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sent cca, got someone elses details


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Hi,

 

I have been paying a debt to a dca for the last 5 years now and have always paid on time. After reading this site it occurred to me that I actually don't have a clue as to what is owed or how much I have paid.

 

So i thought i would send a cca request, mainly for a statement of account including charges and payments but also to find out who owned the debt.

 

They replied with a printout of payments from a computer screen and said they will contact their client to get the agreement. They didnt mention any charges but that doesnt mean there arn't any.

 

In addition to my list of payments, they have supplied my mothers account details inc. payments and balance. There is no financial link between us.

 

As you can imagine she is not happy. Can they do this?

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Sending someone else's details is a breach of the Data Protection Act. It doesn't matter that they are your mother's details. The debt collector should be reported to the Information Commissioner immediately.

 

By sending you a printout but showing no details means they have not complied with your request. If you have been paying this company for five years you would at least expect them to have your details to hand so the "we'll have to contact our client" statement is a lame and unaccepatable excuse.

 

The 12 working day clock is still ticking and you could wait for them to default on this. When this happens, it may already be close anyway, write to them and tell them that the payments will now cease and not restart until you have seen clear proof of their right to collect, a statement of account and an explanation of how the total was calculated. Tell them that if they do not comply you will start action against them for the recovery of all monies paid and interest and damages. Remember that no proof = no debt. What you have paid them therefore is repayable. They will not be too keen to go before a judge and explain themselves.

 

Go for it, you are back in control.

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Thanks for the advice. I have typed this letter up to send to them. Is it worth it? -

 

 

 

 

XXXXX Ltd

xx xxxxxx

xxxxx

xxxxx

 

 

Dear Sir/Madam

 

 

Ref : xxxxxxx - DISPUTED DEBT

 

 

You have signed for receipt this letter. - Thank you

 

On 21/11/06 you received a letter and a £1 cheque from me by recorded signed for delivery. The letter was dated 20/11/06. The cheque was a statutory payment for supply of these documents under the CCA 1974 and has been cashed.

 

The letter specifically advised you that you have a legal obligation whether you are the original creditor or not to supply certain documents under the Consumer Credit Act 1974. Failure to supply these documents is a criminal offence.

 

XXXXX Ltd had until 4th December 2006 to supply the original executed agreement. As your company has failed to supply this agreement, under the Consumer Credit Act 1974 XXXXX Ltd is now in default and can no longer collect or attempt to collect on this alleged debt until the original agreement is supplied. Attempting to do so is a criminal offence under the Consumer Credit Act 1974.

 

 

In addition to the above requested document your obligation also extended to supplying:

 

a) Full statement of account including alleged payments and charges. You supplied a printout of payments through Girobank.

This is not acceptable. I require a explanation of how XXXXX Ltd calculated the total amount payable, this includes all charges added to the original agreement since XXXXX Ltd started collection on 30/10/01.

 

XXXXX ltd supplied account details for account reference pu30862- MRS x xxxx

The account XXXXXX has no link whatsoever to me. I have informed MRS x xxxx about you supplying me with her personal data which is a criminal offence.

 

b) Deed of assignment of alleged debt. - NOT RECIEVED

 

c) Express written authorisation that XXXXX Ltd can process my personal data under the Data Protection Act 1998. - NOT RECEIVED

In your letter dated 28 november 2006 you state

"we have asked our client to provide the copy documents you require. As soon as we receive them we will send them on to you" - You are referring to the true signed copy of the original agreement which has not been supplied but required to by law.

then you state

"The data we hold was supplied to us by our client and when you opened the credit account you accepted their terms included in which was the authority to refer the account for collection in the event of default."

 

As you do not have the original credit agreement I would like you to explain in detail how you know the terms of the credit agreement if you do not have a copy of it and cannot supply it?

 

Further more how do you know you have the authority under the Data Protection Act 1998 to process my personal information without holding a copy of the original agreement?

 

 

XXXXX Ltd has failed to supply any of these documents.

 

 

XXXXX Ltd has now a limited period in which to supply the documents. No payments will be made until XXXXX Ltd has supplied a copy of the true signed original agreement.

 

I will be contacting all relevant authorities regarding the failure to produce the documents you are required to. This may affect your consumer credit license no. 322518 and your ability to process personal data under the Data Protection Act 1998.

Whilst the list is not exhaustive, these will include but not limited to:

The Office of Fair Trading

Information commissioner

Trading Standards

 

In addition a formal complaint will be raised with the Credit Services Association for several breaches relating to the code of conduct, specifically (2(f)) (3(a)(b)) (4(i)®) which could lead to expulsion from the CSA.

 

 

 

 

 

I look forward to hearing from you.

 

Yours faithfully

 

 

What do you think?

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From the dates you give the 12-day period is up on December 6. You need to allow at least a day in case the post is late. Don't send this letter until the end of the week. I'll have a think about this over the weekend - my initial feeling is the letter is too long for most debt collectors to read.

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