Quick question about multiple DCA's collecting on the same debt....

[AzziDePazzi]

Hi all,

 

Just a quick question as I'm having trouble searching the threads for this or finding a template letter...

 

I have an alleged account with the idiots at Moorcroft who have backed themselves into a corner by not being able to supply me with an acceptable CCA request. I put this account into default and it currently stands as unenforceable from what I know.

 

Recently, I have received a letter from another DCA trying to collect on the same debt.

 

I realise this is unlawful and need to send them a letter to slap their wrists tell them to back off.

 

Can someone point me to a similar thread or sample letter where I might be able to gain some info? Has anyone had similar experiences?

 

Thanks in advance =)

Edited June 16, 2009 by AzziDePazzi

[deathbycrayons]

I assume you mean CCA request? Did Moorcra write to you to admit they couldn't locate the CCA?

[AzziDePazzi]

Sorry, yes! CCA. I'll amend it now =)

 

They replied with a ridiculous excuse of an agreement that didn't meet their obligation at all. I have gone through all the motions:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190740-my-agreement-enforcable-egg.html#post2117579

 

.. and at this point, I have requested them to remove my details under the DPA and as far as I know, they actually have. Or at least they aren't sending me any letters any more.

 

From what I can infer, they have simply passed the account on to another DCA.

[angry cat]

This is against the OFT Guidelines on Debt Collection;

tell them that you are reporting them to the OFT.

 

AC

[the_shadow]

Angry_cat is spot on.. this is a no-no

 

You might want to quote the Debt collection guidelines published by the OFT, specifically:-

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

 

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

 

S.

[Blondmusic]

Try sending this letter to the 2nd DCA which is trying to collect the same debt. Naughty naughty. Do not sign the letter, send recorded and edit to suit your needs. Thanks to 42man for this excellent letter.

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with (Original DCA) and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from DATE has NOT been answered.

 

As (original creditor/name of debt collection agency) are now in default of my Consumer Credit Act agreementrequest 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.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

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

 

If (New 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.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this 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.

 

Yours faithfully

[F_DCAs]

If the 2nd DCA asks you to forward a copy of the CCA you sent to Moorcrap, don't. The dispute letter is all you need to send, and as far as the 2nd DCA is concerned, that's as much as they need to know and all you need to tell them.

[AzziDePazzi]

Thank you guys