Overdraft Default, Proving Notice Was Issued

[OneStepLeft]

Does anyone have any advice on how to proceed with respect to the above?

 

Either Halifax or Aktiv are at fault (and Aktiv should surely have sent the response back to Halifax rather than me, so that the mistake could be investigated). Thanks.

[InKogneeToh]

Hi

 

Oh what a pain these companies are! I would send the letter to Halifax as I suggested asking for all the information about who owns the debt, who is the current data controller etc.

 

Have Thames Credit written to you yet or made any further contact regarding this debt?

 

Regards, Pam

[OneStepLeft]

Negative to that last question Pam.

 

Would it be worth (or advisable) to foreword the letter specifically mentioning the apparent mix-up?

 

When I last spoke to Halifax they gave me the number of the DCA it was sold to, which was a Thames Credit number. So perhaps Halifax sent it to the wrong DCA (likely they deal with both being sister companies..?). That seems more likely than Aktiv passing the debt to Thames and not keeping a record especially as Halifax gave me a Thames number and not an Aktiv one.

[InKogneeToh]

Hi

 

When you say forward the letter - to whom do you mean?

 

regards, Pam

[OneStepLeft]

Hi

 

When you say forward the letter - to whom do you mean?

 

regards, Pam

 

Sorry Pam, I meant "foreword", not "forward", as in, start the letter that you suggested with a paragraph about the mixup.

 

Just keen to point out the farce to add to my defence so to speak and perhaps speed things up. If it was carelessly sent to another DCA not part of the same group then I presume I would be able to claim some breach of the DPA at least in terms of a complaint.

[InKogneeToh]

Hi

 

Yes, I think it would be a good idea to mention the 'pass the buck' episode of your first request when you write to Halifax again.

 

Regards, Pam

[OneStepLeft]

Afternoon, Pam.

 

I'll do that, thanks.

 

What is my best bet in terms of dealing with the ever present DCA for the time being? I keep getting missed calls from them (I say them, of course I have no proof they own it, or even if they are pursuing the same debt I think they are, although this is my own debt, this outfit are not unknown to pursue innocent parties) once every 3 or 4 days. They have not written to me suggesting they do not know my address and I want everything in writing from them moving forward but at this point I do not want to release my address.

 

Thanks,

 

OSL

[InKogneeToh]

Hi

 

Since they have not actually made contact with you yet, I would just let them keep ringing until you find out who the owner of the debt is.

 

Regards, Pam.

[OneStepLeft]

Thanks Pam.

 

One more (I promise) question about this letter, and that is do you think it worth bypassing the front doors at the bank and sending it directly to where it ended up (and something actually happened), i.e. retail collections department for the bank? It took 25 days to be routed internally and then 2 days to be responded to by two parties.

 

Is there any benefit in it being tracked from the front?

 

Thanks,

 

OSL

[InKogneeToh]

Thanks Pam.

 

One more (I promise) question about this letter, and that is do you think it worth bypassing the front doors at the bank and sending it directly to where it ended up (and something actually happened), i.e. retail collections department for the bank? It took 25 days to be routed internally and then 2 days to be responded to by two parties.

 

Is there any benefit in it being tracked from the front?

 

Thanks,

 

OSL

 

Hi

 

You could try ringing the bank's head office and asklng for a contact name (and address if different) for a member of their legal dept. Just say that you have important correspondence to send and you don't want it getting lost AGAIN!

 

Regards, Pam

[OneStepLeft]

I was just putting the finishing touches to a new letter to the bank about finding out who the actual creditor now is and who the data controller is, and I decided to check my CRA just in case and it seems that the DCA have now added their own default underneath the original. Same default balance as the original existing one, but but a slightly higher Current balance (some unlawful fee or another).

 

So, call me tifo, I now how 2 defaults on my file for the same debt!

 

What now?

[OneStepLeft]

Quick update, letters were sent bank and DCA pointing out the duplication and breach of DPA, with the DCA one including an updated CCA after help from Pam/Ingkogneetoh on their obligations as the CCA is written. No response from either, but DCA did update their default with my new details/address (and their creeping interest/charges of a few pounds) and made about 10 duplicate entries in other areas with various typos - glad to see they take their data controller license seriously then.

 

The standard 12 days and a further month have long passed now.

[BlueSmartie]

Sorry, wrong thread!

[OneStepLeft]

Just for clarity, I did ask for confirmation from both parties regarding debt ownership and for a copy of the default notice from both parties. I had already sent a CCA to the bank previously, and this time I sent a letter to the bank and a CCA to the debt owner (who added a default to my account more recently as detailed above). So both have been CCA'ed, although one more recently than the other, and both have now defaulted (at least 12 + 30) and neither of them have replied to the latest 2 letters. So if the DCA is back checking with the bank, then the backlog caused by all the recent bank charges could be causing a delay on both letters. I am not sure how long to wait now before complaining to all the relevant parties and researching the next steps in order to force a response. Thanks, OSL.

[tomterm8]

I am no longer welcome on CAG

[OneStepLeft]

hi tomterm8, thanks for your reply - for some reason I missed the notification back then so I have done none of what you suggest.

 

There has been some development in the form of a reply from the DCA, asking me to contact them by phone to discuss it (yeah, right...) but also enclosing a copy of the application I made when opening the account in the first place (note this was never asked for). It's a loose one page document (photocopy or similar) with just my signature, a few vague declarations etc, my rights under the DP act etc.

 

No acknowledgment at all of the actual content of the previous letter (duplicate defaults etc etc), and therefore they have not provided the statement of account (that they are obliged to under the CCA, and a little irrelevant since it is way passed the timeframe alllowed, eg 12 day + a month), the copy of the default etc.

 

Nothing at all from the bank.

 

Thanks,

 

OSL.

[OneStepLeft]

I have been reading a bit around the site about section 10 and it's relation to bank accounts and overdrafts. Does this apply here?

 

I CCA'ed under the 77/78 for a statement of account whoch I was under the impression they were obliged to provide regardless of the type of account.

 

I am now closer to my goal of offering to pay the debt in return for removal of the default as there is no proof of them sending a default, but the problem is that the original default was added by the bank whilst the newer one was added by the DCA. Am I right in thinking that the DCA should have assumed control of the original default rather than assume a new one?

[Azazal23]

I am in the same position as you, there seems to be a problem when it comes to overdraft defaults. Mine is with Barclays from 2004 and they have stated they dont send out default letters only termination notices, i recieved neither. They only send default letters for loans etc.. I have spoken to a debt help line they said the termination notice and default letter can basically be seen as the same thing which is a bit worriing for me as i am waiting for a date for trial and do not want to get creamed in court.

 

can anyone say for definate if oberdrafts are covered and if so are we supoosed to receive a Default notice at some point? if so where does it say that, becuase i cant find it in the act. if i can i have the bank by the curlys. Does seems to me that is unlike them to make such a monumental mistake

[OneStepLeft]

I'm not sure about that. I would have been happy with a termination notice or a default notice as either would have informed me what was happening and I could have acted to stop it. I would imagine they have to send you something and in this instance I don't think the terminology between default and terminology makes a difference - scone, scoan, tomato, tomheyto and all that.

I am led to believe that the bank needs to ensure you are aware (and hence the leverage and reported success of the learnmoney link) and would need to produce it in court to enforce it. Otherwise I have that they need to prove they made due effort to contact you or inform you.

 

But I cannot say anything with any fact, rather just things I have been made aware of from the people here.