DCA - Court Proceeding - Is this a breach?

[geordieman]

Hi

 

Sorry my scanner is broke so I can’t scan.

 

Brief Circs:

 

Debt of about £280 to a catalogue company with a payment plan in existence with a DCA who is collecting on their behalf. (I am unaware of any legal assignment).

The payment plan is for £20 PCM and has been running for about 4- 5 months.

The DCA is ‘Droyds Debt Collection’ (Apt name)

This month I was two days late with payment and this letter has just dropped thru the door:

 

-----------------

COURT PROCEEDINGS

 

We are in the process of preparing documents for the issue of a COUNTY COURT CLAIM against you for the settlement of the above account.

 

On judgement being granted, your account may incur charges of totalling £87.00 in addition to the above balance. Your name WILL also be recorded on the COUNTY COURT JUDGEMENT REGISTER, thereby affecting your future credit.

 

If we have not heard from you within 7 days – COURT PROCEEDINGS WILL COMMENCE

 

Yours …..

 

---------

Okay I know this won’t happen but please tell me they have breached something somewhere so I can complain to the OFT.

It infuriates me that these people can threaten people in this manner.

[dx100uk]

have you all the statements

 

i'd get reclaiming

 

every cat account is litterd with unlawful penalty fees for:

letter/phone/debt management/late/over

 

they'll owe you, its always the way.

 

is this showing on your cra file too?

 

dx

[citizenB]

The OFT guidelines forbids them from making claims they are unable to follow through. If the DCA is not the legal owner (by assignment) of the debt then they themselves cannot take legal action.

 

As dx has advised, get reclaiming any charges that are on the account. You would reclaim them from the original creditor.

 

Meanwhile, you might want to establish if they are actually the legal owner of the debt by sending the following letter.. fill in the blanks where necessary. Send at the very least by Recorded delivery post and keep the receipt. check a few days after posting in order to confirm that delivery has been made and print off the delivery receipt.

 

Draft request for assignment - Amended Draft.doc

[geordieman]

Hi

 

I’m still struggling to find out who actually owns this debt as I sent off the letter quoted above, altering it a bit to personalise it and never heard a thing from Droyds. Out the blue this arrives from the OC – La Redoute:

 

Dear ***

 

Your request for a copy of the credit agreement for Redoute Account ********

 

I have checked our records and have been unable to locate the signed agreement. A copy will have been sent to yourself for signature when you opened this account in accordance with our standard process.

 

Nada nada nada

 

Okay I saved myself a quid re the CCA request, but I didn’t ask for this!

 

I have been paying Droyds every month now for months and I am receiving letters from them saying I have missed some payments when I know for a fact I have not. My bank statements will support this. I don’t want to continue to pay someone who I have no idea who they are *and* are saying they have not received payments. I really don’t know who to pay!

 

The debt is on my credit file with Redcats and if it helps I can still log on to the La Redoute account, although the last statement was last year sometime, but some recent payments are being credited to the account.

 

The debt is a pathetic £250 and they are making such a song and dance!

[Bazooka Boo]

They are abusing your lack of knowledge.

 

Cat. Debts do not go to court, never have, never will. Ignore them. (BRB)

[dx100uk]

as advised long ago here

 

you need to get your cra file..........

 

dx

[citizenB]

They should be sending you statements.

 

I would make an official complaint to the Original creditor as it seems to me they are still the owner of the debt and have just farmed it out for collection.

 

Who are you actually making the payments to? Rest assured that simply missing one payment would not permit the DCA/OC to issue court papers. They would have to follow the CCA rules and it doesnt appear that they have done so..

 

A simple letter to the DCA along the lines of..

 

 

"Dear Sir or Madam

 

Account number

 

I am in receipt of your recent letters threatening court action for non payment of account.

 

I would point out that the statements made in your letters are

 

a) untruthful, my own records show that this account is up to date with payments.

b) in breach of OFT Debt Collection Guidance for a variety of reasons.

 

I would also point out that I am not in receipt of regular statements, which I am entitled to.

 

Please provide a statement of account within the next 7 days.

 

Yours etc. "

 

Either Print or sign your name digitally.

 

You can also sign over a grid of XXXXXXXXXX

or purchase signguard from CAG

 

 

Your complaint to the OC would point out the intimidatory tactics used by a 3rd party agents for whom they (the original OC) has ulitmate responsibility.

 

That in the circumstances, you would now request bank details for the OC in order that you can make the payments direct to them.

 

In the event you dont receive a satisfactory response to your compliant, you will be making a complaint to the OFT regarding the breaches of OFT guidelines by the DCA and complicity of the OC.

 

You could also point out that further to their letter dated.. XXX you had not in fact requested a copy of the Agreement. That despite their assurances that one WOULD have been sent. You are adamant, one never was.

 

You would then point out that the letter you sent to the DCA actually requested a copy of the assignment which the DCA implied had occurred. If an assignment was not in place, then the DCA were further in breach of OFT guidelines as the actions they claim they are able to take are simply not true.

 

If an assignment has taken place, then you are entitled to know the details of such as per your earlier letter.

 

HTH