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Do DCA's have to follow a process before taking their case to court??


lobo200
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Just wondering. It could be nothing but someone came to the door today asking for me by name, wife said I wasn't in so he said he'd post it out instead.

 

No idea what 'it' is and I'm not exactly in hiding! I have an outstanding dispute with a DCA whereby they haven't responded to my requests for further information so I was wondering if they are able to just take the case to court without even trying to resolve the matter more amicably.

 

Are summons ALWAYS sent out by recorded delivery? Or do they add that personal touch and hand deliver it?

 

thanks!

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Just wondering. It could be nothing but someone came to the door today asking for me by name, wife said I wasn't in so he said he'd post it out instead.

 

OFT Debt Collection Guidelines Section 2.12 Examples of unfair practices are:

 

2.12f - visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed.

 

If they turn up again politely ask them to leave, if they refuse phone the police.

 

No idea what 'it' is and I'm not exactly in hiding! I have an outstanding dispute with a DCA whereby they haven't responded to my requests for further information so I was wondering if they are able to just take the case to court without even trying to resolve the matter more amicably.

 

There are procedures that Banks, DCAs and their representative solicitors must follow. Unfortunately, as you will find by reading these forums, in a good many cases they don't. Whilst you're in dispute with the DCA they are usually barred from taking enforcement action through the courts. You'd need to give a bit more information to be able to be absolutely sure.

 

Are summons ALWAYS sent out by recorded delivery? Or do they add that personal touch and hand deliver it?

 

There are some legal documents that must be served by hand, but for most it is quite alright to use 1st class postage.

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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Thanks,

 

 

There are procedures that Banks, DCAs and their representative solicitors must follow. Unfortunately, as you will find by reading these forums, in a good many cases they don't. Whilst you're in dispute with the DCA they are usually barred from taking enforcement action through the courts. You'd need to give a bit more information to be able to be absolutely sure.

 

Info about my situation can be found here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/55568-paragon-have-my-debt.html

 

To summarise though

December '06 - Arrow claimed they own a debt from Paragon and they're now the data owners

 

I received nothing from Paragon to back this up

 

No default notice was ever registered with Credit Reference Agencies nor any notice sent out to me by either Arrow or Paragon

 

Jan '07 - Sent CCA & SAR request.

 

Mar '07 - CCA copy received. At the bottom of the CCA it is explained that Paragon will not pass on my details to any party outside of the Paragon group.

 

Nothing received from SAR request (but they cashed the cheque)

 

Aug '07 - They send one more letter out telling me to pay up, I reply back stating they still haven't complied with the SAR request.

 

 

 

Cheers.

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Thanks,

 

To summarise though

December '06 - Arrow claimed they own a debt from Paragon and they're now the data owners

 

I received nothing from Paragon to back this up

 

No default notice was ever registered with Credit Reference Agencies nor any notice sent out to me by either Arrow or Paragon

 

Jan '07 - Sent CCA & SAR request.

 

Mar '07 - CCA copy received. At the bottom of the CCA it is explained that Paragon will not pass on my details to any party outside of the Paragon group.

 

Nothing received from SAR request (but they cashed the cheque)

 

Aug '07 - They send one more letter out telling me to pay up, I reply back stating they still haven't complied with the SAR request.

 

Cheers.

 

Did you ever send a complaint off to the Information Commissioner for non-compliance of your SAR?

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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