Debt Settled With Other Dra - Hfo Say No!!

[murray91]

Hi, I'm new to this site and would like advice regarding an old Barclaycard account. I received a letter from the DCA with a settlement figure of £225.96 which at the time I could afford to pay so sent a cheque (I'm awaiting a copy of the chq as I can't remember the company's name). HFO are now chasing me for this debt which is now at a staggering 435.80 (NOT INCLUDING THE £255 I'VE ALREADY PAID). They say that unless I have a letter stating that this debt was settled I still have to pay what they say I owe. Is it worth my while chasing the previous DCA. Because of the harrassment I have been receiving from them I agreed to pay £40/mth which they say isn't enough. I've just hung up on them cos they are very arrogant (india based I think) and asked all sorts of personal questions which I refused to answer. Any advice would be much appreciated.

Edited June 27, 2008 by murray91

[IdaInFife]

Do you still have the letter offering the full and final?

 

If so send a copy along with a copy of the cashed cheque to the current dca

 

Idax

[Pinky69]

Send a letter to HFO asking them to prove this debt is yours.

 

 

 

Dear Sir/Madam

 

 

 

Your ref:

 

 

Your company has contacted me regarding an account with the above reference number, which you claim is owed by myself to HFO.

 

I have no knowledge of any such debt being owed to HFO and in the absence of proof of the alleged debt HFO are in breach of the Data Protection Act 1998 for processing information about me without my permission.

 

I require HFO to prove that this alleged debt exists and is owed by me to them. I also require a copy of any Notice Of Assignment informing me that the alleged debt has been assigned to HFO as required by the Law of Property Act 1925 Section 136. I have no knowledge of any such Notice of Assignment having been issued.

 

Under the Office of Fair Trading Debt Collection Guidance it is unfair to send demands for payment to an individual when it has not been proved that they are the debtor in question.

 

OFT Guidance also states that it is unfair to pursue individuals for payment when they are not liable. It is also a breach of the Guidance to use unfair/deceptive means to try to collect payment on a debt when it has not been proved that the debt is owed by the person being pursued.

 

Furthermore ignoring and/or disregarding claims that debts are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. In the event of me suing HFO for breaches of the Data Protection Act 1998, the Consumer Credit Act 1974, OFT guidelines and physical and psychological harassment, substantial damages and all legal costs and expenses will be sought.

 

I require that HFO cease unlawful collection activity on an alleged debt which has not been proved. I would ask that no further contact be made concerning the above account unless you can provide evidence as to the alleged debt’s existence and my liability for it.

 

I await your written confirmation that this matter is now closed.

All correspondence MUST be in writing. BE AWARE THAT ALL PHONE CALLS ARE RECORDED and recordings will be transmitted to the OFT and used in court if necessary.

 

I trust this makes my position clear. If there is anything about this letter you do not understand, I suggest you take legal advice.

[ODC]

They say that unless I have a letter stating that this debt was settled I still have to pay what they say I owe. Is it worth my while chasing the previous DCA. Because of the harrassment I have been receiving from them I agreed to pay £40/mth which they say isn't enough. I've just hung up on them cos they are very arrogant (india based I think) and asked all sorts of personal questions which I refused to answer. Any advice would be much appreciated.

DO NOT PAY THEM ANYTHING. They must Prove you owe the debt not the other way around. If you have given them your card details cancel the card immediately. If you have signe a DD cancel this NOW.

 

Have you had anything in writing from these oxygen thieves.

 

NEVER SPEAK TO THEM ON THE PHONE

 

Wait until they write to you and then send them this

 

Dear Cretins

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[Pinky69]

Ha! - Snap ODC!

[murray91]

MorningMany thanks for you help with this matter. Unfortunately, I do not have the settlement letter but once I have received the cashed cheque back from the bank I will try and contact the previous DRA. I am also in the process of sending the letter that was kindly attached. These morons were on the phone to me on Saturday morning telling me that they were now willing to accept £40/mth but I told them to stop contacting me as I was in the process of proving the debt was no longer owed. Can someone please let me know where I can obtain the telephone harassment letter.Many thanks for all your help, it's much appreciated.

[freakyleaky]

Harassment by telephone - response letter

 

 

 

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[murray91]

Once again many thanks. Letters will be in the post tonight.

[42man]

Is there any chance that there are some excessive charges to reclaim on the account too ?? (Obviously if you can find the cheque, then that would be great...) But HFO don't give up easily, and even if you do find the cheque, they say the debt was more !!!! keep us posted....

[murray91]

I've requested the cheque from my bank so that I can get the name of the previous DRA. This should be with me shortly. HFO say that unless I have an actual settlement letter from the previous DRA then the account is not settled. I am hoping that the previous DRA will send me this letter but am not holding my breath. I will keep you posted on any progress. I am expecting another phone call from them tonight but I'm just going to hang up. They are really cheeky though and phone back asking you why you hung up. These people must be desperate for a job and their salary must depend on what they can reclaim.

[ODC]

There are three letters which will scare off HFO and they are CCA. If they keep sending you begging letters and threatening phone calls then send a £1.00 postal order along with a CCA request to them. That will soon shut them up.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html Letter N