.....so wat you mean to say is basically the same as creditcardmug, in that I don't stand a chance in hell to claim back my money and it would only be deemed as a gift by the judge....?

As tempting as that sounds, I live with my parents it would be waaay too much hassle for them, and I also own a property so if I was to go into hiding for 6 years then there is nothing stopping my creditors from getting a chargig order, which I have been threatened with already....

Strong worded letter sent off to DCA last week, explicitly stating I want all money taken withut consent refunded and I want evidence of my ever giving them authority to take money from my account, and that if they can't do this I will be reproting them to the police, OFT, TS, ICO and makin their practices public in the media. I also pointed out that they were retaining my card details without consent, so that was thanks to you Bulletpoint and Diddydick... they have responded to my letter by putting my account on hold untill they investigate further... will keep you posted on the outcome of this 'investigation'!

Thank you, for the response creditcardmug, I assumed this to be the worst, I have been advised of exactly that with regards to an unenforceable CCA, but felt that maybe there was a possibility that if a DCA were stating that they had bought the debt from an OC, and were pursuing me for money for this reason, there had to by law have been a NOA, therefore making their activity in claiming money from me legal, however, if no NOA exists, then any Tom Dick or Harry who happens to know that I have debts could claim money from me, what I'm meaning to say is, how can they prove that they were collecting this money on a debt they had bought.....? Imagine, you have a friend or someone that you know happens to find out that you are in quite alot o debt, they then pose as a DCA threaten all sorts against you if you don't pay up..... does this not amount to fraud or embezzlement? In my opinion it would, so what makes it any different if an actual DCA does this? Am I waffling, and overthinking the whole thing and goin insane or does anyone else out there have an opinion on this

Can someone please advise regarding the above please?

britguy29 are the chgarges u incurred related to Direct Debits? i.e. did u cancel get a dd gt confirmation of this and then they sent the dd out anyway?

Thank u all u loveley people x

Thanks DiddyDicky

Hi guys, have posted several threads in relation to claiming back money from a settled debt if there is no enforceable CCA, I have been advised it is not worth me doing so, however, after SAR was sent to a dca, I have noticed there is no notice of assignment, so could i possibly take them to court and claim back money i have paid them on the basis that they were collecting money illegaly....? If not, then what if anything can I do? Thanks

Or rather see what they suggest...

Thanks payback..... ur right... am gna get onto ICO and do what they suggest...x

Thank you for that info Diddydicky, but could I pursue anything against the DCA for the search they carried out without authorisation or legitimate reason.... I am mad about this as they have also marred my CRF with a fraud alert...

Well done on your lil' victory x

Somebody please help!

|It's not a criminal offence for them not to produce a CCA, but that doenst mean they dont have to! Good luck in ur puruit against Hillesden am also on their case to produce a CCA..... btw love the pic..x

Thank you guys...... I will be doing this..... I have just encountered another problem, don't know if i shopuld start a new thread regarding this, basically was just lookingthrough my credit file, and there is a search on there by a DCA!! I never gave them permission to search my file and they never had any reason to I mean my ID was never in dispute, I was always making token payments on the account so it's not like they would have assumed I vanished into thin air! The search they conducted basically told them that I own property, and in a telephone conversation I had with the DCA earlier this year I rmbr a woman actually telling me that they had conducted a search against me and discovered i own a property, and in an attmept to get me to pay he tld me they would be putting a charging order on the property if I didnt pay the amount they requested (£500 per mopnth!) I questioned her why the search was conducted and her reason was because of thie size of the loan (admittedly it is a large loan £20,000) however, is this a justified reason for them to conduct a search behind my back? Which btw is showing negative info on my file as there is a fraud alert on there as a result of the search. Have the DCA broken any Data Protection Laws.... I am not happy bunny and am in the process of writin to them and possibly starting legal action against them, does anyone know of anything I can quote from Data Protection legislation? Also I have informed them I refuse to make any payments on the account and I am putting the account in dispute untill they can justify the search and obtain evidence of my giving them authority..... Am I making a mountain out of a molehill...? Please help

....If a DCA cannot provie an enforceable CCA, u settle the account on that basis, and then they somehow manage to locate a completely enforceable CCA.....?

Go get them I say, and have fun watchin them crumble.... How would we go about finding out if a DCA does hold a valid licence, I'm guessing this info is not kept with companies house...

I feel what u guys are going through I take it you simply had late payments on your account and not defaults, I currently have 4 defaults which will drop off after 6 years, however, I have accounts which I have no defaults registered with yet have late payments upto 6 months with 11 creditors....... so im in the same boat, whereby the accounts with no default will be available for everyone to see upto 6 years after I settle these accounts! Who said having a default is ALL bad!

If you don't mind me asking how did u manage to get the account written off? Do you mean there was an un-enforceable CCA?

Everytime I hear Cabot have no CCA..... it maes me want to screm as I have just paid them 3k on a debt which I never CCA'd!

Silverfox, not sure about that one, but I will certainly be getting in contact with CRA's today to clarify...