No CCA original creditor sold alleged debt to DCA but DCA say i must pay

[charles of chelsea]

Hello everybody

 

Great site, i am looking for help for an alleged debt from about 9 years ago and now have had a look at my experian file as have applied for a virgin credit card and been refused.

 

on my experian file i have:

 

current balance £3,285

credit card

starting balance £0

default/delinquent balance £3,108

start date 4/4/01

date updated 4/5/04

 

"customer has left address and not provided new address"

 

have asked the DCA to remove it as they have no CCA after sending for it and after Subject Access Request still no CCA. " we cant find the cca but and debt is unenforceable but the debt is still owed and has been passed to collections" said DCA.

 

the dca say i made a payment of £25 5 years ago so they say not statute barred, they sent a credit card statement showing a £25 payment so i mst have paid the £25 5 years ago but do not recalll the matter

 

is there a court order i can use to get them to remove the information

and if so i would be grateful for the links to the text or forms or stickie to help and links to case law on the forum

 

have just applied for a credit card and been declined by virgin, they said see experian file

thanks for your kind help

[cerberusalert]

Have a look through reallymadwoman's thread; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/173208-successful-court-action-default.html?highlight=default+removal

[dx100uk]

so in may the default will disappear?

if so, not worth the agro, unless it has been put on by the DCA recently.

there is nothing you can do about a marker from 2005.

 

dx

[cerberusalert]

Not always.....some DCAs add a second default when they purchase the debt.

[dx100uk]

AFAIK they cannot put a default on until they make contact with the person first, because unless they request payment, how do they know the debtor is not going to pay?

 

if they have no valid CCA then it MUST be taken off surely?

 

dx

[cerberusalert]

What they can do, what they are supposed to do and what they actually do is a different matter. It has been known for some CCAs to add 2 or three defaults on the same account. Some have managed to keep defaults on file for up to 9 or 10 years.

 

Without a valid CCA they don't have any right to process the data. The right to do so is encompassed within the agreement, but CRAs always take the side of the DCA & it normally takes a court order to get them removed.

[dx100uk]

ok well i stand to be corrected.

i'm sure there are threads on here that have resulted in the CRA removing a default when they have been challenged to check the defaulter posses the correct paperwork to enable them to place the default on.

 

processing your data includes putting on a default.

the CCA regs specifically state they cannot do so

well thats as i read it.

 

dx

[cerberusalert]

processing your data includes putting on a default.

the CCA regs specifically state they cannot do so

well thats as i read it.

 

That's true....you know that.....I know that....but some DCAs think they are above the law.

[silverfox1961]

Hi,

This strikes me as slightly odd re: the £25 payment 5 years ago. Have they proved it was you who made it? How was it paid? where was it paid? when was it paid?

 

It has been known that some DCA's pay an amount into the account to restart the statute barred clock (not saying yours would do this your honour)

 

It's something worth considering

 

fox

[charles of chelsea]

Hi everyone

 

No default (D) on my cra file, just a defult/delinquest balance box entry for £3,108

 

Just lots of u's.

 

I dont think i paid £25 but they sent a credit card statement to say i had though it looked photo copied, should i aske for a court order to show original at court.

 

Or a court order to say how it was paid, what method and ask for strict proof?

 

What court action can i take to order dca to remove the info on my file as they have no cca for alleged debt?

 

Thanks

Thanks

[ODC]

Dear Cretins

 

I refer to your recent letter alleging that I made a payment of £25 on xxxxxxx date. As far as I am aware I did not make this payment. As you are alleging it was made by me the burden of proof is with you. Therefore I require the following

 

1.Date of alleged payment

2. Method of alleged payment

3. How and where alleged payment was made.

4. Details of person making the alleged payment

 

Until and unless you supply proof that I made any such payment my position remains the same. This alleged debt is barred under statute in accordance wit S5 of the Limitation Act 1980

[volvo]

I would try a complaint to the ICO Information Commissioner first.

 

VOLVO

[volvo]

Sorry,

 

ODC's reply wasnt there when i started typing

 

VOLVO

[charles of chelsea]

Thanks ODC an everyone i will get ODC letter off first thing Saturday morning after sending another complaint (£500 cost to DCA ) to FSO.

[ScarletPimpernel]

Thanks ODC an everyone i will get ODC letter off first thing Saturday morning after sending another complaint (£500 cost to DCA ) to FSO.

 

There's no point complaining to FOS at this stage; they won't deal with a complaint until you have exhausted the DCA's own complaint procedure first, or the DCA has failed to reply within 8 weeks; they are fairly useless anyway.