Inside a DCA!

[FANTASY CHARGES]

http://www.consumeractiongroup.co.uk/forum/show-post/post-1295022.html

 

WELL FOR STARTERS YOU Need to see pt's post from last year

[The GodMother]

I have read that but how does it help me?

[FANTASY CHARGES]

I have read that but how does it help me?

 

ok read and print out/save the posts here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/133108-deed-assignment.html#post1458936

[blue4ever]

I would like to thank onthebrink & Brassed Off for the advice they gave to me. Today i received a letter (after sending a Formal Complaint) and i have had monies credited to my account,SEE MY TREAD.http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133190-door-collector-debt.html

 

Thanks again, if you read my tread i was very low but was given guidence and a win was found from a loss HOOOOOOOOOOO HAPPY DAYS. When you feel it`s all against you fight and turn to your friends in C.A.G:grin:

[The GodMother]

yes but neither of these post about deed of assignment have asnwer my original question really.

 

I asked why a DCA issues a notice of litigation giving u 7 days to comply when the 7 days are all ready up B4 they send the letter?

[tiglet]

It's because they have cocked up and you should challenge this in court (but keep your blood pressure down, honey!).

[The GodMother]

I will try.

 

The strange thing is i have not recieved any court papers and they are collection on a timebarred debt and for a company i was never with or a address that never existed and still does not.

[JonCris]

Godmother Then why do you think a court claim has now or ever been issued against you - have they threatened to take court action & was it by a certain date

[The GodMother]

yes the letter was dated easter monday, 24th March, and said i had to contact them within 7 days or they will start court procdeings against me.

 

the 7 days were up on the 30th and the letter was not posted until after the 7 days were up according to the post mark of the letter post mark says the 1st April. Recieved 2nd April.

 

Also i have not recieved any court papers.

[cashins]

Hi OTB

 

Came late into this thread late, (obviously not paying attention!!) and spent most of this weekend trying to absorb the wealth of information within it.

 

Have to say, it's excellent. A big thanks to you and other contributers.

 

Something I have not seen so far:

 

What is the exact legal position regarding firms that are solicitors, but are also DCA's?

 

The type I have in mind are firms in which debt collection represents a major segment of their business and often advertise as such. However, if referred to as a DCA, they hotly deny the fact as if that absolves them from any responsibility in that department.

 

Second point is, who has responsibilty for policing them?

 

David

[postggj]

this question might have allready been answered, but a great long thread

 

what is the position for a dca with a statute barred debt

some are now saying its from the default date

ime sure its from the last action, the limitations act begins from then

the last time payment or corresopndents was received from the debtor,not the default date

please confirm

[blue4ever]

This is a full list of information talked about on this tread

 

Debt Collectors: On the Inside - Consumer Wiki

 

cheers

 

 

 

 

 

 

 

 

 

 

 

paul

[JonCris]

yes the letter was dated easter monday, 24th March, and said i had to contact them within 7 days or they will start court procdeings against me.

 

the 7 days were up on the 30th and the letter was not posted until after the 7 days were up according to the post mark of the letter post mark says the 1st April. Recieved 2nd April.

 

Also i have not recieved any court papers.

 

OK so your seeking advice on the assumption that they have or will issue proceedings against you?

[stapeley]

DCA often threaten court proceeding if contact is not made , its scare tactics .

[Allwood]

Does a DCA have to have credit agreements to be able to put a trace on a credit report and does anyone know how long a trace last on a credit report.

[JonCris]

Allwood the short answer is no But it would help us to answer if you explained why you need to know.

 

Unlike other data I think evidence of searches is removed much more quickly - how long I'm not sure

[Allwood]

Been talking to Information Commissioners Office on the phone and was advised that Barclay card and some other institution's do keep date for up to 7 years. I advised the person on the phone that all I got was statements and the old microfilm were illegible and the Bcard sent me duplications of the same statements for before 2004 going back to 2002 and newer printouts of the same statements that goes up to 2008 and no credit agreements are available, all they have is only copies of the statements that they have sent me. I read out the last paragraph of BC letter to the Information Commissioners Office person on the phone in which BCard said that is all the information that they hold on my account. The person at Information Commissioners Office said then they have no more information on me as stated in the last paragraph of their letter.

I then asked Information Commissioners Office, as BCard confirmed that they have no more information on i.e., agreements etc how can Eqifax keep updating my credit report every month by BCard. Information Commissioners Office told me that they did not know and I would have to ask them that. I have sent a S.A.R to Equifax but not got back anything from them as yet. Also I inquired about the 2 traces on my credit file by wescot and BCW one 2006 and one in 2007 again Information Commissioners Office again said that I would have to ask Equifax this.

When I asked Equifax last year about the traces they told me that they would have had to have all the necessary paperwork before they could put anything on my credit file, therefore how could Equifax have this information if BCard has not got it. There is so many inconsistencies, what do I do next.

Also I informed Information Commissioners Office that Bcard was outside the time like in replying to my request and I was told to put a complaint in to them in writing but stating that I had received the documents, I was also told that I had this complaint with a year. No doubt when complains been made, say around 10 months after Bcard non compliance Information Commissioners Office will have brought in a new policy for banking code.

You cannot win. I am still in limbo about this.

 

More data lost by HSBC

 

BBC NEWS | Business | HSBC loses customers' data disc

[JonCris]

Allwood the CRA's comment to you is an assumption on their part which might have no basis whatsoever in fact.

 

They (conveniently) assume that before their client update a consumers file they MUST have the authority to do so - Whether they do or not is to the CRA irrelevant. Their attitude is one of "don't ask don't say"

 

However should you complain or request the evidence of consent to process your data they can no longer claim 'good faith' if it's subsequently found to be 'unavailable'

 

Suggest you write to the CRA enclosing copies of any evidence that Barclays DON'T have your agreements & ask how they could have claimed they had authority to process your data when their client effectively admits they don't

[JonCris]

Removed by me duplicated post

[Allwood]

thank you Jon, I will do this when I received their S.A.R from them, I have sent them a reminder with a copy to ICO (if that dose any good) Hopefully, I will received this back from them shortly.

[The GodMother]

No jon

 

My original post about this was asking why a DCA sends you a letter giving u 7 days till court action on first contact.

 

Thats what i want aswering other than the fact is this type of action legal.

 

I did say this in post number 425 which is the original post regarding this.

[JonCris]

They can issue when they like but if the court learns that they either haven't attempted to negotiate or given you less than 14 days to respond the court won't be happy

 

They are expected to give you at least 14 days to respond - the same as with a default

[FANTASY CHARGES]

No jon

 

My original post about this was asking why a DCA sends you a letter giving u 7 days till court action on first contact.

 

Thats what i want aswering other than the fact is this type of action legal.

 

I did say this in post number 425 which is the original post regarding this.

 

GODMOTHER

ANOTHER GOLDEN RULE TO REMEMBER:

these companies do not 100% use the royal mail to deliver letters : probably use uk mail :who virtulalyy dump the letter in the local sorting office system .

 

so NEVER EVER THROW ANY OF THESE ENVELOPES AWAY becaus on the back there is a dates stamp to the left where the envelope entered into the royal mail system & and you have "not delivered by " evidence :grin:

[The GodMother]

Well it is just hissing me off really that companys are allowed to do this and that they dont even give a thought for the law.

 

I know how the new chose who delivers your mail postal service works as i have family with royal mail. They charge these other companys a fortune just for them to recieve and deliver the mail for them. I think the law has not been changed for ppl other than royal mail to deliver your mail to your door.

 

Oh i cant wait for this to kick of then they will need to answer lots of questions first b4 this gets down to the fact thy are trying to get a CCJ on a SB debt and for a company i have not been supplied by.

[jaxads]

Where has ONTHEBRINK gone??

 

Come back soon