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Send 'Prove It' letter or CCA?

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Hello,

 

I've received series of letters from a DCA demanding payment for what I think is an old overdraft with a UK bank. The latest letter states that if I do not take any action the account will be sent to a External Debt Collection Agent. Furthermore, they may commence legal proceedings which may result in additional costs being charged to the debt.

 

I definitely had an account with the bank concerned, last used in early 2008 (I think). However, I don't remember any outstanding balance and cannot confirm whether the bank account that the DCA has quoted is accurate. I've moved countries several times since 2008 and have not kept any records. I don't know how the DCA tracked me down as I didn't supply the previous address related to this account when opening my most recent account in 2010 (as I was not actually living at the previous address - it was a transit stop between shifting countries - see below).

 

Having reviewed the content of this site, I'm confused as to whether I should send:

 

- a 'prove it' letter or

- a CCA request

 

Also, I have no problem paying off the debt if it is genuinely owed (it's under £1,000 and I have the cash available if required). I'm concerned, however, that my current credit rating will be impacted by actually paying the DCA the outstanding balance. i.e. details of a default will appear on my credit rating out of nowhere. This may sound counter-intuitive but there is no record of the original debt connected to my current Experian rating as I never supplied previous addresses when applying for the most recent account (I was only transiting through at the time the debt supposedly defaulted; the original bank account to which the supposed debt relates was opened many years ago when I was previously living in the UK; I didn't put details of the previous address as I didn't think it was relevant to the latest bank account application). If anyone could confirm that all the DCA is interested in is getting the cash in (i.e. they won't bother to mess with my credit rating) then I would appreciate it.

 

Also, I thought that a DCA cannot add charges to the original balance outstanding? So threatening to do so is unlawful.

 

Thanks in advance and thanks for a great website.

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Correct they can't add fees or charges, that is just something they like to say in order to inflate their ego's.

 

CCA request wouldn't be any use for an overdraft as they have part V exemptions from it.

 

IMO if your not in the UK then I would let sleeping dogs lie, if this isn't on your credit file then they won't be able to add it now as it is well outside the 6 month limit they should apply the default marker.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks Bazooka Boo.

 

Unfortunately I'm back living in the UK and intend to stay here permanently. The DCA is sending fairly frequent letters to my current UK address. I have a clean credit rating and very good financial standing -- I'm much more concerned about my rating than having to pay off

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The letters your receiving are spat out by a computer, who is the DCA?

 

If there is nothing on your credit file, then I would let sleeping dogs lie, as a default marker should have been placed on their within 6 months of the actual date of default.

 

Debst are bought in portfolios of thousands of other debts, fed into a computer then the computer starts its threatogramme cycle.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi welcome to CAG,

 

1. There is no regulated consumer credit agreement for a current account and or overdarft account.

2.Berfore sending any letters etc can you please qualify the following.

 

When was the last transaction on this account?

Is this account defaulted?

 

As to CRA files check Experian as well creditors do not always report to all the agencies.

If the entry does not appear it may mean that the account was defaulted/closed more than 6 years ago.

This could indicate the debt is statute barred.

Charges referred to here seems to mean legal charges in regard to litigation and is lawful.

 

I believe that your best course of action is to make a Subject Access Request under the Data Protection Act 1998 to get ALL the data held by the Original Creditor

there is a £10 statutory fee for this and the creditor has 40 days to comply.

 

There is a template in the CAG Library to use and the SAR should be addressed to the creditors data controller.

 

Send the prove it letter to the compliance manager at the DCA.

 

Do not make phone calls to the DCA.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Thanks for your advice. Sorry to be so vague but the outstanding balance could refer to a credit card as I had both a current account and a credit card. Actually, it probably was a credit card.

 

I think the last transaction on the account was probably in spring 2008. I have no recollection of leaving a debt behind at the time but I was in the process of moving between several countries. If I indeed left a valid debt behind, I would assume that default notices were sent to the address that the account was attached to at the time (the one that I transited through). I assume that this all happened later in 2008, by which time I was a long way away.

 

I've checked my Experian credit record. There is no record of this debt. Then again, there could be nothing at Experian linking me to the address to which this (probably) defaulted account relates. As noted above, I didn't put this address on my most recent bank account application (2010) as I was never actually living at that address within the prior 6 years.

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Who is the DCA?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ha ha Wetcloths....

 

IMO as this doesn't appear on your CRF, I would ignore them for the time being.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks again Bazooka Boo. So you think the DCA will just stop sending letters?

 

BRIGADIER2JCS - Your advice seems to be different. My main concern is that this previous default (if valid) will become linked to my credit records. This situation seems to be unusual in that the previous default doesn't appear on my current record at all (presumably because the addresses aren't linked - as explained above). If I were to pay the DCA are they likely to submit details of the default to Experian et al or would they just take the cash and not do anything more? Also, in your view what are the chances that this goes away as Bazooka Boo seems to indicate?

 

Thanks in advance.

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This is why I suggested the SAR to the original creditor.

If a default has been previously registered and has been removed because of time no new default can be registered, as said check ALL 3 CRAs for safety.

Never rely on things ''going away''

 

I seriously doubt that any CRA reports wlould be made purely on the age of the account.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks very much once more. Just so I understand this more, if the default was presumably issued some time in 2008 (last transaction made), what would lead it to being removed prior to the 6 expiry?

 

I will check all 3 CRAs.

 

Also, should I do the SAR and wait for the results before sending the Prove It letter?

 

Are you able to communicate offline for a fee?

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Just because a default was placed on an account does not always mean that it was reported to the CRAs.

Yes wait for the SAR.

 

No I don't do fee paying work for CAG members CAG is free to all.

Any ''outside''work is also free.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks very much once more. Just so I understand this more, if the default was presumably issued some time in 2008 (last transaction made), what would lead it to being removed prior to the 6 expiry?

 

I will check all 3 CRAs.

 

Also, should I do the SAR and wait for the results before sending the Prove It letter?

 

Are you able to communicate offline for a fee?

Some defaults are never reported, data entry errors can and do occur.

 

No all my advice etc is free to CAG members always.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks again. I still have a few questions so I hope you can be patient with me (hence offer to pay!). I'll be sure to make a donation.

 

So if the default has never been reported, would it have needed to be reported within a maximum time period to be able to be placed on my credit history? I think I read somewhere on this site that it was 6 months. If so, this would mean that my credit history is not at risk as a result of this default back in 2008 (I think).

 

So should I do the SAR and wait for the results before sending the Prove It letter to the DCA? Or should I do both at the same time?

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Thank you a donation to CAG would be much appreciated!!

 

The Information Commissioners Office Tech Guidance on Defaults say that the ICO expects defaults to be placed on file within 6 months of the cause of action.so a default placed later is open to challenge, in your case 2008 a default placed 2012/13 would be manifestly unfair.

You can send both requests now.

 

Your credit history imo is in no danger.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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