Some advice re DCA

[prolific8]

Hi guys,

 

Just wondering if any of you could remind me under what provision I can instruct a debt collection agency to return a "debt" to the original "debtor" as it is under dispute? I've tried searching but can't find anything definitive!

 

Thanks for your help.

[Hardupnotfedup]

If the original DCA or OC have failled to supply an enforceable CCA is the most probable reason why you would ask the new DCA to return it

[prolific8]

I should clarify, this is a "debt" based on a contract (a cancelled booking made at a hotel) and has no associated CCA. Apologies if this belongs in a different forum.

[Hardupnotfedup]

Why is the 'debt' in dispute, there must have been T&C's with the booking if these haven't been adhered to by the Hotel Chain then it will be in dispute, in my opinion. Someone will be along soon

[prolific8]

Actually I cancelled the booking, and they've been chasing me for two years for amount prescribed in the T's and C's that they say they're entitled to as a result of a cancellation. I've actually already paid about half of the total amount at a rate of £100 a month, but I stopped paying as I don't feel they were entitled to the money (there's a long story behind this that this paragraph can't hope to cover), and now roughly 6 months after I last paid they've demanded the money in one lump sum.

[harrassed senior]

My suggestion would be to send the 'prove it' letter adjusted to suit. Is this a large chain or an independant hotel?

[prolific8]

It's a large chain, one of the most well-known in the country. I'm going to tell the DCA (Cope's) to refer the debt back to the hotel, and I remember reading on the parking/traffic forums that there was some kind of legistlation/practice by which they were required to do so if told to, I just can't remember what that was!

[Hardupnotfedup]

I feel it would help if the reasons why the debt is being disputed were known.

[prolific8]

Sure. Part of the contract states that they will endeavour to rebook the cancelled slot. I had a colleague phone and ask if the dates I had cancelled were available, and was told they weren't. When I confronted the hotel about this, they denied it (and my colleague didn't record it, which I'd asked him to).

 

I also took photos of the venue on the day in question and it was littered with glasses and general debris. When questioned on this they said they just "hadn't cleared up from the night before". I suspect them of using the venue on the day I had booked.

 

I was a tad naive at the time and feeling like I had no other option, began to pay the DCA at the aforementioned £100 a month. I still don't feel I owe them anything because of their general lying, and so I stopped paying them recently. It's taken them 6 months to even notice.