Me Vs DCA

[belle99]

Hi,

 

A well known DCA wrote to me a month ago claiming that i owe £10k for a bank account I do not know about.

 

So i sent back a CCA request letter with £1 Postal order (3rd Sept), asking them to substantiate their claim etc, and stating that i do not acknowledge the debt. They sent back a standardised letter (8th Sept)saying they will request a copy of the agreement from their client and that copy statements are £10 etc....

 

I hear nothing again, until i see on my credit file 'DEFAULT' placed on 28th Sep 2008 by this DCA, for account detaulted on 1st sept 2003. But i have received no default notice for this and never heard anything from the supposed original lender all these years.

 

And today 30th Sept i receive a letter from this DCA saying the contents of my letter have been noted and to contact their office to discuss matters.. (???)

 

So firstly i have no CCA paperwork from them, no default notice (and of course they knew my correct address),I have disputed the debt yet they have placed a default..

 

Where do i stand and how is best to proceed?

 

Many thanks,

 

Belle

[babybear39]

You should send them the 'prove it' letter courtesy of CB:

 

Dear Sir/Madam

 

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

 

Amend to suit, do not sign, print your name, send recorded and keep a copy with your postal receipt.

[42man]

I would write back to them entitled LETTER BEFORE ACTION

 

Explain that you have never had a bank account and that you have noticed that they have defaulted your account, without providing any evidence that the debt is in fact yours !!! And if they do not remove the default immediately you will have no hesitation in taking them to court. Tell them that you are charging them £30 for each letter you have to write to them...

Edited September 30, 2008 by 42man
spelling !!

[belle99]

Many thanks for speedy replies..

 

42Man - sounds good, do u know what legislation i can include to back this up - i.e. what they have breached etc. and i presume they are not legally entitled to place a default :

A) after I have disputed the account

B) they have failed to provide CCA paperwork

c)without issuing a default notice

 

Am i correct in presuming the above? just need to back up with all legislation etc.

 

should i wait until the CCA request time limit is up - at the moment they are in default but the 30 days is not up yet..

 

Thank you

[42man]

At this stage I wouldn't even quote legislation.....say that as this debt is not yours, and their default has stopped you from getting a mortgage and that their action is unlawful and you will have no choice in taking this to court if the default is not removed immediately...

[belle99]

42man - Thanks, will send letter out today and keep you posted.

[davey77]

As usual.. a DCA that doesn't understand the law. What a surprise.

Which DCA are we talking about?

 

Hope you didn't call them.. only in writing so you have a paper trail.

 

I would write a final letter stating they have not validated the alleged debt, that the default has been placed on your file is totally incorrect as you didn't receive a default notice and in any case this alleged account isn't even yours and give them 7 days to confirm their mistake or you will report them to Trading Standards.

[davey77]

Everybody got in before me lol I've got to be faster with my fingers!

[42man]

You also need to request their official complaints procedure too.....as you have to give them the chance to rectify the problem....

[42man]

Which DCA is this Belle ?

[postggj]

if this debt is not yours and these cretins have put a default on your credit file, they are in big trouble

i would go for the throat with compensation

 

ime sure surfacegent would do an excelent poc for this

 

i can not believe these people can wreck peoples lives like this with no evidence

[belle99]

Which DCA is this Belle ?

 

The DCA is 1ST CREDIT

 

This is what i would like to to now - issue a 'LETTER BEFORE ACTION' and strat legal proceedings against 1st Credit and it's directors for unlawful data processing. (placing default when the alleged debt is in dispute)

 

I do not want them to have opportunities to go round in circles.

 

How should i best go about taking them to court to get the default removed?