dg solicitors,first direct,no cca

[JackShepherd]

Hello, this is not my first post! I have changed my user name as my original one was too easily identifiable.

 

I had an old first direct loan and bank account . I got into financial difficulty 10 years ago and stopped paying . I used a dmp and formed an arrangement to pay all my creditors. First Direct rolled my debt up (loan and overdraft) and sent it to DG solicitors. I have subsequently been paying them for almost ten years. More than any other creditor they used scare tactics and have been the only ones who have genuinely upset me over the years. They threatened a charge on my property,I was in my twenties at the time and they made it sound like they could do it with no problems at the drop of a hat. I wish I had kept all their letters over the years as it would be quite a dossier.

 

The reason for this thread is that after requesting a cca they admitted that 'due to the age of the debt' it can't be located..... but that I should continue paying as they hold over 8 years payment history from me which 'proves the existence of the debt'. Well ,its actually nearer to ten years. I had no idea it had been so long and looking at the payment history angered me.I have posted it up for all to see. As you can see there are 2 account numbers with sort codes at the top.This must mean its 2 debts rolled into one as I thought..Do loans normally have sort codes though?

 

It states NEW BALANCE (AUG 99) and then 10 days later the amount has grown to over 12k. where did this £900 interest come from ? I now think the figures were made up and the fact that they have no paperwork whatsoever on this account makes me wish I had questioned this sooner. I have been diligently paying out of fear for almost ten years and the debt is now approx 3k. Where the original figure came from,I am not sure. I thought I had a loan and o/d. I was young,so the o/d couldnt have been more than 1k. I think the bulk was whatever was left from an 8 or 10k loan....But who can say for sure now?

 

Obviously I am now in a position where I shan't be paying anymore due to the lack of documentation ,which is good. I am interested in trying to recoup some money. I know the advice on here has been don't try and recoup if there is no cca,just walk away. But I believe this is slightly different due to the unsubstantiated amounts involved and the tactics they use to keep the debtor paying.

Would it be foolish to try and do something about it ? with my other creditors who can't produce a cca I am planning to offer small full and final's, but not with DG! I would rather die than give them another penny.

 

Any advice?

 

http://i591.photobucket.com/albums/ss355/DAZZAJOJO/DGSTATMENT-1.jpg

[car2403]

Moved somewhere more appropriate where you'll get more help

 

Check this out for starters;

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/84285-ccas-dave-against-world.html

 

Have you sent CCA/SAR requests for these 2 debts, already?

[cerberusalert]

but that I should continue paying as they hold over 8 years payment history from me which 'proves the existence of the debt'

LOL, of course the debt exists but their problem is they cannot provide an enforceable agreement which means they cannot take any legal action if you decide to tell them to go forth.

 

You should send the original creditor a SAR to see what has been going on with this a/c, you will receive copies of your statements from which you will be able to determine what unfair charges you can reclaim, which given the length of time you have been paying could be substantial when interest is added.

[JackShepherd]

ok thank you Cerberusalert. That's a good place to start. It sounds to me that there is no documentation pertaining to the amounts though...is this plausible? or would there be something somewhere ?

[cerberusalert]

It sounds to me that there is no documentation pertaining to the amounts though...is this plausible?

Well, didn't they state;......."that I should continue paying as they hold over 8 years payment history from me which 'proves the existence of the debt'."

[JackShepherd]

ok yes of course. I will send first direct a sar and see what they come up with. Thanks for your advice.

[JackShepherd]

A quick update....I SAR'd first direct and today they sent my £10 back and a letter stating that they hold nothing on me,the last known account activity was 1999 and that they only hold data for 6 years after relationship has closed.

 

This means I will never find out where the original figure came from (it also confirms no CCA's which is good news)

 

However I am slightly disappointed as I can't now find out if my charges added up to more than what I currently 'owe'.

 

As I said in original post I am angry about this account as I have paid them blindly for so long ...now I find out there is absolutely no data or real evidence of this debt whatsoever. The only 'evidence' is the amounts I have been paying regularly. Any chance of recouping anything? or should I walk away?

[cerberusalert]

Personally I'd walk away from it now, but first make a complaint to the ico because even tho' this a/c was closed it was still active in the sense that collection activity was still taking place so the documentation should have been kept because of the Money Laundering Act & probably the Data Protection Act.