I've posted different questions surrounding some of my current debts but in one particular case I would like opinions on how to proceed. Situation is a debt was purchased by a dca some 5 years ago, at the time the balance was under £4000 . No interest was applied by the DCA and was in reality frozen by them. 5 Years on and after making regular payments albeit it greatly reduced payments I have now established that my debt has spiralled to almost £12.500 I have sent a subject access to the dca that say the own the debt and who I have been paying the reduced payments to for the past 5 years but this has shown any credit agreement. My question is this , notwithstanding the credit agreement not being produced or possibly not even available what is the point in my continuing to pay the dca any money? Each quarter I pay them a particular amount, each quarter they add more than what I've paid them by double as interest. So, in theory the debt will continue to rise. So, would it be best to cease paying them and invite them to take me to a county court? I am pretty certain that the interest they have so far attempted to charge me would be squashed, it hasn't been applied correctly and without a credit agreemeent I'm not even sure they can charge me but more important is to stem the flow of the amount of alleged debt. At least with a court order the debt would at least have a top figure and reduce each month if I paid it off. All I see is that in say 10 years time the debt has increased to 50+k on what was originally a 4k credit card and unsecured debt. I do not have any assets and am not in full time employment.

No nothing like that.

No, I've been paying a DCA until very recently.

Thank you for clearing up some of that. It has been over 6 years since hearing from the original creditor, I have assumed (rightly or wrongly) that since the DCA wrote stating that they owned the debt that they indeed owned the debt but after sending them a subject access request I can see nothing within it that shows where if any there is communication from the original creditor and there is nothing by way of a credit agreement from the original creditor. At the very least I would have expected sight of the original credit agreement.

Who do I address the form to? Would it be Data Controller? What is their headoffice? Although I have 3 accounts with them it has been over 6 years since I last heard from them direct and they have since sold two of them with the third being settled. Would they still hold the documentation after so long?

have to be first defaulted, then terminated and then and only then can it be sold? I have a default letter, it roughly corresponds to the date of the default added to my credit file (but was added by the DCA not the original creditor) but no termination letter. What I have after the default notice is a few months down the line a letter from the DCA stating that they own the account and to pay them? Would therefore the account have to have been terminated for the DCA to then take up the reigns? Also, is there a particular format the DCA must write to me in when stating that they've purchased the debt?

I shall shortly be making a Subject Access Request to MBNA and would like any opinion on what it is I can expect in return. I have three accounts with them, I do not intend to give them any account details when making the request but simply make the request in my name from my address. Do they supply the requested information? In what format is it sent? Document/ cd/ pendrive? What address is the best to write to them for the request? Who do I make the cheque out to when sending it?

Thank you for that Harrassed Senior, I have made a note of that letter. Does anyone have a copy of MBNA terms and condtions regarding a credit card from late 90's

I am not aware of any such law or regulation that stops a company from supplying their telephone number when calling. Many PBX systems automatically withold the number due to the source of the call having first to dial for an outside line (usually 9)

Sorry, I should have been a little clearer. There is no issue with statute barred, I have been paying them. It is just that I have obtained some information via my Subject Access Request and part of this is there is a letter stating that they purchased the debt way back in xxxx My concern is that they have appplied interest where they should not of and at the same time as this I would like to see a copy of the original terms and conditions of the original credit agreement to see if there was any provision for interest to be charged once they the original creditor had sold the account on to DCA. At this point I do not wish to divulge who the DCA are, I have a few matters ongoing with dcas' this is just one of them. I cannot quite understand how a dca can first say they have purchased a debt and then go on to say that if I want a copy of the original credit agreement that I need to apply to the original creditor? To me, if the DCA is charging interest then they should be able to provide a copy of the agreement and the individual terms applicable to me from that agreeement, afterall, they have purchased the debt but the Subject Access shows no trace of this document.

Does anyone hold a copy of the T&C on an MBNA Credit Card between 1996 - 1998? Or is there an online archive where I can find the aforementioned document? Failing that, does anyone know if when a debt is sold that the interest on the debt be frozen at that point? I received a letter from a DCA stating that they have purchased an account of mine (some years ago now) but after further checking it would appear that the DCA do not hold a copy of the original t&c and yet they have applied interest to my account.

I won't be paying them anything again that is for sure. So if they have purchased the debt it is them that has to provide the credit agreement and not the original credit card company? There is no refgerence to any agreement anywhere on their produced Subject Access Request. At the same time as this does the Subject Access have to contain copies of the exact letters sent to me and not as they say 'Representation of a letter sent on xx/xx/xxxx What course of action can I take against these people? I do not understand how they can without any notice or terms of agreement attempt to add on a single day over £3600 in one foul swoop and then twice more within a month add smaller amounts.

Hello everyone, registered a name through my friend bringing me to the site and although we have similar issues on some of our debts there are a few that I would like some advice on please. I recently sent a debt collection agency a Subject Access Request which they subsequently supplied on a cd. I do not understand some of their terminology and neither do I understand some of their methods of working out a balance. Contained within the Subject Access Request are pdf documents in respect of letters that they allege they have sent me. I have some of the letters but not all. But, should it be the exact copy of the letter they have sent me or can they send what they state at the top of the letter is 'Representation of a letter sent on xx/xx/xxxx' The problem I am having is that on some of these letters they address it to me but it is not my name but instead a computer code. Neither does it contain my actual account number but simply states 'Case Ref' but there is no case reference number . Where it says Customer Name it just gives some computer code. All the letters on the Documents state at the top Representation of letter sent on xx/xx/xxxx However all the letters are dated on the letter as the same date as in the date they compiled the file for the CD. Surely each letter should be a copy of the actual letter and not a representation of the letter? Part of my query is that on several occasions they say that the letter is a representation of the letter sent on such and such a day but I actually have a hard copy of the letter sent on that day and it is not consistent with the 'representation of the letter sent on that day.... Another part of my query is that some of the letters contain references to a balance on the day but the balance is not shown and it is their own computer code. At the same time as this I have not faltered with my payments to them and this is apparent in the statement part but several years in of paying them there are several entries from them that show them adding interest of £3675 on one single day and then a few days later £78 and a fortnight later £72 . There is nothing on the pdf file of correspondence from them that show why they have added so much money in one go and this amount was added after no gap in my payments were made to them. I have no idea why the large amount was added and it has doubled the amount they now say I owe them. I have never entered into an agreement with them, they simply sent me a letter saying that they had bought the account from my original credit card company and I just carried on paying them. Their are no agreements contained in the Subject Access and they tell me that if I want them I should write to the original credit card company. Surely if they want to try and charge me interest they should have a copy of the agreement so that the terms of the interest can be seen? I have decided not to pay these people any more but more importantly is there a case for them to answer? The interest they have levied on my account plus the amount I have paid them back since paying them more than pays off the account. Any advice is most welcome.