DCA tells me to contact bank for further information

[AngryWithAmex]

Hi

Just a quick bit of advice, sent DCA a CCA and SAR, they have replied to CCA and also told me they have sent SAR to solicitors, also if i need any further information i should contact the bank.

 

My questions are this.

 

1) If DCA claim to have deed of assignment, why tell me to contact bank for further info, surely they should hold all info about account since they purchased it.

2) Is it normal to send SAR to solicitors, or are they hiding something and what to find out exactly what they should send. SAR requsted deed of assignment.

3) Can i put account into dispute, as credit agreement is barely readable and no t&c's sent.

 

Any help on these 3 ponts would be appreciated.

 

Thanks

AWA

[rebel11]

Hi Angry

 

1) They should have all the details on the account, just deal with them, remember if they don't provide data as per SAR Request you can report them to the ICO.

2) Your SAR request is a legal request, there is no reason that it has to be sent to the solicitors, unless they are filtering the data. You could send the bank a SAR

Request that way you know you are going to get the complete data. Remember they've only got 40 days, after that report them.

3) Scan, Post the agreement after removing all personal details. The guys here can have a look.

 

http://www.ico.gov.uk/

[AngryWithAmex]

Hi Rebel11

 

Sorry for delay, internet connection went down for most of day. The agreement is OK, except i have copy signed at time loan taken out, now capquest have sent me agreement identical in everyway, except the agreement they have sent me has a totally different signature than the one i have, everything on the agreement they sent is hard to read except the signature and date signed.

 

Could that be fraud???

 

I know that they can reform an agreement, but its has to be original copy, a new signature is not part of original agreement, is that right?

 

Thanks

AWA

[Guest]

hi

 

they can't 'reconstruct' a signature!! if they've sent you a 'generic' application form with what they purport to be your signature on it and it is not your sig, then they may be onto a loser!? if they have got the original, then why don't they just send an exact copy of it!? (btw, don't let them know that you have a true signed copy of the original! )

 

imo

[AngryWithAmex]

Hi Ford

 

No my signature is ok, their signature has been falseified

 

Thanks

AWA

[rebel11]

Hi Angry

 

So what your saying is that they are trying to pass off the agreement they sent to you as the original agreement. They sent a covering letter, do they specify what the

agreement is? Have they used the word 'Reconstituted'?

[AngryWithAmex]

Hi Rebel11

 

No covering letter, no t&c's and nothing saying 'Reconstituted'

 

Regards

AWA

[rebel11]

Have a read of page 28 onwards.

 

This is from the OFT

 

http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf

[AngryWithAmex]

Hi Rebel11

 

Thanks will do, getting ready for school run then off to work, so will read it later today.

 

Thanks

AWA

[Guest]

can you post up what they've sent as your agreement/application form? (minus any identifiables)

[AngryWithAmex]

Hi Ford

 

Quality is that bad its very hard to read, i've wrote back to then asking for a copy that can be read + t&c's

 

Regards

AWA

[AngryWithAmex]

Hi

One thing i have forgot to mention, looking closely at dn, its says "The outstanding payments are currently"

then

"due on 10/05/07" £500.

 

Dn was dated 05/10/08

 

Agreement was signed on 19/04/07, so what they are saying is i owed £500 22 days(is) after signing contract, monthly payments not even that much.

 

Wish i could upload, but quality is bad.

 

AWA

Edited October 7, 2010 by AngryWithAmex
days wrong

[Guest]

try and post up the docs, including the dn. what is the 'remedy' date for the dn? is there any missold PPI involved?

assume it has been sold on as you mention 'deed of assignment'? did you get notice of such assignment? have they threatened legal action? who's the dca? etc. a few more details would be more helpful? i think maybe you'll need to post up the docs for further opinion? as you say, maybe regard it as in dispute as it seems that they haven't sent you a legible copy with any tc's?

 

imo

[AngryWithAmex]

Hi Ford

 

Default was 2 years ago and then terminated about 28 days later, seen off many DCA since then, but this one brought details and seem more stubborn.

 

Still have my ace up the sleave, once i have finished messing then about, taking them through FOS at the moment, FOS not very fast so hopefully drag this out for another couple of month, when FOS back DCA as i have no trust in FOS backing the consumer, i'll then appeal and that should take another couple of month.

 

After that should have some new ammo to slow then down.

 

AWA

Edited October 7, 2010 by AngryWithAmex
typo