Help with a letter please!

[summanotre]

Can someone please help me draft an appropriate letter to the snotty, arrogant git that I had to speak to today regarding

 

No notice of assignment despite me insisting they needed one even if they are 'working on behalf of' the OC

 

My 'personal account manager' I spoke to today is NOT the original one - its some snotty git who appears to have taken over because he didnt like what I said last time.

 

I only called out of courtesy to let them know I was going be making arrangements direct with the OC who were happy to do this. Thats what you get for acknowledging a debt and trying to be courteous to people - although in parts of the conversation I was not so courteous depending on what he said to me.

 

I actually believe this guy has made me his special project and he is now pursuing a personal vendetta.

 

Having checked through my records I dont have a cca and I did have a dispute with the company about returned items not credited to my account some time ago but nothing was done.

 

I dont really have a problem with paying the OC as long as they have corrected the invoices. But now Im flippin stuck. I dont know whether to just ignore the DCA until theyve sent me so many harrassing letters that I throw the lot a them or write a complaint to them enclosing a copy to the OC because I think their agent's behaviour was disgraceful - or complain somewhere else.

 

Advice needed and if poss a draft letter please?

Edited June 2, 2009 by summanotre
Some information in the OP could potentially identify me to the DCA

[GamekeeperToPoacher]

Hi Summanotre,

 

Personally I would not bother writing anything and it really does go to show that you should NEVER speak to them. Never Ever!!

 

GK

[summanotre]

Yeah, I know but I was trying to be courteous - perhaps that took him aback a bit cos he wasnt used to it!

 

I know you say not to bother writing but I dont want the snotty little git to get away with it....

[mr.ton]

Report them to the OFT & trading standards.

[summanotre]

OK, but what do I say?

[summanotre]

Who are these people that the little snot kept referring to and what legal stance do they have?

 

CSA Website

 

Please someone advise?

[make them aktiv runners]

If the DCA is acting for the OC they can do whatever is in the contract between them and OC, ie they can perform the rights and duties of the OC, however they cannot take legal action in their own name. Only if they have bought the debt do they have to inform you of the assignment, if they are acting on behalf of OC only then they have not made a purchase and informing you is purely courtesy.

 

It seems the OC is happy to talk to you, you need to have all correspondence with OC in writing so the DCA cannot claim they are unaware, ie if the OC fails to pass on written information or the DCA ignores it then you have a case to show you are being treated unfairly.

 

Having said that, still complain to the OFT over the way you have been treated by the DCA.

[summanotre]

If the DCA is acting for the OC they can do whatever is in the contract between them and OC, ie they can perform the rights and duties of the OC, however they cannot take legal action in their own name. Only if they have bought the debt do they have to inform you of the assignment, if they are acting on behalf of OC only then they have not made a purchase and informing you is purely courtesy.

 

Hi, thanks for your response, however I have been advised by my solicitor (who's dealing with something more serious for me) that I should always receive a correct NoA from someone if the debt is being passed on - in-house or otherwise. Ive also been given same advice on this forum (unless I have misunderstood that advice - which I hope isnt the case considering my perception of it has gone into several letters :-|).

 

One thing I do know for sure, is I do not have to make arrangements with them because they dont own the debt and Im not obliged to deal with them if the OC has agreed to deal with me directly. Also having checked OFT rules, I have to go through the DCA's complaints procedure first.

 

 

I just need help with an initial letter - and can I SAR ONLY the DCA (as opposed to SAR'ing both the OC & DCA) please, anyone.:-|

Edited June 2, 2009 by summanotre
Some information in this thread/post could potentially identify me to the DCA

[summanotre]

Thank you. They are sending me a copy of their complaints procedure and I have spoken to OFT & TS who have made notes if Im unhappy with the outcome of the complaint.

 

One thing I did think about after speaking to OFT, was the fact that if they supply a SAR, it has to include comments made by the agent/customer service rep. Im sure this cretin made notes, as he seems to be unaware of some of the guidelines laid down. It would be interesting to see if he has & if so, what those may be. If they are negative or derogatory, it will boost my complaint about the treatment I received from the agent.

 

I think Im going to send a SAR letter first, then after considering their complaints procedure I will be in a better position to make sure the complaint contains all the issues I wish to raise.

 

In the meantime, I'll get practising on that letter!

[summanotre]

I have never received a copy of their complaints proceedure - but I did speak (unexpectedly) to the Director. Should I still ask for complaints proceedure or what?