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Hungryforinfo

OFT Complaints process re DCA chasing debt whilst account in dispute

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I wrote to a DCA informing them of an account in dispute following a CCA request. I informed them they had to cease processing my data and any reply was to be in writing only. They replied by sending me an edited agreement doc and a doorstep caller. In their letter they asked me to confirm various questions including confirming my signatiure is as per the edited agreement they sent me (which I won't).

 

My CCA request has not been met, they have sent a doorstep caller and continue to process data. Do I complain to the OFT or will I have to ask the DCA for their complaints procedure and follow that procedure until such time the complaint has been dealt with or not by the DCA before contacting the OFT?

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Which DCA is this?

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You can get an internal complaints letter from the National Debtline website which outlines the process. You should make your complaint on the grounds that they are attempting collection on the account despite it being in dispute. If they don't comply within 8 weeks they can be reported to the FOS.

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First Credit.

Edited by Hungryforinfo
typo

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1st Crud...oh what a suprise :rolleyes:

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I would put in a complaint direct to first crud first and quote relevant sections of the OFT guidelines, threaten to put in a complaint to the OFT.

 

First crud have been warned by the OFT so the more complaints against them the better.

 

Oft debt collection guidelines

2.6 Examples of unfair practices are as follows:

 

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

 

S.


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Deal with your debts:

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Do I also follow a similar process for breach of the Data protection Act? The letter I sent them advising the account was in dispute also informed them that unless they provided the reasoning for continuing to proocess my data without authority they would be in breach of the Data protection Act. I did not state what action I would take if they failed to provide the required information or ignored my letter but gave them a deadline for either replying with a rationale or to stop processing the data (which they have done).

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In order for a complaint to be considered by the OFT do they ask if the companies (First Cruds) formal complaint procedure has been followed? if that is the case I would need to write to First Crud requesting details of their formal complaint procedure rather than sending out a complaint letter.

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OFT may ask if the complaints procedure was followed but even if they don't the fact that you tried to resolve it without recourse to the OFT/FOS and so on will make you look better and 1stCredit like the cretins they are - if they don't sort it out of course!

Edited by NailPost
typo

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