disputed debt passed to DCA-advice pls

[moonblessed]

Hi there,

 

I'm just wondering if anyone has any advice they can give me on my situation.

 

I have a 'debt' for council tax/housing benefit overpayment that is currently in dispute. I have seen a solicitor who agrees that I was fully entitled to the money the local council are trying to reclaim from me and he has written to them on my behalf. This 'debt' is also in the middle of an appeal with the DWP. Unfortunately, and despite all this, the council have passed the 'debt' onto a DCA.

 

I received a 1st letter from the DCA this morning and have typed up the following to send to them later today:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Does anyone know what is likely to happen when they receive that letter?

And is there anything else I could/should do at this point?

 

Any advice gratefully received

 

Miranda

[Satoriea]

Hi try one of these letters or put in a search dispute with DWP court action.

 

1 ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

 

* You have fallen behind with your payments,

* The amount owed is not in dispute; and

* You have not made proposals we are satisfied with for repaying your debt, following our formal demand.

 

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

 

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

just edit bits

 

hope this helps

[Satoriea]

2 Send this letter if the bank or DCA threaten court proceedings:

 

—

 

ACCOUNT NUMBER: XXXXXXX

 

 

Dear Sir/Madam,

 

I refer to your letter of **/**/** , in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my current account overdraft.

 

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ******** department and on **/**/** I received a letter from ******** , which acknowledged no such action should be taken on a disputed account and did in fact apologise for previously suggesting otherwise. A copy of the correspondence to which I refer is enclosed for your reference.

 

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

 

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

 

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

 

I look forward to your prompt response.

 

 

Yours faithfully

 

 

 

 

 

 

 

3 Send this letter asking a second DCA to return the account in dispute to the original creditor:

 

—

 

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

 

Yours faithfully

[hungrybear]

Hi moon,

 

You are taking this dca way too seriously. Write to them, tell them in dispute with OC, do not recognise your legal entitlement in this matter, will not respond to you again and that if they write again it may constitute a criminal breach of dpa and is contrary to cputr 2008, something that you will take up with the OC. then ignore them.

 

If you really want, write to oc and tell them that it is contrary to CPUTR 2008 and the DPA to pass this matter to a third party whilst it is disputed hence you do not recognise the the dca's role.

 

BTW - the local council sent a dca to our house once over £10 that she didnt even owe!!! Idiots.

 

In my experience, councils dont seem to have any procedures to deal with situations where they are wrong and even might be wrong

[hungrybear]

the letters above whilst good do not really apply in this benefits dispute situation