Help ! A new problem - different DCA !

[PriorityOne]

Have since found out that Global Debt Management are at : Carlton Park, Leicester, LE19 0AL (a new address), but my CCA request was sent to them at : Peat House, 1, Waterloo Way, Leicester, Le1 6LP !!

 

Have I made a boo boo here ? It has still been signed for, but my worry is that they will attempt to wriggle out of it because it was sent to their old address. Will actually getting a signature at all, either at the old or the new address, still count the same ?

[Guest Battleaxe]

Does this mean A & L are using a non-trading company to collect debts and are not registered with ICO?

 

If this is right, this could be even more fun. Naughty A & L.

[spotnot]

I have been checking out the trading status of many of the DCAs and at least a quarter of those I have looked at so far are non trading. I think a call to Companies House may be needed to clarify what the legalities of this are. In fact one which is still sending out letters is in liquidation due to non payment of tax!

[PriorityOne]

No, Global Debt Management Services are not registered with the IFO...

 

I am hanging on to this info. until they contact me re. the CCA .... assuming that they don't try and wriggle out of it by suggesting that they have no idea who signed for it at their old address, that is.

 

Not be a very bright idea for them to try and be clever though....

[PriorityOne]

Have just had (another) worrying thought . Have read on another thread that when an S.A.R - (Subject Access Request) is sent, it does not mean that creditors are legally obliged to include the CCA as well (if they still have it).

 

Does that mean that I need to send off a seperate CCA request to A & L as well as the SAR ? I just want to make sure they can't wriggle out of anything !!

[Guest Battleaxe]

What I did was send a reminder letter to A & L that my SAR required the Credit Agreement also. I got it this morning, but they reckon the other stuff I asked for in my reminder letter they do not have to provide as it was not in my original request, so I am going to have another go at them, to see if I can get the copies of the inhouse emails and telephone log, otherwise I am going to file an N1 and they can disclose these things to the Judge. I am also going to let the ICO know that they are being tardy in sending the informtion requested.

[PriorityOne]

What I did was send a reminder letter to A & L that my S.A.R - (Subject Access Request) required the Credit Agreement also. I got it this morning, but they reckon the other stuff I asked for in my reminder letter they do not have to provide as it was not in my original request, so I am going to have another go at them, to see if I can get the copies of the inhouse emails and telephone log, otherwise I am going to file an N1 and they can disclose these things to the Judge. I am also going to let the Information Commissioners Office know that they are being tardy in sending the informtion requested.

 

 

Thanks for that Battleaxe. I will do the same on Monday, along with a reminder that the account is now in dispute... just in case they hadn't taken proper notice. It all just adds to the ongoing headache though...

[Guest Battleaxe]

I thnk the more of us who remind A & L of their obligations, the more we will educate them to respond positively. They are fighting back the only way they know how to. It is a headache, but believe me mine are lessening by the day and I have noticed A & L are changing the adversarial tone of their letters, they seem to be trying to be concilitary..maybe I am dreaming.

[PriorityOne]

I think it was the threat of them placing a charge on my home that made me see red... it was backing me too far into a corner. I have paid this debt for 6 years in total, responsibly, on time and when I really could not afford to do so.

 

I have had enough of being made to feel like a criminal.. 2007 is the year for facing my demons and moving forward with life. If that means going all the way to court, then so be it.

[PriorityOne]

I have just got in from work.. to find the following letter form Alliance & Leicester.

 

"I am writing to inform you that due to the level of arrears on your account I have instructed our Solicitors to issue proceedings out of your local County Court. This could result in a County Court Judgement being entered against you.

 

I am unable to agree to withhold the issue of legal proceedings unless the outstanding loan amount is paid in full"

 

The £10 SAR chq. was cashed yesterday. Either the left hand doesn't know what the right is doing, or they are hoping to worry me. Once again, it says please reply to Global Debt Management and an 0870 number.... but the letter is from A & L plc in Narborough, Leics (although both are in the same building anyway).

 

This letter crossed with mine yesterday, reminding them to include a CCA as past of the SAR and notifying them that the account is in dispute.

 

Does anyone have any thoughts ?

[PriorityOne]

Hmm.. this is exactly the same letter that was sent out a week ago, before my SAR !! How boring of A & L...

[Guest Battleaxe]

Did you send the letter stating the account is in dispute?

 

Write back to them and remind them of their obligations and as yet they have not fulfilled them. Cut them no slack.

[tifo]

If they're down as 'not trading', then Companies House and the Inland Revenue will be very interested in hearing about this, as it means they are not paying their tax!

[PriorityOne]

Thanks Battleaxe, I sent them a Rec. Delivery letter yesterday as you said before... reminding them that the account is in dispute and that I wanted the CCA as part of my SAR. Another one for my file, it seems...

 

Thanks Tifo, I have not done anything with this info. as yet... am not really sure how to play this one, but thought I could pull it out of my sleeve as part of a defence later on, or as part of my claim against them... I aim to recover my money from Global Debt Management, but wanted to see if they would attempt to produce any paperwork. My cheque to them has not been banked yet...

[PriorityOne]

Quick question...

 

Global Debt Management have not yet cashed my cheque for the CCA request. The request was signed for, but it went to their old address. They have never notified me of any change of address... it was only by chatting to someone on here that I realised they had moved.

 

Should I issue a new CCA to their present address ? I do not like to assume they have received it... I need to know. The 12th day after signature will be on Monday... the 12th working day after sig. will be Wed.

[Guest Battleaxe]

This is not legal, just my opinion. I would say if it has been signed for, they have it. It has to be 12 working days + 30 days after that. Give them the 12 working days and then write again remnding them that they have entered the 30 day time limit.

 

I would not worry about the £1.00. They most probably are too bloody minded to cash it.

[PriorityOne]

Thank you Battleaxe.... I will do that. I am just so anxious that they don't try and wriggle out of anything....

[Guest Battleaxe]

SZo long as you evidence of the paper trail and keep sending them copies of everything, they will eventually get the message. it is just time consuming on our part, but if you give up, they have won

[PriorityOne]

Update...

 

Global Debt Management finally cashed the £1 cheque today. Will be interesting to see if they 'phoned elsewhere in the building to try and obtain a copy of my CCA from Alliance & Leicester.... particulalry when I CCA'd A & L yesterday for the heck of it (they are already dealing with my SAR).

 

Surely both of them won't try and produce a CCA ? ... or will they ?... GDM only have until Monday, if my calculations are correct.

[PriorityOne]

Actually, they had until today... and have defaulted !!. The debt is now unenforceable by GDM without going to court. No way that GDM are going to do that now.... I am now going to withhold payments and see what they do next...

 

Off to do more happy cartwheeling down the road...

[PriorityOne]

Ok... finished cartwheeling... I could now do with some advice please :

 

I have looked at my credit report from Experian and Equifax and can find no entries whatsoever from either Alliance and Leicester or from Global Debt Management Services, so there appears to be no default issue on this account.

 

So, are Global Debt Management Services guilty of processing my data or not ? Is processing data restricted to them trying to make default entries with CRAs, or does it cover other activities as well ?

 

I am trying to put a letter together (not sending it yet though) and need to get it right. They are not registered with the IFO and have not produced the CCA after 12 days from signature. They are also registered as non-trading and have been filing dormant company accounts, yet I have been paying them regularly for the past 4 years, so where do I stand ? It doesn't sound as if they are in a very strong position to argue...

 

If anyone can help me to understand my position with these people, I would be extremely grateful.... I know that I am no longer obliged to pay them unless they go to court with the docs., but I don't want to accuse them of stuff in my letter and then reallise that I'm the one who might have stuffed up by doing so... It's the data processing issue that has me confused the most.

 

I have read on a different thread that it depends on the wording on the CCA agreement as to whether the original creditor (A & L) has unlawfully passed my data on to a DCA... but if they are an in-house DCA like GDM, does this still apply and how have they been processing it if there is no trace of them on my credit files ?

 

As you can probably tell, I am now very confused....

 

Any advice would be really appreciated right now...

 

I have just re-read Sparkie's comments on Page 1 of this thread and it would seem that GDM are in trouble.... A & L have passed this info. on to them unlawfully because they are not registered with the IFO.... is this still the case if no default has been entered by either company ?

 

Am having a blonde moment today.... any help would be really appreciated...

[Sparkie1723]

THe fact remains that A&L have passed on the info about your "alleged" debt,

Processing information and data under the Data Protection Act means also the "obtaing" of data and information, therefore global are still committing an offence under the DPA.

 

Defaults

A DCA ,if it is only "collecting" for a creditor cannot insert a default about anyone....only the original creditor can do that....provided they have n't sold it to the DCA.....The DCA can't.

 

Any wiser now????

 

 

Sparkie1723

[PriorityOne]

.. Hi Sparky... I think I've got it....

 

The original creditor needs my permission to assign the debt to a DCA, but does not need my permission to sell it on to a DCA. Is that right so far ?

 

Therefore, because A & L only assigned the debt to GDM, it remains an "alleged" debt because GDM cannot (so far) produce any paperwork... so, they have been collecting from me for 4 years on A & L's say so only. Not having the paperwork means that they have obained my data unlawfully/illegally under the Data Protection Act because they cannot prove themselves, as a seperate company, that there was ever a debt in the first place !

 

Am I making sense ? Part of my confusion is because my other thread involves a sold (I suspect) debt to Moorcroft and not an assigned one...

 

Think I need a large gin... lol !

[PriorityOne]

If there's anyone about... can you please confirm if I've got this right now ? Thank you folks....

[tifo]

The original creditor needs my permission to assign the debt to a DCA, but does not need my permission to sell it on to a DCA.

 

what's the difference between 'assign' with all rights and obligations and 'sell it on'? I thought they were the same, i.e. the bank assigns it to a DCA when they sell it on?