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DCA Ignoring my letters- help!


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Hello

 

I have sent a debt company a CCA request for 2 debts, one a storecard, one a credit card, together totalling about £8000. They sent me back a fuzzy,almost unreadable photocopy of the 1st page of my application form with each company.

 

AFter receiving advice on here, I then sent an SAR letter and £10 postal order for each debt, and was counting down the days. To my annoyance, they seem to have totally ignored this, instead they merely sent me a letter threatening to give me a CCJ, after court action, then they sent a letter saying that they would send someone around to my house to 'negotiate a payment plan'.

 

Help! Please can anyone advise me? I have seen a letter on here, which should be sent after the 40 days post SAR letter, saying that they had not complied etc etc and I should be taking court action against them if they don't. Should I send this? Or should I merely wait.

 

Any help would be appreciated! Or any other similar stories.

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i think you mean the non-compliance letters?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html they are both contained in the link

 

Adi

Thanks

 

 

 

23/11/06 HSBC **SETTLED**

30/12/06 - GE Capital - **SETTLED**

30/12/06 - MBNA - charges and interest **SETTLED**

 

30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI

 

 

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You can't send the DPA non-compliance letter until the 40 days are up. That's the point - until those 40 days are up, they haven't committed an offence.

As long as you don't let anyone in, or sign ANYTHING, if anyone does come round (unlikely), then you're all right for now. Wait for the 40 days and then send the letter if you want to take it to the next stage.

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Click the scales if I've been useful! :)

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Okay, thanks for the help.I was confused about the 'non-compliance' letter and whether it just related to the CCA request. They have sent a reply to my intial CCA request, but only a fuzzy photocopy of my application form for the credit card and I wasn't sure whether this was 'complying' or not, exactly.

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Do you mean that they haven't complied if they have just sent me a photocopy of one page of my original application - ie. the page with address, name, etc on it.

 

Does anyone know if this means they haven't complied? And if so, I can therefore send the non-compliance letter, can't I? As the 40days are up since I sent my first letter in October?

 

Can anyone say for sure?

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im sorry i dont know any of it for sure, but for a cca letter i know that they have 12 days from reciept to comply before they defualt. then 30 days before debt is unenforceable. is it the cca you sent?

 

i am 99.99999%sure that its been said somewhere before that a photocopy of your application is not complying, but wait till someone else confirms. im sorry i dont know for def, lot of good i am, i know lol

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Hmm, someone else should advise you on whether the first page of an application form constitutes a 'true copy' of your agreement - there's been some debate about that very thing very recently...

 

...argh, I can't find the thread. I think it was one of andrew1's discussions, you may want to PM hir for the link. There IS a part in CCA regs about it being legible, though that may just apply when you're in the process of signing it in the first place...

 

Here's a copy of the Act:

 

http://www.fisa.co.uk/downloads/CCA%201974.pdf

 

The part referring to the agreements is section 61 pg 36.

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Before the DCA can pursue you for the debt, it has to be properly executed. That is that the original creditor has to issue you with a default and name the DCA to whom it has passed/sold it to. The DCA then has to inform you that they now administer/own the debt, they would also have to seek your permission to process your personal data as this can’t be transferred from the original creditor. Then give you a reasonable time to deny the debt or come to a payment arrangement.

 

They won’t take you to court to obtain a ccj if the debt is not properly executed.

 

As far as the response to the CCA, a blurred unreadable photocopy is not a true copy and you should ask for a legible version, to confirm at the very least its your handwriting.

 

Also challenge them for a copy of your consent authorising them to process your personal data. Without that, they are in breach of both the Data Protection Act & CCA Section 174.

 

I note from your original post that you sent 2 x £10.00, one fee would of covered both accounts. It’s only the CCA fee of £1.00 you pay for each account.

 

Let the 40 days expire before you follow that up.

 

As far as "Door step" calls go, this works a treat

 

"There is an implied licence under English Common Law for people to be able to visit me on my property without express permission, the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Take note that I revoke licence under Common Law for you or your representatives to visit me at my property, and if you do will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. If you persisted in your threat, I will obtain an injunction. "

 

Hope this also helps

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Thanks Turnaround!

 

You really know your stuff! I will wait until 40 days after the SAR, and then send the non-compliance letter,but I'll send your one in the meantime to put the wind up them! This is great stuff, and very useful.

I agree with whoever said they were not sure what is and isn't 'compliance', I've read differing versions here and it's so confusing.

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