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Is it legal for a DCA to do this


teaboy2
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Hi all.

 

A friend of mine got a letter yesterday from Castlebridge Crecdit Mangement yesterday regarding a payday loan that they say he owes their cleint. In the letter they state that they will carry on attempting to take payment from him using his card details.

 

Now my friend has never had any prior dealings with this company and until yesterday had never heard of them. He also cant be sure if hes heard of their client either so ive told him to do a request for a CCA and notice of asignment etc.

 

But my question is. Is it legal for a company to pass on your credit/debit card details to a DCA, and is it legal then for the DCA to take payment using those details without your consent being given to the DCA to take such payments?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

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Thanks Pinky

 

I thought it was illegal to do so, but thought id ask here first before giving him any advise on how to respond to them stating they would do that.

 

are there clients also liable or acted illegally by passing on such details to the DCA if so what law have they broke? and what shall i tell my friend to write in a letter in response to that. because if they have broke the law passing on those details, then am sure my friend would like to stick it to them

 

Accesspwd and Mr.Ton

 

You bet, am going to make sure their reproted to the OFT and TS

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Chop and change this and send recorded...

 

Dear Sir/Madam

 

Account no:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have never had any such dealings with this company in the past.

 

On a more general note, what concerns me is that you state that you will be passing card details on to another company, as I understand it this is against the law.

 

I am fully familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable.

 

What I require:

 

I would kindly ask what information you hold on me that made you contact me in the first place, and where you acquired my information from.

 

What steps are in place to ensure this does not happen to me again.

 

Confirmation in writing that I do not owe you or any client you represent this amount of money.

 

Confirmation that you have not placed any adverse data on my credit files.

 

A written apology for this mistake which led me to a state of panic.

 

As an OFT Licence Holder, you must have in place an official complaints procedure, I now require this within 14 days, if this is not forthcoming, I will report your actions to the Office Of Fair Trading.

 

I look forward to your reply.

 

Yours faithfully

Edited by 42man

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Cheers 42MAN

 

Does my mate still need to send the request for CCA and Notice of assignment along with the letter you sugested? because hes not to sure if hes heard of the client or not.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Just send the letter in post #6

Anthrax alert at debt collectors caused by box of doughnuts

 

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ok thanks everyone

 

ill pass your advice on to my friend and let you know what their response to him is.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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