dcas

[ck&ll]

ive been here before for advice about dcas but when I send a cca the debt just get passed to another dca is there any way to stop this happening or do I just keep sending a cca

 

also ive had an argos card with protection cover but when i became ill and couldnt work the said i wasnt covered as they dont cover depression or forms of mental illness but i also have renal probs diabetes and very high uncontrolled blood pressure also not covered they refunded my premiums and credited them against the account and left me with the debt and now i have a dca saying they are going to apply to the court plus costs etc etc etc any help most welcome are these people allowed to do this:sad:

[silverfox1961]

Hi,

As you have CCA'd the original DCA and got passed to another DCA, it says to me that they don't have a valid agreement and are passing the buck to some other poor DCA.

 

HAve a look at this letter and send it to your new DCA

 

http://www.consumeractiongroup.co.uk/forum/mbna/175283-dtjim-mbna.html#post1906713

 

You will have to edit it to suit but should do the trick (hopefully )

 

fox

[ck&ll]

thanks fox iill give it a go could i use it against the argos dca?

[silverfox1961]

if you haven't CCA'd Argos then the account isn't technically in dispute. this DCA will send out threat-o-grams on a regular basis so hit back with a CCA request.

 

How long have you had the Argos card?

Roughly how much do you owe Argos? (no exact figures please)

Which DCA is chasing you?

 

Once you have more experience of DCA tactics, you will realise that they send these letters out on a regular basis to scare the uninitiated into paying.

 

Even if the unlikely happened and they did take you to court, the judge would take your income and expenditure into account before making an order of how much to pay which will be much less than the DCA wants (and they can't up it without going back to court) which is why they don't like going to court, just make threats of doing so.

 

fox

[ck&ll]

ive had the card about 2yrs £400+ fredrickson international ltd

also ive just noticed they are charging me intrest

[silverfox1961]

Chances are they will have an agreement. Whether it's valid or not is another matter.

Did you receive a default notice from Argos?

Did you receive a notice of assignment from Argos or Freds?

 

fox

[ck&ll]

dont think so argos statments stopped when i put in my insurance claim freds started a little after they refunded my premiums for a mis-sold policy

[silverfox1961]

If you haven't done so, Keep all envelopes as well as the letters.

 

Demanding payment on a debt without first telling you that they have been assigned the account is in contravention of the Law of Property Act 1925 section 196(4). It has to be sent to you by recorded delivery before they can commence enforecement action.

This is a letter I'm sending to my errant DCA which covers this exact topic

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-14.html#post1992212

 

You should have had a default notice from Argos as well giving you a specific time to make up the missing payments.

If you haven't received one of them either, as I see it, Argos shouldn't have passed the account on as you have to be given the chance to put matters right first.

 

If you can afford it, send Argos a SAR but stipulate what you require from them:

A valid copy of your agreement

A default notice

A letter of Assignment and proof it was sent

Statements

Any written correspondence between you and them

Tanscripts of recorded phone calls (if any exist).

 

SAR's cost £10

Send by recorded delivery

send only postal orders

Give them 40 days to reply

 

This is a link to the SAR

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html#post2480

 

fox

[ck&ll]

thanks fox sorry for being a bit thick sed to ARGOS not the DCA

[silverfox1961]

thanks fox sorry for being a bit thick sed to ARGOS not the DCA

 

S'alright.

I was a bit fick whem I first came here . Yes send it to argos. No point sending one to the DCA as all they buy is a list of "debtors".

[silverfox1961]

PS. thanks for the click. All very welcome

[ck&ll]

Thanks Again Ill Keep You Posted

[ck&ll]

hi silverfox

sent cca last week today they returned letter with my p.o.stating they are contacting the original creditor and they have 40days to respond? I thought they had only 12 any Ideas maybe whats going on

[silverfox1961]

Now I am confused.

 

Did you send an SAR to Freds or did you send it to Argos?

 

If you CCA'd freds then they have 12 working days from receipt of your letter to respond. If they are saying anything different then they are full of s**t.

 

Give them the time to hang themselves.

 

fox

[ck&ll]

sorry fox gave you the wrong info i wrote to both stating that im disputing because no default notice or assignment nothing back yet

the cca i mentioned was to Meritforce for a debt which keeps getting passed around it started at 1st credit then connaught who returned my p.o last year when i sent them a cca now meritforce have done the same

[silverfox1961]

sorry fox gave you the wrong info i wrote to both stating that im disputing because no default notice or assignment nothing back yet

the cca i mentioned was to Meritforce for a debt which keeps getting passed around it started at 1st credit then connaught who returned my p.o last year when i sent them a cca now meritforce have done the same

Aha, confusion sorted

 

I think a bemused letter should have been enough. This is one I have:

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974, the Data Protection Act 1998, the Banking Code and the Consumer Protection from Unfair Trading Regulations 2008.

 

As **original creditor** are now in default of my Consumer Credit Act request, and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor** for resolution of these defaults and breaches, as **DCA** cannot lawfully pursue any enforcement activities.

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. Please also note that any debt collector attending my premises will be removed, if necessary by the police.

 

After taking advice, I am also of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that the foregoing will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing informing me that this matter is now closed. I would also request that you resist the temptation to send me any more of your standard template letters.

 

Yours faithfully

 

 

 

Once a DCA has been CCA'd and returned to OC, you shouldn't need to CCA any other DCA again

 

fox

[ck&ll]

thanks again fox

so even though i ccad connaugh and they returned my p.o. last year they are technically in the wrong to pass it to another dca for collection for not providing the request or have they got out by returning it

[silverfox1961]

Absotively(!) It is against the rules to sell or pass on an account that is in dispute. You don't have to tell them it is in dispute, by the fact of no agreement puts the account into dispute. We just do so to make sure they are aware of our rights.

They can return as many P.O's as they like. Once the request has been made, the DCA have an obligation to supply it. If they can't supply it, they shouldn't be doing any more to it until a valid CCA turns up. They know it but that doesn't stop them flouting the rules.

[ck&ll]

A big thanks again I owe you a beer .i see we have similar intrests and occupation:cool: