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Quick question re DCA's


santamonica
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I got a phone call from a DCA even though I never gave them my number and I'm ex-directory.

My question is can I tell them not to call me at home and give them my mobile number instead and do they have to agree to this, or do I have no choice in how they contact me? :-?

 

Gill

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No you need to send a request for a copy of your credit files from the Credit Reference Agencies.

Alan, Derby, UK.

 

 

 

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I have my credit file, this is showing a default from 2004 for 1 company but they had already defaulted me the year before and have sent another one which I received yesterday, all for for the same debt.

 

On another site they said

 

" a default notice can only be given once on any debt.

It can be threatened in the sense that if you do not "remedy the breach" within 14 days but once it has been issued no further ones can......

..The agreement has been terminated once they issue the default.....

......A default can only be legally issued ONCE on the same debt. It has a 'life-span'of six years and must come off the credit reference agencies files after this time

- this is the law under the Consumer Credit Act.

 

However,if they DO re-issue the default,

it is NOT consumer credit law being broken,

it comes under the Data Protection Act.

 

....... a report 'Defaults Filed with Credit Reference Agencies' by Carol Hufton, .......

.....states that 'the date of the default should not post date the CCJ or bankruptcy',

and that otherwise is 'a breach of the 1st Data Protection Principle' -

'the re-recording of a default is not acceptable'."

 

So as the CRA is showing the default from 2004

I need a copy of the default from 2003 to show it had been issued and therefore insist they amend their records to show this default.

 

Meaning it will off my report in 3 years rather than another 6.

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The default letter is a pretty standard document. You should write to the company concerned, point out what has happened and give them a period to correct the position. If they fail to do so make a complaint to your local trading standards and the CRA concerned.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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