Court action for default removal?

[belle99]

ok, i have trawled thru past posts etc, re. default removal, but please can anyone advise the actual procedure to issue court proceedings against a DCA and its directors?

 

Background - DCA write on 1st Sept 2008 claiming i owe £10k - doesnt state current account or credit card or loan etc. This is the first i ever heard of this alleged debt.(no payments ever made, no arrears, nothing on credit file etc)

 

i reply with usual CCA request stating i do not acknowledge debt etc. Standard reply back from DCA 8th september, they are requesting info from original lender etc.

 

Hear nothing again, except a letter to say contact the office and also a letter 'we are considering issuing you with a statutort demand' dated 29th September.

 

On 28th September, after i have clearly disputed the alleged debt, i see the dreaded default on my credit file. again, doesnt state whether current account or what, just 'bank', and issued by dca with a default date of sept 2003. No notice received by 1st credit.

 

Hmm

 

so on 1st October i write a letter before action to DCA and its directors. and letter to CRA's. DCA get back to me on 6th October saying it will be passed to relevant dept.

 

Heard nothing since.

 

Experian's reply was rather meaningless...

 

so now, i want to issue court proceedings against DCA to get the default removed. i have read the ICO guidlines for this, but it doesnt state exacly how to start court proceedings...

 

Anyone know?

 

Thanks in advance..

 

By the way, is it imperative to request their complaints procedure prior to court action?

[postggj]

hi belle99

 

if you are considering court action, yes do the complaints bit with the dca,

address it to the complaints dept, they have to reply as its a condition of there consumer credit licence.

14 days notice is enough.

 

that way it looks good before a judge.

 

now that you have put the account into dispute ref the cca request, they cant enforce it. they should only be contacting you again with any cca agreement.

 

in your letter of complaint put in also that they have put a default on your credit file while in dispute, tell them to remove it as it is defamation and will be included in your court claim, as well as illeagl processing of your data being that you are not the data subject in question.

 

i take it you sent the original cca request by recorded delievery

[belle99]

Thanks for prompt reply...

 

yes, all letters. inc cca request were sent recorded.

 

So i best get on and do the complaints letter.