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Suing DCA's


Pinky69
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I read recently threads about suing DCAs where a debt has been passed on from one DCA to another after the original DCA has failed to provide a copy of a credit agreement under the terms of the Consumer Credit Act. Legal and Trade did this and passed the debt on to Capquest. Over the past 6 months Capquest have sent me umpteen threatening letters, none of which is legally worth diddly sqaut. They won't be taking me to court and I have ignored the letters and collected them. Has anyone ever sued DCAs for this illegal action, what sections of the laws have been broken (Credit Act, Data protection, Human Rights?) what would be the legal basis of the action and what damages could be claimed? Thanks.

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Dannyboy's been on the sauce by the sounds of things. :lol:

 

I'll be suing Cabot under the DPA if they don't get their act together. No agreement, no right to process data, and they've ignored a statutory notice under section 10 of the DPA. Dear, or dear. Of course, the ICO might manage to sort them out. But if not, I'll be seeing them in court.

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Hi Seahorse,

 

Couldn't agree more (on both points!)

What I find frustrating is that, having read the forums, the OFT, IC, and FSA always seem to follow the money but not the law unless pushed into a corner.

Why is it you can get a dodgy lawyer to successfully get you off of a speeding/shoplifting/drunken driving/white-collar fraud/insurance fraud/accounting fraud/murder/whatever offence, but debt is off limits?

 

Yours questionning the status quo,

 

Newborn

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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