My Debts & Various DCA's & Letters

[rebel11]

Hi will

 

Have a read of number 5 and 6 in my signature.

At the very bottom of 6 there is a summary. Point 4 is important.

[willtheywontthey]

I've read that before and got comletely bogged down.

 

I'm trying to find out if the discussions here on CAG - and there are many - are identifying any differences between enforcibility issues with regards to older ccas and newer ccas? I'm either thick or there are no real differences but every now and then I read comments saying situation hasn;t changed for pre 2006 changes ie older ccas? hence my confusion.

[PriorityOne]

Older CCAs (CCA 1974) have the benefit of sec 127 (3). Newer CCAs (CCA 2006) do not. It's not retrospective on old Agreements BUT if you go to court, your defence needs to be clear on what you're defending against. This is where people fall down and why it's far easier to fight pre-court.... so that you don't have to go through this scenario.

 

Reconstructions are permitted in response to a s78 request only..... but creditors/DCAs are still using them to enforce through the courts on the basis of consumer ignorance. That's why consumers need to be pro-active, argue the points beforehand and if they still receive court papers, make sure the defence is as watertight as possible.

 

[willtheywontthey]

Thanks - so the defence needs to be as strong really for those older ccas regardless of the construction of the cca (prescribed terms etc) but it could be of assistance in court. My thoughts were blurred on that issue...

 

I'm still in the same boat then with DCAs in stating an older cca 'application' / 'agreement' has missing this and that in order to make then go awol but they could provide a recon whcih would then be different to the 'original' they sent me in my SAR or to my original s78 request many moons ago.

 

Now court could be trickier if that's all I'm relying on although Wakeman would be useful.

[PriorityOne]

Thanks - so the defence needs to be as strong really for those older ccas regardless of the construction of the cca (prescribed terms etc) but it could be of assistance in court. My thoughts were blurred on that issue... Any defence needs to be strong; CCA 1974 or 2006 and you need to understand what it is you're defending.

 

I'm still in the same boat then with DCAs in stating an older cca 'application' / 'agreement' has missing this and that in order to make then go awol but they could provide a recon whcih would then be different to the 'original' they sent me in my SAR or to my original s78 request many moons ago. DCAs will tell you anything because they're hoping to play on consumer ignoramce. You have to know what's right and what isn't. That's your job, so to speak.

 

Now court could be trickier if that's all I'm relying on although Wakeman would be useful.

 

Court is always tricky because it's a Judge lottery....

[Happyhippy1959]

BB, that's an insult to hardworking Thomomys talpoides !!!! Give a Rodent a bad name...

[Bazooka Boo]

I much prefer the

Suricata suricatta

 

[willtheywontthey]

A 'solicitor' sending letters requesting payments on behalf of a client (DCA) has within their organisation a data controller but as they are acting on behalf of a 'client' they want me to contact their 'client' to do the SAR. They are the data processor I guess (they did not say as much)

 

Is it possible to individually SAR an organisation regardless of whether they are data processor or controller?

 

I would like to SAR the so-called solicitors but have written to them twice now just to get them to 'communicate' on the CUPTR and twice they refuse to answer - in fact they do not 'communicate' still when they reply to me! :roll:

[May Fly]

check the ICO website to see if the solictor is registered: http://www.ico.gov.uk/ESDWebPages/search.asp

 

if they are, the site will give details of how to contact the data controller. If they're registered, SAR in the normal way.

 

If not registered, phone the ICO to ask if they should be, and what you can do to get info if they;re not registered.

 

Many solcitors prostitute their stationery by letting DCAs use it. The letter is never seen by the solcitor, and they will never of heard of you, and have no data about you. The key is that the stationery will direct you to contact the DCA to discuss the letter, and most/all DCAs simply ignore whatever you write, because the letters are churned out by computer. You can write to them in response, but chances are it will simply get ignored as they churn out more letters to you according to their schedule - one every 8 days or so. Thats why the letters you get don't answer your letter - they're just template letters.

 

you can write to the MD of the DCA, or simply wait a reasonable time for them to reply, and then complain to the CSA, their 'governing body' (ROFLMAO). It won't achieve much but gives you a sense of satisfaction. I understand DCAs have to send a summary of the number of complaints they receive to the FSO. You can also complain direct to the FSO.

 

If a 'real' solcitor is writing to you, the info they have would be minimal - name address, amount owed, account number, just the basics that they can quote in their letter.

 

You can also complain about the solcitor to the Solictors Regulation Authority. First of all, complain to the MD/Senior Partner/ in charge of complaints, and then after a reasonable time, to the CSA.

 

If more people complained about solcitors when they get these letters, perhaps solcitors would work out that they cost of dealing with teh complaints was more than they got from prostitution

[willtheywontthey]

Could somebody clarify and possibly provide an update on 'notice of assignments'?

 

My vague memory recalls that a noa was needed if a debt was sold on to a DCA but sometimes the DCA themselves would print and post these form the OC?

 

Are there different types of NOAs?

 

Does a DCA need some form of NOA for simply collecting monies from me on behalf of OC and who should send it? Does the NOA need to have some particular layout?

 

I'm getting DCA after DCA after DCA on behalf of OC but the OC hardly ever mentions which obe is acting on their behalf... should they do this and if so should the OC do it every time a new DCa comes along?

 

Thanks

[rebel11]

Hi will

 

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/Postcontractinfo

[Bazooka Boo]

IMO wtwt, if the account is passed from pillar to post without any notification then you will be well within your rights to question the new beggar.

 

If A passes to B who then passes to C who demands money, then passes to D who again demands money before passing to E, why the hell wouldn't you question who wants what and when??

 

 

If it has been doing the rounds as much as you say it has then it is likely to be unenforceable or full of charges that they cannot claim in court.

[willtheywontthey]

in response to my (second attempt) CUPTR question whether the OC had the original the OC stated they confirmed that the original agreement is not held on file.

 

It's a pre 2006 cca.

 

The cca they've provided is illegible in many parts. The latest reply said they're asking another dept for a legible one..... and t+Cs to be sent

 

Any comments / advice???

[Desperate Daniella]

Hi there,

 

Which card? Which DCA? We'll need a bit more info here.

 

DD

[willtheywontthey]

Hi there,

 

Which card? Which DCA? We'll need a bit more info here.

 

DD

 

Would rather not identify them at present in case I get identified. Appreciate reply but hopefully advice can still be forthcoming regardless of oc being 'nameless'..???

 

Thanks

[Desperate Daniella]

Okay. The reason I asked is because some DCAs do more than others. Some can be seen off quite easily; others need to be treated rather more robustly. Some old credit card accounts have been sold on when the OC knows they do not hold a properly executed agreement. Some so-called agreements are just application forms.

 

Please come back when you receive what they send next.

 

DD

[willtheywontthey]

Had a letter asking if I am me and to contact them if I was and even if I wasn;t about a 'personal matter'.

 

Never had this sort of letter before as the DCAs just write to me.

 

Are the DCAs not supposed to write without checking I live at the address they have for them?

 

Do they check each time they are new to me?

 

Last year I decided to remove my name form electoral roll so perhaps this is the reason?

 

Are DCAs allowed to ask neighbours to contact them as to whether I live at my address?

 

Are they then allowed to use this information as being 'reliable' and contact me?

 

Trying to figure out this new 'approach'...

[Bazooka Boo]

This is their very own 'high tec' way they use to trace people.

 

Definite phishing trip.

 

Wait until they 'wrongly' assume you are the debtor they want to discuss this 'personal matter' with then lodge a complaint with the OFT & TS.

[willtheywontthey]

Thanks for reply - what I don;t get is how tens of other DCAs over last three years or so have written to me without checking who I am? Why do these check rather than just write to me like all other DCAs?

[dx100uk]

nothing new about that letter

 

just another 'phishing trip'

 

to spoof you into contacting them.

 

and no they [legally]

cannt ask neighbours anything .

 

phishing letters are a very good income

 

i once heard it said that 75% of the money dca's get

are from people that cough up when there is no legal need to do so.

 

all it does is put profit directy in their pockets to fund 'phishing trips' on others people

 

dx

[cerberusalert]

DCAs interpret the OFT guidelines in their own inimitable way. Mind you DCA and OFT guidelines is in fact an oxymoron.

[willtheywontthey]

Been a bit behind the times with my situation for a while (yet again) - ostrich mode I guess.

 

Does the owner of the 'debt' have to provide annual statement or report - what if they don't provide this?

 

Should each DCA provide me with some form of NOA or the OC provide me with one at point of first contact?

[willtheywontthey]

Going back couple of years 'somebody' contacted my neighbour saying they had a parcel for me and wanted to check if I still lived there - no proof unfortunately other than my neighbour mentioning it. And yes she told them I still lived at the address they had.

 

Basically they should not contact me unless they have some reason to assume I live there? Is it only DPA they would be breaking then due to disclosure of financial information? I read so much about people getting other people's persona;l data / letters etc at their new home so what I don't get is why don;t they just write to me 'assuming' I live here - why bother phishing? The DCAs don;t seem to care about rules so how come they only 'phish'?

[willtheywontthey]

Had ordered a dress as a present over Internet for Xmas using my debit card, as I had done a few times from same company over a two week period (daily sales or offers varied) so it arrived and thought nothing of it. Other items arrived over a two week period also.

 

Some time after Xmas I got a letter stating I owed £17 for item number 1234567 - I wrote back saying I paid by debit card. They wrote back saying payment didn;t go through so they posted it to me anyway. The 'statement' they sent stated I had £100 credit limit (like a mail order form) and owed them £17 plus late payment fees of a similar amount!! I wrote a detailed letter back saying I had never opened an account / arranged credit with them and never have them permission to do so either. They wrote back saying you got it you bought it or give it back (must be late January by now and present given obviously). Their letter annoyed me so I ignore it.

 

Since then I have had a letter from a DCA saying they have bought the 'debt' and I now owe them the money. What I'd really like to know is if the OC or the DCA are allowed to put a default on my credit reference for such a small sum????

[citizenB]

NoA - Notice of assignment . This can be provided by either the Original creditor or the new owner.

 

Statements - yes, you should reasonably expect statement of account at least every 6 months.

 

If you want to establish if the person pursuing for payment does own the account then you can send them the letter attached.

 

Draft request for assignment - Amended Draft.doc