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BiGaD09

From one DCA to another!

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Hello to all,

* * * * * * * * * * * I currently have the pleasure of dealing with AIC (**** of the earth) for an old HSBC account. Initially the account was handled by D&G Solicitors (part of HSBC) who aren't solicitors at all just another DCA, I CCA'd them and they had no signed agreement, I dug my heels in and told them to jog on, so all went quiet for more than a year up until tonight when as I say AIC telephoned.

 

 

I immeadiately denied the debt was mine on the grounds of enforceability and just answered no comment to their scripted questioning to which they stated that they would put it through for court action by 5pm Wednesday unless I telephone them back and agree to payment. I don't believe them thus they too can get bent!

 

 

My query is if I CCA them, as I did D&G, does that put the account into dispute thus preventing further action been taken anyway, and furthermore as the account was in dispute with D&G solicitors for a year (as they never resolved my CCA request) should it've even been passed to AIC?

 

 

I imagine I'm not the only person in this situation so any advice would, as always, be greatly appreciated. Thanks in advance. BiGaD09

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If you have already sent a CCA to HSBC (or their in-house lickspittles), and they failed to comply, there is no need to send another. Simply write to AIC pointing out that since HSBC are in default of a s.78(1) request, s.78(6) applies, and any demand for payment is unlawful. Point out that the matter is very clearly in dispute, and should not have been passed to them. Remind them of their obligation to suspend all collection activity whilst the dispute remains unresolved.

 

Rule no.1 is never to talk to DCAs on the phone, ever. Don't answer their security questions, and tell them to put everything in writing.

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Thanks Scarlet Pimpernel will write it tonight. I had an idea that they couldn't do a lot but it's always better just to make sure. Once again, thanks for your clarification.*

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In court by wednesday, what do they have their own private kangaroo court, I would inform the OFT of this threat if I was you


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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In court by wednesday, what do they have their own private kangaroo court, I would inform the OFT of this threat if I was you

 

:lol:The Office of Fair Trading: Contact us

 

Consumer Direct


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest 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 Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings 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

 

 

the bemused letter if you want to use

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Just wanted to thank you all for your help, I'll hammer AIC tomorrow with a letter in the format of debt4get's (thankyou!). I wasn't concerned about dealing with them too much as I was sure I was right but it's very reassuring to have this confirmed and knowing how to deal with them effectively. Thanks again to all of you*:D

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they would put it through for court action by 5pm Wednesday

 

Are they in Zimbabwe or something??

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