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sl8yr

Dca requesting proof of benefits.

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Hi, Hope this is not a stupid question but

 

after paying a token £1 per month payment for a number of years

 

my debt has been passed onto a new Dca and they want proof that I'm on benefits.

 

I can provide a photocopied letter from the SSA but

 

my question is a data protection one, ,

 

can the information they hold on me be passed to outside 3rd parties

and any other agencies or is it held by them 'in house'.

 

Many thanks...

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Hi sl8yr

 

How old is the debt?


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Hi Rebel, Its actually 2 debts that are 8 years old, 1 for a bank credit card and

1 where my bank made payments friom my account even though I had no overdraft facility.

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credit card eh?

 

Who with?

 

Also any missed payment or overlimit fees on the credit card?

 

Any PPI on either?


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CCA request time

 

I think you are being cash cowed

 

I bet neither are on your credit file either!!

 

and no they have no right whatsoever to any medical details

nor any pers financial details either.

 

sorry sounds like you've been had for years.

 

name names please


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I thought we sorted you out in your thread 2 yrs ago?

 

 

why have you continued to pay these debts?

 

 

dx


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Hi all, 2 years ago I got 3 Dca's off my back with cca's after taking the excellent advice offered on here.

 

The credit card and bank account were both with First Trust Bank.

 

As for missed payment, overlimit fees or PPI I really dont know.

 

The DCA claims to require proof of benefits in order to allow a token payment.

 

Why would neither of them be on my credit file?

 

I can CCA the credit card but Im unsure what to do about the bank account.

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did you ever sar first trust

 

 

pers id stop paying

this doesn't sound right.

 

 

dx


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CCA the credit card immediately.

 

They won't be on your credit file because they only have a shelf life of 6 years before they auto drop off.

 

The DCA can claim all they want, your NOT going to blindly provide them with any personal private info such as benefits.

They will either accept your very generous offer of £1 a month or they get nothing.

 

But before you pay anyone anything, check your credit files, get the CCA request off sharpish, the bank account you 'could' send them (bank) a SAR, however, if it has been more than 6 years since the account was closed, then they will have nothing and it will be a waste of £10.


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 guys,

 

Have sent off to Equifax for my CRA file to see what exactly is on it currently.

 

If it turns out that neither debt is on my CRA file does that mean they are unenforcable?

 

Will CCA the credit card although have a feeling they'll produce a 'valid' credit agreement, even if they do I'll take Bazooka's advice and offer a very generous £1 :)

 

Forgive my ignorance but what does a SAR do?

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SAR = Subject Access Request.

 

I would sent this to the original creditor and then they have just 40 days to comply and provide this information.

Use a postal order and put the account number on the back or leave it blank.

 

CCA. Get this off asap as you my have been paying when it is un-enforceable and been blindly paying all of this time.

 

 

A blank £1-00 postal order to the OC 12+2 days to respond,

when sending both requests get proof of postage which is free and keep safe as you may need at a later date.

 

Come back to update your thread when you have the information please

 

In the mean time put the account in dispute see the green library button at the top left of the page.


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If it turns out that neither debt is on my CRA file does that mean they are unenforcable?

 

Unfortunately not, because you have been paying these debts back,

you have acknowledged these debts with a £1 payment

then the DCA can legally chase you for another 6 years (if in England/Wales) until Statute Barred,

 

 

however you will now have to go down the CCA route for the credit card to see if they have an enforceable agreement.

 

The £1 pcm to the DCA, was this for just one debt? Both debts? Split pro-rata?

If you have only been paying for one debt via the £1 pcm, which debt was it, and the when did you officially make a payment on the other debt?

 

A £1 pcm agreement is mainly for each debt so their is a possibility that one debt has not been paid/acknowledged and maybe statute barred.

 

Stigman


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A blank £1-00 postal order to the OC 12+2 days to respond

 

CCA who is chasing you, for this instance the new DCA.

Make the Postal Order out to the new DCA & ask for it to be Crossed at the Post Office Counter.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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IMHO I would never fill out the CCA £1 PO

leave it blank

 

 

dx


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These days i also do not fill out the CCA postal order but in your letter make sure you say that the money is for the CCA fee and not to be used for anything else. Recently one company took it off my balance but then refunded it.

 

Your account is not in dispute unless you are claiming that you do not owe the money so IMO it is pretty much a waste of a stamp sending an account in dispute letter. Get the CCA off and sit back and wait. When you get a response (if you do) you can then look to see if its enforceable.

 

As for proof of benefits , sometimes it can help to just send a copy of your entitlement letter but that is up to you.

 

A response that seems to be working for some people who are on benefits and have no assets (i.e house or car) is to write to them and tell them to put up or shut up. I have told two DCA's who hold about 25K of my alleged debt to go ahead and make me BR. I told them I would not stand in their way and they would be doing me a huge favour because I do not have the money to do it myself.So far they have gone quiet although one has just been passed to another DCA outside the owners group.

 

Hope that helps


Any opinion I give is from personal experience .

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Were you making the token payments to the original creditor? If so, then the DCA has purchased the debt with that in place and should continue to accept these without question.


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I was making £1 per month payments to the original creditor

 

 

as was pointed out I'll offer the same amount (just for the bank account debt) to them and CCA the other one.

 

I want to get a statement from the DCA listing all my previous payments,

any charges or interest etc on the debt as the balance owing doesn't seem right to me,

any suggestions on how I can get them to provide that info?

 

I'll update thread when I have more info and sincere thanks for all the advice!

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IMHO I would sar the original creditor for now

 

 

we'll deal with the fleecing dca when we have that info


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Yep, besides the DCA or whoever you have been gifting money too, should have been sending you a statement of account annually with the info

you want sight of......


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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I can send the sar request to their registered head office, silly question but what dept should I address it to?

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Try addressing it to ''The Data Controller'' TBH I'm not 100% sure..sorry.


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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I would be demanding an annual statement of account first and report them if they refuse to send one. then when you are waiting for that to go through to processes send your SAR so you hit them twice.

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Can I just ask, where does actually say they have to send you an annual statement. I'm not doubting your right, but I've heard this before but can't find the legal authority in relation to credit card debts and annual statements.

 

 

Yep, besides the DCA or whoever you have been gifting money too, should have been sending you a statement of account annually with the info

you want sight of......

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Thanks, Ive marked SAR on the envelope so it should end up in the right hands.

 

Good idea, working on the annual statement angle right now :)

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Update : Just received a letter back from the bank regarding the SAR I sent them.

 

'Please note that the letter was not signed.

 

 

Subject access requests must be signed by the account holder to allow us to verify your identity :

 

therefore we require signed authority from you before we can release any information.

 

If you wish to proceed with your request, I would be obliged if you could forward your signed request to the above address.'

 

I take it from this letter that they want my 'normal' signature and a printed signature will not be accepted?

 

I don't really want them having a copy of my signature especially when Im putting in a CCA request, maybe Im just being paranoid.

 

Any advice?

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