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paulandberyl

Disputed Debt and Debt Collector Agency

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Does anyone know what the law is regarding a debt that is in dispute and the creditor getting a debt collecting agency to chase up the aleged debt. Thanks

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Guest Cartaphilus

Only this (no, I am not a legal expert, but it's in the template library):

 

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.

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Hi Pauland beryl

 

I would send the following letter to the DCA:-

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

Lets see what their response is and then plan the next move.

 

Cart. I thought maybe that one after, as the debt is alleged.

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Guest Cartaphilus

Okay, that letter above.

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Guest Cartaphilus

Well, yet again, there is a lag in my posts showing up so when I am looking on the main page, it shows '0' posts on either thread, until I actually open the thread up.

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Does anyone know what the law is regarding a debt that is in dispute and the creditor getting a debt collecting agency to chase up the aleged debt. Thanks

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if the debt was in dispute then they should not have passed it to anybody, demand their complaints procedure and write to the dca and state that this account was in disoute from date, and the reason why and that you will not be dealing with them and that they should return it to the original creditor


PGH7447

 

 

Getting There Slowly

---------

 

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

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You can use this template as a base for your letter.

 

Letter #17 The Consumer Forums - debt collectors To the DCA it has been passed too.

 

http://www.consumeractiongroup.co.uk...-is-in-dispute To the DCA or OC with whom it is still in dispute.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Thanks for all your help. Sorry but I think I have misled you all. Unfortunately this was over 2 years ago. I mentioned the situation to the ombudsman at the time but he said they had done nothing wrong. Anyway, the ombudsman saw against me even though two of his adjudicators saw im my favour. Just going to have to wait now for the bank to give me a good pasting.

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Guest Cartaphilus

Oh, I see. So, why have 11 guests now showed up?

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