My Debts & Various DCA's & Letters

[willtheywontthey]

will the DCAs also be able to claim CCAs sent and we have to provide extra time for arrival?

 

Are ccas not supposed to be posted recorded to us by the way - could they prove they sent them otherwise?

[Bookworm]

Meanwhile, Argos sent us a statement saying that because of the strike, you might not get your statement on time, but you still have to pay by the given date...

[willtheywontthey]

Letter stating debt bought / assigned from Part A (usually OC) to a DCA. The DCA address is on envelope BUT two letters inside. One from OC and one from the DCA - both dated same date eg 10th and the one envelope containing them arrives next day or two to my address.

 

How does this happen and are the DCA allowed to seemingly use the OCs (seller's) headed letter to send to me? I'm not sure whether DCA wrote the letter but they certainly posted it - did OC email it to them or authorise them to use their letter head /letter?

[Guest wino]

Could it be that the DCA is the inhouse collection dept for the OC? Are they one and the same?

[hammyhound]

I also had this checked out as I had the same. Even they spelt my address wrong on both letters, both typed with the same font. One was "apparently" letter headed from the OC and the other from the DCA. If, and this cant be proved the OC gives authority to the DCA to do this then there is no problem and no deception which I thought was at the time.

 

HH

[shirei12]

Do we have to give extra days (CCA) due to postal strike. 12+2 days up on Tuesday.

[PGH7447]

Some DCAs - I speak from experience - also lodge claims just before Christmas, say 18th-19th December, knowing they'll get caught in the seasonal rush, and you might also be away from home. Devious swine.

 

not wrong there I got several threat-o-grams on the 22 dec, giving me 7 days to respond, so I send them all back with gone away written across the top of the letters hahahahaa

[willtheywontthey]

Asked this some time ago on another section to no avail but it's a hindrance not knowing. Does the party we send a SAR to have to provide the 'copies' ie photocopies of all written correspondence or not?

 

Also I have an OC - Marbles I believe - (lost count of which DCA!) replied to my SAR with usual stuff but added in their letter they did not have to provide me with a copy of the default notice. Any advice on this point much appreciated as I really need to know about this DN they claim to have 'sent' - as far as I know I got several threats in the lead up to the default but no DN.

 

Then again I'm sure I read somewhere that they do not have to give you a DN????

[welshwizard]

I wa sunder the impression that they had to provide everything they hold on you - but in my limited experience they tend to be very selective with what they send.

[F_DCAs]

If the account is terminated, then yes they do have to send a DN. That document is specifically designed to give you a reasonable chance to rectify any arrears.

 

If they've terminated without issuing a DN at all, then that's unlawful rescission of contract, and it's game over for them.

[teaboy2]

yes, as far as am aware, once u issue them with a subject access request then they must provide you with copies of everything they have on you regarding the account and any data they have on you. that includes taped telephone conversation, copies of letters sent including DN, and even down to the small things such as internal company notes added to you account on their database by their employees.

 

Basically, any activity that has accured and is documented by them, must be supplied to you. the fact they are stating that they do not have to provide you with a copy of the default, means they never issued one or it was the original creditor that issued it. in which case you need to subject access the original creditor.

[willtheywontthey]

Thanks - has anybody got any links to the regs or guidelines which I can quote them please?

[F_DCAs]

Do a Google search - Consumer Credit Act, Enforcement, Default and Termination Notices. You'll get many links come up, but the OPSI website will list the relevant info.

 

Default notices come under legislation - unlike OFT Guidance (which are industry guidelines), DNs come under rule of law and a company messes up big time if they've issued a duff one or not at all.

 

However, don't tell the company that. If they won't provide you with one, that's a good sign that they can't find it, or know they don't stand a chance if it went legal.

[willtheywontthey]

I just want the OC which stated in writing they did not have to supply me with the DN as part of a SAR to admit to the fact they 'should' (cannot find a precise piece of law that says that yet) and supply it or admit they 'should' and then explain why they haven;t / won't - then I have a tighter case for any future action from the 'buyer' of this debt. A still stuck with needing precise law bit that says this though... need something precise linking SAR and DN if possible???

[2Grumpy]

Look on the information commissioner's website

 

Information Commissioner's Office - ICO

 

They must provide copies of everything that they have (unless you asked for less). There is no exception for any specific document.

Ask them to justify not providing a copy of the DN - which is obviously an important document for them as well as you.

After the 40 days are up, complain to the Information Commissioner that the SAR is incomplete

[willtheywontthey]

I do apologise. I just cannot find anything simple that clearly says what needs to be provided. I find gobledeegook and that's my problem. I am useless at finding exact and relevant information. Added to that is I have to get on and off here, and associated sites, because otherwise my partner becomes aware of what I'm doing - (long story - let's not go there)....

 

If any kind soul could pinpoint a precise point in any organisation's guidelines / laws I would be eternally grateful.

 

2 Grumpy you say they need to provide copies of everything I have asked for. In the past I have been told they do not have to give 'copies' as such but 'notes' would do as well. It gets very confusing as to what exactly is supposed to be provided. Well for me anyhow.

 

Have complained to ICO about other Ocs in past (mainly because they had not sent all statements or in case of RBS they quoted some stupid anti-terrorist / criminal act not to supply me with information. ICO sided with me but that was that - no fine nothing. 'do better' basically. Still need to know what exactly they need to provide and with sme sort of written reference to guidelines etc if possible please?????

[2Grumpy]

Individuals have a right under the Act to make a request in writing for a copy of the information you hold about them on computer and in some manual filing systems. This is called a subject access request. They are also entitled to be given a description of the information, what you use it for, who you might pass it on to, and any information you have about the source of the information.

Taken from:

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

The DN contains personal information, you can be identified from it, therefore it must be included. The notes have to be supplied as well.

I have been told that they can just provide notes before - a quick letter to their data registrar cc their md threatening a complaint to the information commissioner sorted things out quickly

[Guest]

Hi

 

Maybe an obvious q, but is the 'comms log' the 'communications log'? Should this be specifically asked for when doing an SAR?

thanks.

[willtheywontthey]

am making complaint to ICO now that I have some time about them not providing DN as part of SAR. I will make reference to your posts - thanks Grumpy.

[willtheywontthey]

How do I use this information to get my credit report ie default remedied?

 

Bank defaulted me (will not provide copy of DN as part of SAR)

CRA said at time bank says you defaulted so you did......

Some unknown DCA / Bank's name is now on this account with CRAs

This unknown bank / DCA sold it to Lowlife

Lowlife say their 'client' (??) who they bought account off cannot find credit agreement due to age of account and they will go awol for now.

 

 

So how can I give original bank some grief, the unknown DCA grief and Lowlife some grief based on this scenario?

 

Already made complaint ref OC to ICO ref SAR

Already made compaint ref unknown owner ref nothing at all reply to SAR

 

Is there anything else - bit more concrete to get the CRA to remove information.

 

Actually who then legally wons the account is they cannot find a credit agreement? (OC had a very dodgy one but seem to have forgotten to hand it over).

[Guest Old_andrew2018]

Bump

[Bazooka Boo]

Financial Ombudsman Service

 

Consumer Direct

 

The Office of Fair Trading : Contact us

 

Can't think of any others?

[willtheywontthey]

Done all of those - thought there may be some experiences out there of Caggers who've had DCA owners (sorry typo in heading!) say we have no CCA (yet) and we'll go away (for now).

 

Is this too good to be true?

[harrassed senior]

Have had 2/3 of those letters myself, in fact, one today. It has been my experience that they do come back many weeks/months later, either with an application form and keep trying to get me to pay up based on that info, or just sold on to another DCA. I guess it is the luck of the draw.

 

Have tried many times to get CRAs to remove/correct data but to no avail as yet.

[Pinky69]

It is difficult to get defaults removed. You can go down the route of complaining to the ICO and if that fails go to court. If whoever entered them refuses to remove the entries, that is all that is available. I am taking 2 banks who refuse to remove entries to court in the New Year and suing a DCA for damages for an entry they made, now expired, with absolutely no paperwork whatsoever.

Edited December 15, 2009 by Pinky69