Jump to content

the worm that turned

Re: Default Removal Successes

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2017 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

OK, so I don't seem to be able to start a new thread where I would like to (perhaps privileges issue but was able to in the past). So instead I will put up details here and then happy for mod to move it to suitable location under thread title "VICTORY OVER DCA - DEFAULT REMOVED".


I need to be a little careful here so won't mention any names, but at this stage I have not signed the proposed full and final settlement offer from the DCA in question at the time of writing this - if I choose to sign then I may be required to remove this post(s).


With that out of the way. I had a CC with a bank, they merged/acquired with another bank, they then did the same with a 3rd bank. I carried out a CCA request under S78 with the 3rd bank. I queried the information provided and put the account in dispute and told bank that failure to provide requested information would lead to debt being extinguised. They apparently sold the account (no proof given) to a 3rd party interloper, DCA. DCA pursued me A LOT for the alleged debt of >5,000 but


DCA failed to provide a copy of a notice of assignment. First effort was a blank template with no personal details (?!?) and then on second occasion sent me a Notice of Assignment for a different person altogether!! Naughty and I imagine a breach of Data Protection Act. QUESTION - is this reportable to the Information Commissioner and if so what happens to the DCA as a result of being found guilty?


The bank never reported a Default but then assigned to the DCA.


In light of the above I started charging the DCA for each letter I was obliged to write in response to theirs. Told them they were incompetent and that they must remove any derogatory remarks from CRAs and stop harrassing me for an alleged debt that I ALWAYS denied.


As a "gesture of goodwill" the DCA has agreed to write off the full amount that they claim is owing as full and final settlement of any claims, existing or future, against them. I wonder if they are concerned that I may make a claim against them for damages (as in Richard Durkin example)? I am thinking this because in my last letter to them I referenced the Supreme Court decision in the Durkin vs HFC et al case!!


Now I am not sure how to proceed. Take the write off as a result and get on with things or go for a small claim for damages, as clearly they know they have no case against me, even though they are trying to kid me by the "gesture of goodwill" garbage.


Thoughts anyone?


EDIT - I have just checked again and on Noddle the DCA have removed all information already! I have a very recent Credit Report from one of the 3 main CRAs and it states CATEGORICALLY that the bank NEVER applied a DEFAULT to the account. They assigned it after the 6th alleged late payment and then marked as settled. The DCA added a Default dated 7 days after the bank marked it as settled!!! Double naughty!

Edited by the worm that turned
Info added about Default and correction

Share this post

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...