Referring a DCA back to "creditor"

[prolific8]

Apologies for the cross posting, just remembered that I'd seen it posted in this forum a few times. Can someone remind me under what authority/legistlation/guideline I can request that a DCA return a debt to the original creditor as it is in dispute? Any help much appreciated!

[Al27]

Contacting debt collectors is usually discouraged. It marks you as 'live bait'.

[prolific8]

In this case it is sadly necessary.

[Jamberson]

I think you may mean the Administration of Justice Act, section 40.

[lamma]

No, its the OFT documents. e.g http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[diskmandave]

Apologies for the cross posting, just remembered that I'd seen it posted in this forum a few times. Can someone remind me under what authority/legistlation/guideline I can request that a DCA return a debt to the original creditor as it is in dispute? Any help much appreciated!

 

Usually telling the Debt Collection Agency that the debt is in

dispute (in writing), and quoting the OFT Debt Collection Guidelines

(link posted by lamma) is enough.. Threats of Trading Standards

and Criminal Harassment work a treat too..

 

Good luck with it..

[lamma]

Any reputable DCA will back off straight away once informed the debt is disputed. If they don't back off you know they are not reputable and they will try al kinds of scummy things. But once you know that dealing with their rubbish is easy. If its a CSA registered DCA (You can check on the CSA web site) and the break the code or any regulations (the code is a summation of various legislation) then send a complaint to the CSA. Registered DCAs need to protect their registration.

[MARTIN3030]

Moved here.

[bernardski]

Hi, i am new here and feel a great burden lifted from my shoulders just from knowing that other people have had the same issues with DCA's as i have and are offering to share their experiences with them for the benefit others in the same position. My particular headache goes by the name of LOWELL who have been calling me and sending letters demanding payment for a debt they have allegedly purchased from a bank with reference to loan taken out in 2004 and defaulted on in 2006 (Although to this date i have recieved no such letter) I believe that this debt is made up of illegal charges and miss sold PPInsurance more than legitimately owed debt. When asked how they got my phone number i was told that they had probably carried out a check of my credit file and got it that way (Is this even Legal or Possible to do?). They have made numerous calls to me (despite the fact that i asked for all correspondance to be in written form only and i asked for cofirmation of their ownership of this account), each time demanding a payment be made as soon as possible. They even went so far as to make a F&FS offer at a reduced rate if i made full payment within 2-4 weeks (FYI this would have involved me giving my entire wage for this period and having to borrow money which they seemed happy enough with and even suggested a family member could help with the extra!!). They called me from mobile numbers and hung up and i only realised it was them when i rang back and they answered. I rang the bank in question to find out anything i could as LOWELL would't give me any information other than "you owe us £X,XXX's and this debt isnt going to go away" the bank told me not to make any payments whatsoever to LOWELL as they have no information on file regarding me or selling a debt to them (and i spoke to 3 different departments of the bank), they did however at this point say it is possible as LOWELL are one of the collection agents that they use, i since asked LOWELL for a Deed of assignment and a statement of account which they tried on numerous occassions to convince me not go down that path as their offer of F&FS they assured me was an extremely generous one on their part and if i pursued this route i would lose any chance i had of taking it!! Fortunately i then stumbled across this site and in particular 1 feed of diskmandave's about LOWELL (My appologies i believe it was actually Moorcroft but same difference eh!!) and promptly spent hours trawling through the comments and advice offered by others (too many to list but thanks to you all), which by the way i have found invaluable-you all have given me the strength to fight back. I have since sent to them a CCA request letter to which i have had 2 replies aknowledging receipt of my request 2 days apart from each other. An interesting point here to note is that they are both signed by the same person but have drastically different signatures, odd eh?? My plea here now is for help as tomorrow (April 19th) marks the 12th working day since the request was delivered 16th in total and yet i have had no response, what is my next step to take if they do / dont answer my request?? Any help or guidance in the right direction would be gratefully received.

Edited April 19, 2011 by bernardski
Mistaken Name