DCA's and Me

[CAGNewbie]

Dear all,

Please forgive me if I make some huge mistakes here - new at all this! I really really need some advice on handling the bunch of DCA's who are harrassing me at the moment. I know I owe money, but also don't earn much and they just don't seem to understand that I can't pay them money I don't have! The real problems are with two of them: CCS and Link Financial.

 

With Link, they seem to be chasing a debt they have been sold by GECapital - they sent the notification of the sale in a letter saying that I had defaulted and that this means I can't pay in installments, and that they suggested I contact a solicitor or CAB if I had questions. This letter arrived the same day as a letter from them informing me of a default they applied the day before either of the letters reached me, along with a £75 tracing fee! Am planning on sending a standard CCA letter - does this sound about right?

 

With CCS - I owed money on a closed water bill. I got (on the same day) letters from CCS and Moorcroft saying they need payment now, on the same accoutn (same ref, same balance). Spoke to Moorcroft and arranged terms (too much but will have to struggle I think), but not going to pay twice! so contacted OC to say dealing with Moorcroft, call off CCS and wrote to CCS to say - no dice, I don't acknowledge debt to your company, OC will be contacting you themselves to confirm. Is this right ? (wrote it before finding this forum!)

 

Any and all advice very gratefully received - these are just the two most pressing of current hassles, and reaching the point where they are likely to become straw that broke camel's back....

 

Newbie x

[rory32]

With Link, they seem to be chasing a debt they have been sold by GECapital - they sent the notification of the sale in a letter saying that I had defaulted and that this means I can't pay in installments, and that they suggested I contact a solicitor or CAB if I had questions.

If they have stated that you can't pay by installments in a letter then I think that's worth a complaint to the OFT.

 

This letter arrived the same day as a letter from them informing me of a default they applied the day before either of the letters reached me, along with a £75 tracing fee! Am planning on sending a standard CCA letter - does this sound about right?

 

Again another ground for complaint as they can not lawfully add their collection charges to the account unless it is in the original agreement - which it won't be as this would be an unfair term and possibly invalidate the whole agreement.

 

I would certainly send the CCA request. Remember to send it recorded delivery with a one pound postal order and do not sign the letter.

 

What type of account was it you had with GECapital and when roughly was it taken out?

 

OC will be contacting you themselves to confirm. Is this right ?

Is the bill correct? I would try to negotiate payments with the OC directly. I would also make an official complaint in writing to them about using 2 DCA's to pursue the same debt. They are not supposed to do this.

[CAGNewbie]

Thanks for the reply - will send off the CCA request to Link today, recorded delivery! Will also draft up letter to OFT - thought they were being cheeky but didn't know precisely what grounds to pull them up on!!

 

The original GE account was (I think) a storecard - have had three of these in the past, all cards got nicked and I am a muppet about keeping records so not sure what account it would be, and Link have kindly not told me! (Topshop or monsoon are prime contenders, think the other was paid up - in fact overpaid!) Would have been taken out around 1999 - 2002 ish depending on which account, and would have been being paid through to 2006 ish when had depression, lost job, and moved home alot... everything kind of got a bit in a mess at that point!

 

Re the water bill - yes, as far as am aware is correct. Thought about trying to go to OC, but they were being harsher about payment terms than the DCA was (unusual!!) and had got DCA involved when bank kindly cancelled my DD to them without telling me - well, either bank or OC cancelled it cos I sure didn't! Will also write to OC as suggested though, bit much to use two especially if not allowed to do that.

[rory32]

The original GE account was (I think) a storecard - have had three of these in the past, all cards got nicked and I am a muppet about keeping records so not sure what account it would be, and Link have kindly not told me! (Topshop or monsoon are prime contenders, think the other was paid up - in fact overpaid!) Would have been taken out around 1999 - 2002 ish depending on which account,

In which case it's highly unlikely that there is an enforceable copy of the agreement if one still even exists. GE's record keeping would appear to be very poor.

[CAGNewbie]

Ok - movement on this one!

 

Sent a CCA to Link Financial on 15th January re a GE storecard. They have replied (dated 21st, received on 24th) but not happy with their response. They say..

 

"We acknowledge receipt of your letter dated 10th January 2009 and the £1.00 fee enclosed.

 

Due to the fact that the above account has been with a Trace Agency, to prevent us sending you, due to an incorrect trace, a 3rd parties details and therefore breaking the Data Protection Act, please would you peruse the following details. The agreement relates to the issue of a Monsoon Stoe Card issued on the 11th August 2002, provided by GE Capital Bank Ltd. The address quoted on the agreement was London XXX, can you confirm if this address is a previous address.

 

Please can you send us your full name and date of birth together with a copy of an official signature eg passport or driving licence, we also require a blank sheet of paper with 6 specimen signatures on, these will be compared to the signed agreement and if they are compatible we will send you a copy of the agreement immediately.

 

We hope the above information has clarified matters and you recall the debt in questions, if not we look forward to receiving the above information at your earliest convenience to enable us to resolve this matter quickly and amicably.

 

Yours faithfully,

 

XXXXX

Litigation Officer"

 

SO:

 

The postcode they have given has only the first part there (SE?) - I did live in SE london at a postcode similar, but mine was SE??.

 

They can't have a copy of the driving licence or passport - I have since married and the signatures are different!

 

Why should I send them six signatures on blank paper - I mean they have already said want passport or similar so why do they want six specimen signatures?

 

If they are so worried about Data Protection, why have they sent me details of a debt owed, given the account number and threatened further action if I do not pay them, if they are not confident I am the person owing the debt?

 

Also, they said that they had applied a £75 tracing charge - do I wait for the statement of the account that I also requested with the CCA or do I say something now? And will the statement show any other charges that shouldn't have been applied or do I need SAR for that?

 

So what do I do - obviously the clock is still ticking on the CCA request. Do I confirm full name and date of birth? Do I send them anything? Does anyone have a link to a letter that answers this type of thing? (Am guessing is a standard response - douby I merit personal attention!)

 

All opinions and help are most gratefully received!!!

[rory32]

Simply send them the following.

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested

 

Regards

 

Print dont Sign

[CAGNewbie]

Thanks! Have sent it off, all recorded etc! will see what happens...

[CAGNewbie]

Well, today is the 12th working day after they received my request (as per Post Office track and trace), and so far no sign of a CCA (although given the weather, the postie may not have made it through as yet!).

 

IF there is nothing when I check this evening, do I assume they cannot find anything? Or just that they are very slow?! Is the account officially in dispute as of today, and do I tell them this? Do I just wait until the 30 working days are up?!

[CAGNewbie]

Had the following from LINK turn up today (no scanner here so copying verbatim)

 

QUOTE

We acknowledge receipt of your letter dated the 27th January 2009, the contents of which have been noted.

 

Whilst we appreciate your concerns and apprehension at providing specimen signatures and confirmation of your date of birth, these are requested to protect your interests not our own. Due to the account being with a Trace Agent we have to be absolutely sure that your the (name removed) who signed the credit agreement. Upon perusal of the details in our previous letter you would know if you had indeed signed for the issue of a XXX store card, and also if the postal location at that time was familiar to you.

 

We required an official copy document which shows your signature and date of birth to resolve this matter, if nothing is received we can only assume you are the signatory on the agreement and recovery procedures will continue.

 

Please note any information sent previously, was sent before you advised us that the agreement in question was not known to you.

 

Yours

END QUOTE

 

What? So they are not giving me my CCA as won't give them signatues, but will continue and take me to court?! The account is in dispute now as the 12 + 2 days are well up now.

 

So - do I write and tell them it's in dispute? and how do I respond to the above pile of whatsit?! (politely, that is...!)

[rory32]

I would send them the following and make a complaint to the OFT.

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2009 the contents of which are noted

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2009 and the 12 working days for your compliance expired on xx/xx/2009. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

Let me assure you that any recovery procedures that you undertake while this account remains in dispute and your default of supplying the copy of the agreement remains will be reported to the appropriate bodies.

 

I look forward to receiving the documentation requested

 

Regards

 

Print dont Sign