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Taking DCA's to court over False Collections


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I do not know if this has been discussed as yet but......

 

Would it be possible to take a DCA to court over a debt that they should not have collected.

 

Either you have completely paid or part paid a debt that they claimed to own but cannot produce the documents to substantiate their ownership.

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Hi,

I'm being persued for a debt that has been paid in full (CapQuest). What you mean is if I had say paid this off to the original lender then to CapQuest could I sue them. I think you would be able to as it would then have been taken unlawfully.

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What if a DCA has been collecting for several years, yet there is nothing on the credit files in relation to a debt to either the original lender or the DCA ?! :confused:

 

This is exactly what I mean.

The fact that the DCA had not had the original documents in the first place then have they not collected money illegally? If this is the case is it not reclaimable?

 

It is said that a DCA cannot claim money without the agreement. When it is requested they shy away because they then realise you know your rights.

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This is exactly what I mean.

The fact that the DCA had not had the original documents in the first place then have they not collected money illegally? If this is the case is it not reclaimable?

 

It is said that a DCA cannot claim money without the agreement. When it is requested they shy away because they then realise you know your rights.

 

 

this is a good point - if a DCA demands payment from you, but neither they nor the original creditor can produce documents that show that a debt is owed, then it would be interesting to see if they can be charged with an offence such as taking money by deception

 

why not send them a letter explaining that, if they cannot produce the relevent docs, then you will be making a complaint to the police

 

might set a precedent.....;)

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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this is a good point - if a DCA demands payment from you, but neither they nor the original creditor can produce documents that show that a debt is owed, then it would be interesting to see if they can be charged with an offence such as taking money by deception

 

why not send them a letter explaining that, if they cannot produce the relevent docs, then you will be making a complaint to the police

 

might set a precedent.....;)

 

This is exactly what I plan to do... after the calendar month goes by. A request for a full refund will go in my prelim letter at the beginnong of February...

 

I have 2 DCAs on the go at the moment, but one has bought the debt without any docs. (so far) and the other has had it unlawfully assigned, so there are 2 slightly different scenarios, but both have stuffed up and both have been collecting from me for years !

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  • 3 months later...

Hi all,

 

Am very interested to see if anyone has any updates on this. As you all know there are a number of [problem] artists posing as DCA's out there who have literally frightened folk into paying money for a debt they dont have ANY records on. Some companies have collected for old debts they have no link to whatever and have just hit addresses hoping to find that person. They have never had the debt legally passed to them, bought it or anything like that.

 

If it was possible to demand your money back it would really teach these bullies a lesson, by doing the only thing that will hurt them and that they care about - money. Complaints to the various agencies are doing nothing, or doing their thing very slowly. This would get them where it hurts - now.

 

anyone any ideas on this?

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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this is a good point - if a DCA demands payment from you, but neither they nor the original creditor can produce documents that show that a debt is owed, then it would be interesting to see if they can be charged with an offence such as taking money by deception

 

why not send them a letter explaining that, if they cannot produce the relevent docs, then you will be making a complaint to the police

 

might set a precedent.....;)

 

mmmmmm "DCA director's arrested for demanding money with menaces"

 

Wouldn't that be a headline to savour!:-) Stranger things have happened.

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  • 2 weeks later...

any updates anyone?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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I have written to one of my DCAs. Without giving too much away on here... :cool: , I have pointing out the following :

 

That they have been collecting for years in the absence of a CCA.

 

That they have been collecting on an account which I can now prove had a much smaller outstanding balance upon closure, which was a penalty charge anyway.

 

That I received no Notice of Assignment and can prove that the account was sold - S.A.R - (Subject Access Request) from original creditor.

 

That I received no notification of sale.

 

That I have not consented to my data being passed/shared/received, etc.

 

I have already complained to TS and the OFT and their response (or lack of) will determine if/how the matter will be escalated with various other regulatory bodies.

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Have you reported them to the ICO too?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thought it might be ;)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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