Inside a DCA!

[stapeley]

But why would the OC claim that the debtor had made a large payment during the missing month? Surely stapely is putting forward the 'hyperthetical' arguement that he could claim they have failed to provide one months statement because he (the debtor) had made a large payment which they wanted to hide.

 

But if my interpretation is wrong I'm happy to look at this again.

Misunderstanding i think . Was just checking about a missing statement. I thought all statements must be produced when requested . Could it not be argued that a missing statement could contain certain payments or charges? example JUNE statemants shows account in debt £2200, then August shows debt £2800. Surely a creditor should have to have proof of total debt. Showing interest added etc at all stages ?

[lizzy40]

Onthebrink

 

Have a few queries on DCA's

 

Not sure if Restons are Dca's or solicitors or whether that matters. If ccj applied for a debt outstanding and this wasn't challenged at the time of court would the DCA have provided a copy of the agreement to the court for the ccj to be given, do they need to prove to the court it is in fact enforecable?

 

Also are collectors for council tax arrears DCA's or are they different?

 

If a debt passed to a dca but it was then paid up with oc are the collection charges the dca put on the account enforceable?

 

What a great wealth of information...

 

Lizzy

[onthebrink]

‘The role of the supervisor’

 

Lets just start by setting out the hierarchy of a DCA:

 

Debt Collector/Account Manager

The person you talk to when you call.

 

Team Leader/Legal Advisor

A more experienced debt collector that is responsible for a section of the floor or legal queries. They also provide the initial ‘on the job’ training. However, they are just glorified debt collectors and they can often be ‘the supervisor’ when you demand to talk to one.

 

Supervisor

See below

 

Manager

Is responsible for the management of the accounts returned to the OC. To ensure compliance with the DCAs policy and procedures. They will also get involved in complex disputes or complaints.

You will rarely talk to them unless you have formally complained and had that complaint accepted (racial abuse for example).

 

Senior Manager/Director

Responsible for all operational matters throughout the office. You will never speak to them, no matter what the issue.

 

 

The Supervisor

In some DCAs the supervisor can also be the ‘manager’ but normally the responsibilities are segregated.

 

The supervisor’s role is:

 

Firstly to ensure the accounts are turned over at an acceptable rate.

 

DCAs work on the rule of percentages. If they have 5000 live accounts for a client (MBNA for example) they will want the team to turnover 20% per day (so all the accounts will be turned over in 5 days), which equates to 1000 accounts per day. With 10 debt collectors that equates to 100 accounts per day. The database, as we have already seen, is automated to just keep calling throughout the day until there is a response. So you can end up with 3-5 calls a day.

 

The supervisor will be made aware via a system pop-up if the daily target is not going to be matched. It is her responsibility to speed up the calls through a number of methods, including removing debtor accounts on the list to be called where there has been no previous response (these can be allocated to a ‘night call’, which is after 6pm). The supervisor can also select all accounts with employer telephone numbers and delegate them to a team leader to call. Or they can select all accounts where the debtor has failed to pay the monthly instalment and pass them to a team leader. There are others but I think you get the picture.

 

Secondly, to ensure the weekly recovery rate per client (OC) is achieved. This is the total revenue recovered from debtors for each defaulted account. This is purely a monetary value and will be linked to debt collection agreements made with the OC upon account set-up. With some OCs there is a set limit of repayments required. For example the OC will have an agreed contract with the DCA to only accept repayments that are equal or more than 1-3% of the total debt outstanding.

 

Thirdly, to resolve complaints both informal and formal, and this can be either in writing or on the telephone. Normally, if you had a complaint it will be heard by a team leader. If the team leader cannot resolve the complaint, or prove either way whom is correct, they will request supervisor intervention. The supervisor can listen to any call recorded within the last 7 days instantly via the archive, or the last 28 days via request to the archive administrator (normally takes 48 hours). The supervisor has the authority to issue a formal apology, and can dismiss on the grounds of gross misconduct without further reference to management. Normally the account will be returned to the OC with an explanation as to the DCAs inability to pursue.

 

Fourthly, they are responsible for the ‘final determination’ on an account. The aged debtor cycle as previously stated will just keep plodding forward if you don’t respond, but even if you do, there will come a day when the account will automatically be passed for ‘final determination’, or the account manager/team leader can request an F12 (as it is known) to the supervisor.

It is the supervisor’s main responsibility to determine the future direction of the account. I posted some outcomes very early on but here is a more definitive list.

 

1) Agree payment plan of £?

2) Restart payment plan of £?

3) Refused payment plan of £? (constant default)

4) Refused payment plan of £? (below de-minimus)

5) Refused to pay, (can but won't) – recommended CCJ.

6) Recommend Legal (CCJ) - because of 'reason' (i.e. positive equity)

7) Recommend write-off - because of 'reason' (i.e. Bankrupt confirmed)

8 ) Recommend return to client - because of 'reason' (i.e. in dispute - CCA)

9) Recommend return to client – complaint (OC or DCA – accepted/rejected)

10) Recommend visit - because of 'reason' (i.e. no contact in 120 days)

11) Recommend visit – because of ‘validation’

12) Pass back to client - because of 'reason' (i.e. legal enforcement not possible)

13) Pass back to client (end) - because of 'reason' (i.e. Doctors note/death)

14) Pass to technical team - because of 'reason' (i.e. Legislation quote)

15) Pass to legal/solicitors – because of ‘reason (confirm house sale)

16) Uneconomical to pursue - 'reason' (2+ CCJs on file)

17) Pass to…. (other DCA or local agent) reason (debtor pays

18 ) Recommend accept F&F offer (£ and %)

19) F&F accepted (£ and %)

20) F&F accepted (over 80%)

21) F&F accepted (client offer 35% reduction)

22) Return to client - Debtor not in default/not issued

23) Return to client – Debtor confirmed settlement in full

24) Return to client – Debtor confirmed subject to CCJ dated?

25) Return to client – other (detail)

 

The debt will be determined and returned to the client. The file will be suspended and moved to an archive and if you call they will request you contact the OC as ‘we are no longer dealing with the account.

 

The OC can then choose to take the action as requested, or pass to a different DCA and the process starts all over again.

 

Sad I know, but look on the bright side. It is job creation after all.

 

 

Why should I care?

 

You don’t have too, to be honest, but the supervisor will review everything you have told them and make a judgement, not based on your ability to pay monthly, that stage has passed (with them), but on the best and most likely outcome for the OC. The supervisor will take into account ALL information from all sources, and will ensure that the DCA has fulfilled it’s responsibilities to the OC.

 

Up until this point, it is fair to say, you have not been treated ‘fairly’, but when the supervisor makes the ‘final determination’, he will base his recommendation on what would be ‘reasonable’ and ‘realistic’.

 

HINT: If you do have an interaction with a supervisor then be polite, helpful (but not to helpful ) and be concise but precise about what you are trying to achieve. For example, if you want the debt written off because of no CCA, say so. Explain why that would be ‘reasonable’ and ‘realistic’.

 

NOTE: supervisors are trying to achieve a different outcome than the debt collector/account manager. You will be talking to someone that knows what their talking about and is trying to find the best solution. If that means a CCJ or even bankruptcy, or likewise, if it is a write-off or token payments, then that will be the final determination.

 

I should end this with a real fact. The chances of you actually talking to a supervisor will be VERY unlikely, unless they call you. It is rare to ask to speak to a supervisor and they allow you to. It’s not personal, it’s just the policy of the DCA. Supervisors are important people in the DCA process so if you do get a chance to talk to one, use it wisely.;-)

 

I hope this helps.

[onthebrink]

Hi brink following your thread avidly & think it's very,very helpful

 

However must take issue on 1 particular point & thats' the DCA's right to 'pass the buck' if they don't have copies of the CCA or account statements required to fulfil a CCA request.

 

This is wrong in law. In law any agent of the OC has a duty to comply with the CC Act & without a doubt that includes complying with statutory requests.

I agree 100%. Never said or claimed otherwise. Under the CCA the agents does have a legal responsibility to pass all request for information to the OC.

And I have affirmed that the debtor can make a formal complaint on the grounds of this non-compliance,

BUT,

my point was that DCAs (the bad ones) make the rules up as they go, and while your bogged down 'standing up for your legal rights' the clock is ticking toward a CCJ.

My advice was to bypass the DCA, go to the OC and get that confirmation that they do not have a valid CCA (remember the DCA must hold the account while you do so). Then sit back, fat, dumb, and happy :grin: in the knowledge you have the upper hand.

Then start a legal complaint on their failure to comply with (i think it's s175, off the top of my head, but if I'm wrong please drop the correct section in) the CCA.

But all good DCA will always pass the request to the OC.

 

The reason that DCA's seldom have copies but don't is for the reasons your describe.

 

This has come about because the finance industry have introduced business models intended to save money & make life easier but which have little regard for their legal obligations - and why not - they have gotten away with it for years.

Agreed.

 

Now they only have their own avarice involving extortionate charges to blame for the reason that it's now their former foolish actions are coming home to roost.

 

Anyway my point is that any agent acting on behalf of the OC IS required to fully comply with the law & if for ANY reason they can't they like the OC will be guilty of whatever offence is proscribed by law

 

[onthebrink]

Misunderstanding i think . Was just checking about a missing statement. I thought all statements must be produced when requested . Could it not be argued that a missing statement could contain certain payments or charges? example JUNE statemants shows account in debt £2200, then August shows debt £2800. Surely a creditor should have to have proof of total debt. Showing interest added etc at all stages ?

 

Yes stapely, that could be argued, BUT, it won't stop them pursuing a CCJ.

[onthebrink]

OMG I might have c****d up here!

Was in a bit of a flat spin yesterday, faxed & sent a copy of letter to CL FInance yesterday also the court, tried emailing court that didn't work so faxed them as well.

 

I might need a bit of help with what to take to court with me, so I will ask learly next week

 

Cheers for help.

 

I have been trying to contact Sheffield Court & no one answering telephone always busy.

Anyway Yesterday I have sent a fax to CL Finace saying that they have failed to produce the requested documents although they have provided some but not all...by any means.

 

 

 

As I have been trying to speak with some at the court without success I have sent them an email but I don't know if it is too late ...this is what I have sent ..

Good afternoon

 

Can I say first of all I have tried several times to contact Sheffield court via telephone (01142 812400) and on each occasion I have not been sucessful. The switchboard is busy... music then played ..connecting you to switchboard..can't connect you at this time.. please try later..

 

I needed to ask if I need to submit to the court a copy letter that I have sent to the claimant in respect of the above case that I would like to be considered before the final decision is made.... as I have not been able to speak with anyone.... here is the letter.

 

Should you wish to contact me then you can do so on xxxxxxxxx

 

I am now aware that I didn't respond to the County court summons but I did not & still do not believe that CL Finance are the legal owners of this account and the fact that I wrote asking from Viking Collection Services a copy of the CCA agreement on the 02.03.07 that wasn't forthcoming.

 

However, I wrote to CL Finance on the 13th January under the CPR rules asking for supporting documentation which they have failed to produce and also as well if they could procduce the documents I offered to pay the outstanding arrears at the time ie 7 X£125.00 to prevent further court actiion.

 

At the same time I telephoned Bradford Court to ask how I could arrange for a hearing nearer to home and was told to write a request to have the hearing in Sheffield which is scheduled for the 31st March, 2008.

 

I feel that as they cannot produce the requested documents I feel that I charging order on my property is too harsh.

 

I am not sure that I am following the correct procedure in notifying the court but if you can attached this to my file I will be grateful.

 

xxxxxx

 

 

 

19th March, 2008

 

C L Finance Ltd

PO Box 166

Cleckheaton

West Yorkshire

BD19 4WN

FAX 0870 751 3123

 

Dear Sirs,

 

Sheffield County Court Case No. 7xxxxxxxxx

 

Claimant CLFinance - Defendant Mrs. xxxxx

 

GE Money/ Debenhams Chargecard 6000xxxxxx

 

DO NOT IGNORE THIS LETTER – LITIGATION ADVICE

 

I refer to my recent request for information under the Civil Procedure Rules which has not been fully satisfied. In my letter I requested that you send to me the following documents.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

 

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with GE Money

 

 

 

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

 

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you will seek to rely upon in court.

 

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Furthermore, if you can satisfy me that you are the lawful owner of the debt; that the amount stated is correct and you can supply the original credit agreement, please be advised that I am in the position of being able to pay the outstanding amount of the Judgement [ie 7 months x £125].This should prevent the case from going to Court.

 

You have sent some of the documents which I don’t believe to be true & original and you also failed to respond to my last paragraph that if you are the lawful owner of the debt and you can supply original supporting documents that I could pay the outstanding amount of the judgement ie 7 X£125 which should prevent the case from going to court.

 

As I feel that you have failed to provide adequate information I will notify the court

 

You haven't sccrewed up at all. Idealy, it would have been better to say nothing and just turn up in court with your list of items missing. But hay, we don't live in an ideal world. OK, you have sent 'the other side' a list of missing items, it's still unlikely they will produce them all or even half of them...is it. You could even argue that you tried up to the date of the hearing that you gave them the chance to provide the information.

 

To be honest, the decision will come down to your argement to prevent the charging order because they have failed to provide ALL of the information. My advice is to sit in a quiet place and think through what you going to SAY, and then use the list to support that.

 

PM me if need be.

[tifo]

Senior Manager/Director

Responsible for all operational matters throughout the office. You will never speak to them, no matter what the issue.

The supervisor will take into account ALL information from all sources, and will ensure that the DCA has fulfilled it’s responsibilities to the OC.

 

The chances of you actually talking to a supervisor will be VERY unlikely, unless they call you.

 

From my experience, it is very possible to speak to a real manager/director if you voice your complaint properly and they will call you to discuss options. For about 3 months, i was in regular contact with a Legal Director of one of the big DCA's, by phone and email. Everytime i got a call from an operator, i said 'speak to Mr XXXX, he's dealing with it' and that got them off the phone quickly. In the end i got the account i complained about and 2 others written off/closed, instead of them making a compensation payout to me.

 

However, in cases where the DCA has bought the debt and there is no OC, what are your opinions on 'final recommendations' as they seem to hang on and do nothing for a very long time.

[Goldlady]

Tremendously informative - thank you again.

 

I am pleased about this bit:

 

13) Pass back to client (end) - because of 'reason' (i.e. Doctors note/death)

 

On a serious note, I read above about the missing statement. I am defending a court claim where the OC has managed not to produce a total of 26 months statements for a card which has only run for 3 years altogether. I have jokingly said on my thread what Stapeley says above: that I could have paid a lump sum to them during that time. I have told the court we cannot supply a defence as they have not supplied enough information for us to prepare one - mis-sold PPI is one of our major claims.

 

Thanks again for all the help.

 

[onthebrink]

From my experience, it is very possible to speak to a real manager/director if you voice your complaint properly and they will call you to discuss options. For about 3 months, i was in regular contact with a Legal Director of one of the big DCA's, by phone and email. Everytime i got a call from an operator, i said 'speak to Mr XXXX, he's dealing with it' and that got them off the phone quickly. In the end i got the account i complained about and 2 others written off/closed, instead of them making a compensation payout to me.

To be fair, it really depends on the type of complaint, as stated supervisors can issue an apology and remove staff, but if the issue or compliant is mure 'technical' then yes managers, solicitors and directors can get involved. Nothing is impossible. I just don't want people thinking they can phone up their friendly DCA tomorrow and talk to the Director of Legal Services or the Director of Operations.

 

However, in cases where the DCA has bought the debt and there is no OC, what are your opinions on 'final recommendations' as they seem to hang on and do nothing for a very long time.

This can be a mojor problem where the debt is sold on, and that is becoming more common as the OC realise there is little they can do if there is no valid CCA. The DCA want to get their pound of flesh and the debtor is in a constant merry go round of DCAs.

[onthebrink]

Tremendously informative - thank you again.

 

I am pleased about this bit:

 

13) Pass back to client (end) - because of 'reason' (i.e. Doctors note/death)

 

 

Sadly, I have read far to many death certificates due to unnatural causes regarding debt to last me a lifetime. Debt can be depressing, but not enough to take you own life.

 

If you reading this, have no one to turn to, no one to talk to, and feel there's only one way out. Then PM me, there is ALWAYS a solution to even the worse financial situations.

[stapeley]

Yes stapely, that could be argued, BUT, it won't stop them pursuing a CCJ.

Yes they may well go for a CCJ , but should a court award judgement when FIRSTLY . A copy of a correct CCA has not been produced . SECONDLY . Account statements are missing .

 

Or is it down to the JUDGE on the day ?????

[The GodMother]

But why would the OC claim that the debtor had made a large payment during the missing month? Surely stapely is putting forward the 'hyperthetical' arguement that he could claim they have failed to provide one months statement because he (the debtor) had made a large payment which they wanted to hide.

 

But if my interpretation is wrong I'm happy to look at this again.

 

 

The reason i said this is a certain creditor that i am battling with has refused to send me the SAR i requested months ago as they know that i have a rather good argument against them regarding payments charges etc.

 

This account is still with the OC and they have now stopped sending me letters and statements so they think i would not chase them for the SAR.

 

I have paid the acc many times over and they have added charges etc when they never asked me to sign a CCA, the acc was set up over the phone and i was given instant credit by them no questions asked.

[onthebrink]

Yes they may well go for a CCJ , but should a court award judgement when FIRSTLY . A copy of a correct CCA has not been produced . SECONDLY . Account statements are missing .

 

Or is it down to the JUDGE on the day ?????

 

It will be based on the evidence presented, not which side of the bed the judge got out of. Thankfully.

[onthebrink]

The reason i said this is a certain creditor that i am battling with has refused to send me the S.A.R - (Subject Access Request) i requested months ago as they know that i have a rather good argument against them regarding payments charges etc.

 

This account is still with the OC and they have now stopped sending me letters and statements so they think i would not chase them for the SAR.

 

I have paid the acc many times over and they have added charges etc when they never asked me to sign a CCA, the acc was set up over the phone and i was given instant credit by them no questions asked.

 

Maybe you should 'offer' the solution that they write the debt off on your CRA file, or demand 'your day in court'.

[tifo]

I just don't want people thinking they can phone up their friendly DCA tomorrow and talk to the Director of Legal Services or the Director of Operations.

 

It was the compensation claim for £4,000 that made them take notice ...

 

Recently though, i am having problems with the FOS wanting the OC to pay my charges refund to the DCA, even though the accounts were closed as i stated in my previous post.

 

The FOS say closed/written off accounts can still have money credited to them. In this case, back to my £4,000 claim. I have it in writing that 'we will close/write off the accounts in compensation of your claim, signed Legal Director'. Where does that leave me now?

[onthebrink]

It was the compensation claim for £4,000 that made them take notice ...

 

Recently though, i am having problems with the FOS wanting the OC to pay my charges refund to the DCA, even though the accounts were closed as i stated in my previous post.

 

The FOS say closed/written off accounts can still have money credited to them. In this case, back to my £4,000 claim. I have it in writing that 'we will close/write off the accounts in compensation of your claim, signed Legal Director'. Where does that leave me now?

 

Ok, it makes sense now.

 

It really comes down to what you really want. Yes we all want to get as much out of them as possible, but is it realistic. It is also about the amount of the write off! I mean if you claim was 4k and your outstanding debt 2k you should press on, but if you debt was, say, 9k+, then they will argue to the FoS that their action was 'fair and reasonable'.

[JonCris]

2 things

 

1st

Brink you stated that the DCA has to pass a CCA request back to the OC. Whilst this may be correct the DCA if the request is addressed to them has a duty not just to pass the request on but to comply with that request themselves as per the regs.

 

Passing it on to OC does not free the DCA from complying with the law. In other words if the DCA does not have the a true copy of the properly executed agreement they have no lawful right to pursue the debt.

 

It's this situation which is causing many DCA's & OC's a lot of trouble. The fact that they pass on their accounts on disc & not in the form of hard copy is what is causing them the problem.

 

The CCA was enacted in 1974 therefore there is absolutely no provision in law for them to be able to pursue debts based purely on what's on a computer disc - & as debt collection as we know it was in it's infancy DCA's didn't even enter the equation

 

2nd

The courts have for too many years just rubber stamped undefended creditor claims without ensuring, as they should, that the claimant is entitled to make the claim & has the evidence to support it such as CCA's etc:

 

Now that there is a revolt the courts are on a learning curve but are still not scrutinising claims as they should .

 

A couple of months ago a 1 line claim was submitted by a creditor without any supporting documents & they where granted a CCJ on what was later found to be a time barred debt

 

Needless to say it was appealed, set aside & struck out as being out of time This only happened because it was asked of the court to examine the circumstances of the granting of the CCJ

[stapeley]

Yes they may well go for a CCJ , but should a court award judgement when FIRSTLY . A copy of a correct CCA has not been produced . SECONDLY . Account statements are missing .

 

Or is it down to the JUDGE on the day ?????

 

Can anyone answer this question ? My point is that , surely complete details of a disputed account must be produced in court ? How can a judgement be passed if vital details are missing ?

[PriorityOne]

Can anyone answer this question ? My point is that , surely complete details of a disputed account must be produred in court ? How can a judgement be passed if vital details are missing ?

 

It shouldn't... but it does. Re-read Jon's post above. Creditors/DCAs alike have got away with it for years and the tables are just beginning to turn now as people fight back.

[lizzy40]

I would also like to know the answer to that question Stapeley. About a year ago I was given a ccj it was a very stressful time for me. I didn't have all the knowledge I have gained from this site and feel very confident that I could have avoided the whole situation but its done now.

 

It all happen very quickly from the moment the dca asked me am I an home owner, I now know by what onthebrink has said that this was a bad move by myself. The following week the court papers arrived and I just agreed to everything. So I would like to know would the DCA have provided a copy of a CCA agreement for the judge to have passed judgement.

[tifo]

It really comes down to what you really want. Yes we all want to get as much out of them as possible, but is it realistic. It is also about the amount of the write off! I mean if you claim was 4k and your outstanding debt 2k you should press on, but if you debt was, say, 9k+, then they will argue to the FoS that their action was 'fair and reasonable'.

 

They offered to pay 'cash' equivalent to the amounts outstanding, which i accepted. Therefore no money exchanged hands as they 'paid' me £1500 and then 'kept' the £1500 to pay off the accounts. This means i have paid them £1500 cash, doesn't it. Nothing was 'written off'. In addition, they offered defaults removal.

 

Now that i am being refunded my charges from the bank, the FOS state this can go to the DCA. First they said because i owe them money, then when i proved i don't, they said they'd get it anyway, as i've never paid it to the bank (OC). So they will gain about £500. This is not fair as it means i am paying them twice.

 

I have taken this further with the FOS and i have a thread in the 'General' section for this. I am considering legal action for the 'losses' i am suffering as a result of unsubstantiated and biased decisions, but have been advised on here not to do this.

 

As the FOS keep quoting 'guidelines' for their decisions and ignore everything i've sent them, i've asked for proof of where their guidelines state to send the refund to a third party unconnected with the complaint and who have no cross claim to my claim and the OC has no right of set off as no balance with them. What proof has the DCA supplied or the FOS has that they are legally entitled to this refund. In addition, why the FOS think they can bypass the CCA 1974 on unenforceability (on some cases).

 

It's unfair to the claimant that the DCA can ignore legal requests (CCA 1974), openly flout law and OFT guidelines and still get the support of such quangos. If the tables were turned, i would definately not get the money from the FOS.

 

I'm losing about £10k in charges refunds because the FOS say the bank can pay the DCA, whether i have cleared the accounts at DCA or not. In addition, compensation i am being awarded for unlawful defaults (something totally unconnected with the DCA) is also going to the DCA's as part of the overall payment from the bank. It's because of this i've taken a stance as i didn't waste all that time and effort to line the pockets of the DCA.

[andrew1]

There's a term 'unjust enrichment' which might be worth exploring.

[tifo]

Or is it down to the JUDGE on the day ?????

 

Yes, my experience is it's all down to the judge on the day and the kind of mood they're in. You can shout and prove all you want and still the DCA/bank may get their 'pound of flesh'. Some judges see it as debt avoidance, if you've spent it then pay it, forget the paperwork.

[empowered]

Brink - what an absolutely brilliant thread! Have been avidly following and trying to remember all you have said but will print it all out and keep it for reference by the phone! It has answered a lot of my "what if" questions and I now feel so much more in control - am having to handle all of OH's finances as he doesn't have a clue what to say, so this takes some of the pressure off! Have gladly repp'd you:p

[tifo]

There's a term 'unjust enrichment' which might be worth exploring.

 

Already mentioned .... as well as many other choice words!