Phantom Payments / Alignment To CCA Requests

[fkofilee]

Hi Guys

 

In the event of requesting a CCA or DSAR and sending payment for the requested information, they attempt or align it to the debt to reset the SB 5 / 6 year period etc.

 

While we all know that it doesn't... A certain DCA I've come into contact recently assisting a friend has aligned it to the debt and claimed that a £1 payment has been made to reset the SB period.

 

What's they best way to combat this?

If this was to hit court then how would you defend this?

[BRIGADIER2JCS]

Did your friend mark the payment " for statutory fee only" on a cheque or postal order?

 

 

One presumes your friend kept a copy of the SAR and/CCA requests + proof of posting?

 

 

Unequivocal proof of the method/date/ bank details for a cheque/ No. of a PO date cashed/ 16 digit card No./ auth code/ issuer/expiry date for a card payment, is required.

[fkofilee]

Hi Brig

 

He did both above... I had to help him do it

 

DCAs will try anything xd

[BRIGADIER2JCS]

Hi Brig

 

He did both above... I had to help him do it

 

DCAs will try anything xd

 

 

This should be made as a formal complaint to the data controller of the DCA concerned, if there is an unsatisfactory response or no response escalate the complaint to a higher level, all ways best to start at the top.

[sequenci]

All your friend needs to do is point out that a SAR or a CCA request is not a 'payment in respect' of a debt as per s29(5) of the Limitation Act - as such it wouldn't affect the running of time.

 

Hope this helps.

[BRIGADIER2JCS]

All your friend needs to do is point out that a SAR or a CCA request is not a 'payment in respect' of a debt as per s29(5) of the Limitation Act - as such it wouldn't affect the running of time.

 

Hope this helps.

OP s friend has all ready done that!

[sequenci]

Can't see anything in the thread that states that. Am I missing something?

[BRIGADIER2JCS]

Can't see anything in the thread that states that. Am I missing something?

See post 2# & 3#.

 

 

Question asked and answered!

[sequenci]

Ok, Brig, Ok!

[BRIGADIER2JCS]

Ok, Brig, Ok!

You asked if you were missing something and I gave a polite reply.

[sequenci]

Ta. Appreciate it - Though I think if the whole payment thing was to come up I feel it's always worth directing the creditor to the part of the act that makes it clear.

[BRIGADIER2JCS]

The " mystery" alleged payments ploy used by DCAs is difficult to overcome, alleged debtors word v DCAs word.

 

 

Always put the DCA to providing unequivocal proof of any such payment, if this reaches deadlock it is very difficult to reach a resolution and would need a court to decide.