What rights have DCA's got?

[mogwell]

I appologise in advance for my ignorance in this matter but how do I tell if a DCA is acting on behalf of the original lender or has actually bought the debt from them. Are they then entitled to claim the entire debt back from you or only the amount that they have 'bought' it for?

[silverfox1961]

Hi,

Usually there will be something on the lines of "Our client" somewhere in any letter and when making payments, it is usually to the original creditor. This is where the DCA are collecting for the OC.

 

If a debt has been sold, you should have received a letter stating as such or payments direct to the DCA.

 

As for what rights a DCA have. NONE!

 

If they have a fully enforceable agreement in their possession (pre 2007 agreements) then they can go to court to enforce it but if they have nothing, how can they prove they have the right to be collecting.

They will threaten all sorts of woes upon you but in general, that's all it is. Threats

[debt4get]

dca's have as much rights as you or me...none..

[unclebulgaria67]

You would have to be pretty unlucky to be taken to court, if the agreement you signed was prior to April 2007, when the Consumer Credit Act revisions came into force, that affect how debts are handled by the courts.

Debts are generally assigned to DCA's under contract and if they collect they get a percentage. When a creditor asigns your debt on, you should get a notice of assignment letter through, saying that X DCA will be collecting any payments due.

 

What you have to be careful of, are sneaky DCA's arranging to send court papers to an old address, to gain judgement by default because you did not defend. So keep on top of what is going on with the various debts. You can check your credit records with the CRA's to see what debts are registered to who.

 

Another good thing to do, is be prepared for anything, by submitting subject access requests under Data Protection to any creditors you owe money to. Ask them specfically for copies of all correspondence issued, statements of account and a copy of the original application, plus a copy of the original credit agreement. If you have all the information, this could help you decide how to deal with the different debts. If a creditor writes back saying they haven't got the credit agreement, then you can challenge any DCA that comes out of the woodwork, knowing the creditor has said they don't have it. If they have no copy of the agreement, they would find it very difficult to take the matter any further.

[Guest HeftyHippo]

It is my policy when a DCA writes to reply and say I've never heard of them and won't enter into correspondence unless their alledged client confirms their appointment and the nature of it, ie as collector or full/part owner of the alleged debt. I also ask for a copy of their complaints procedure and details of their professional body and the body's code of conduct.

 

In nearly all cases, they ignore the letter....... so I ignore any more of theirs, as I said I would.

 

DCAs are a big flywheel, they just keeping turning, Theyre not geared up to respond to situations, only to keep doing the same thing. In nearly all cases, when they don't get anywhere, they give up.

 

When they start threatening legal action, I write complaining that they cannot as they don't own the debt, and I ask for an apology and explanation as to why they have misrepresented the situation and their authority.

 

Of course, they never reply, so I am then entitled to complain to the FoS about their conduct for misrepresenting the situation and not providing their associations cod eof conduct. At the same time, I write to the OFT pointing out that by not providing their complaints procedure and associations code of conduct they are breaking their assoctations code of conduct, and that is evidence of an unfair relatationship. i also point out that together with them not abiding by the OFTs guidance (mis stating the legal position) it brings their suitability to hold a credit licence into doubt, and I ask the OFTs opinion.

 

Quite a lot of work but the result is that as soon as I start making those complaints, the DCA disappear as soon as they have sent me an apology. My MP is now interested in how many of these DCAs act like this as I have asked him to raise the matter with the OFT

 

Oh, and when a creditor sends a debt to a second DCA without informing me, I do the same to them too.

 

Its all a big machine, just designed to consider only their viewpoint and keep on treating everyone the same way.

 

With enough complaints, things will change

[Guest Cartaphilus]

dca's have as much rights as you or me...none..

 

I was just about to post in reply to the thread title:

 

'I think it's a question of what rights DCA's don't have'.

[AA99]

DCA letters make great material for the kids to make paper planes with when it's raining

[harrassed senior]

......or shredded and used in an appropriate manner, to line the cat litter tray!

[mogwell]

I would just like to thank everyone for answering me so quickly!!!! It certainly is a massive help to know that you are not alone but I am still a bit apprehensive about tackling some of these people - they are all very intimidating.All of my credit card and loan agreements are pre April 2007 and although I have never sought to 'welsh' on any of my payments, I do feel that over the years they have more than made their money out of me!!!

[harrassed senior]

There really is no need to be in awe of these people (DCAs). If you wish to start tackling each debt, then send them each a CCA request (this goes to whoever is chasing at the moment). If and when you receive replies, start seperate threads for each and we will be along to help. Take back your life!

[Bazooka Boo]

Ah by intimidation do you mean you have been listening to their porky pies on the phone?

 

If you keep everything in writing, then they won't threaten you like they do over the phone, simply because they know that if they did, they would end up in court, unless that is your recording your calls and are quite happy to bait them on the phone?

[Guest Cartaphilus]

I would just like to thank everyone for answering me so quickly!!!! It certainly is a massive help to know that you are not alone but I am still a bit apprehensive about tackling some of these people - they are all very intimidating

Fear. That is what they rely on. They are nothings, no ones. I wouldn't give these people my personal time of day under any other circumstances. Intimidation? Only if they've been trained using Grimms Fairy Tales ...

 

You are somebody, they are not. They are nobodies, nothings. These are people that live in the darker places in life, they only know how to bark, scare, frighten people, and know nothing about your legal rights. These are people in any other walk of life I wouldn't even glance at because of their nastiness towards other human beings. If I walked by them in the street and they wanted my help, I wouldn't give it. I'd give it to someone like yourself who were the victims of these people. Because you are worth giving that help to, they on the other hand can get 'help' from wherever people like that get it from.

 

They have cast their lot in life by choosing to behave that way towards everyone. What goes around comes around in the end.

[Abby25]

This thread couldn't have come at a better time .. I was about to post a new one but think it may be more helfpul to others here so all in one place.

 

Long story cut short ....

 

Have a CCard debt, OC admits no agreement and that they are unable to legally enforce ... seen off a good few DCAs ... then arrive Fredricksons...

 

Have sent them the bemused letter, and also a copy from the OC saying the debt is unenforceable ...

 

They have responded with a "letter before action", and have included what fees will be added to the debt at court i.e the court costs of £190 and solicitor costs of £190 ...

 

The debt hasn't been asigned so can THEY take me to court (or threaten), also what would be the best letter to respond to this LBA with?

 

Thanks all

Abs x

[creditcardmug]

As above they have no more rights than you and i, they work on intimidation/fear.

When it comes to court action its another matter entirely,

 

As to your original question, tell them by letter, you require a "Notice of Assignment" from the original creditor, before you will deal with them further, admit nothing, head all your letters with " I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU MAY ACT FOR"

 

Do not speak to them on the phone

[mogwell]

Thank you everyone!!!!!! I obviously have not actually acted on any of this yet but I am so glad to 'speak' with people who have had similar experience. I am constantly being called on the phone by these people and left 'demands' to call them back.I did think that I was entitled to request that everything was handled in writing (I am quite happy for this to be via e-mail) as it is obvious that one needs 'hard copy' when it comes to arguing the toss!!!!!!

[Guest Cartaphilus]

Good, now ... Now to put things into further perspective say using this analogy which I hope you will get the gist of:

 

These people are like spiders trapped in a jar, the spider is more than likely more afraid of you when placed into perspective.

 

Severals weeks ago I met someone with a group of friends on a totally unconnected matter ... I would say if a DCA phoned him (because of what his 'vocation' in life is) then they would have the fear of God put into them purely because of it.

[harrassed senior]

With reference to the telephone calls, send them this:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

[harrassed senior]

With regard to LBA you could send this:

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that county court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil Procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the fos for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

[Abby25]

Thank you .. thank you ... thank you .... to CreditCardMug & special thank you to HS for posting up the letter ... !!!

 

I'm not sure if their letter crossed with mine enclosing the acknowledgement from the OC that the debt is unenforceable ..... so I think will wait a few days before I send the suggested letter .. I suspect Freds have no intentions of any court action and just want to "shake the tree to see what falls out" ... but then you heard about the boy who called wolf ... he got a rather large surprise .... !!!

 

Time for a taste of their own medicine I think ... anymore from them and their LBA, I will start my own thread so that its easy for everyone to keep up with it, and use for similar probs they may be having with the own DCA ...

 

Thanks again guys ...

Abs x