Advice please...

[Slade1]

I posted a query on another thread and haven't had much luck regarding replies so I thought I would start my own.

 

I am in a very similar situation to a lot of people on here with a DCA.

 

This all started in January when they sent me a 'final demand' (even though it was the first letter that I had received from them) for over £1,000 for a debt that I had on a Debenhams store card. This was nigh on 6 years ago now (but I'm not quite sure how nigh on)

I sent the CCA request and they responded with an application form which states that it is a Credit agreement (all signed etc) they did not send a copy of a statement or a deed of assignment. I would really like a statement as it would tell me when the debt is statute barred. I sent them a letter saying that they had not complied with my request, but they have now sent a letter saying that they are going to file proceedings at Rotherham County court. What do I do about that? Any help greatly appreciated

[Slade1]

Anyone have any thoughts on this one?

[Vampyra]

You need to send an SAR letter to I think Debenhams store cards accounts place - sorry for sounding vaugue on that - LOL.

 

The SAR will ask for your accounts to be sent and all other information kept on you so you can see how much in penalty charges you have been charged and also when the debt becomes Statute Barred - after 6yrs.

 

Hope that is of help.

[Zimmie]

Hi Slade,

I too was sent a copy of an application form in response to a CCA, when I first looked at it...I thought it was legit...but after reading around here, I began to doubt it...so I'm writing to the DCA requesting a true, executed copy of an agreement. Do a site search for cca/application form, you will find some massive threads...with a lot of debate around this, but you will find some key information as to what should be included on an agreement. The application may state that its a credit agreement, but in my humble opinion an application is just that. On the other hand if an application form is a binding agreement I'm going to send in job application forms for highly paid jobs with finance companies, turn up for work and demand my massive salary as I have an agreement!!

 

Have a read through the threads, look again at your application form, you may change your mind as to its legality. If you do...challenge the DCA over it.

 

As for the statement of account, I'm trying to find the answer to what that is myself. I had just a letter from the DCA stating the amount they consider I owe showing its status as defaulted. I really don't know if that is sufficient.

Apparently they don't need to provide a deed of assignment, I read that in another massive thread...maybe the cca/aplication form one. It seems that the deed of assignment shows what they purchased the debt for...and that is top secret!

 

Good luck

Zim

[Slade1]

I have sent an SAR off to Debenhams and have written to the DCA advising them that I have done this, basically I have said that this debt is in dispute and no further action should be taken until it is resolved.

 

Surely they shouldn't start legal proceedings until the dispute is sorted?

[kennyparkroad]

hi there, i replied in your other thread with a template letter, no point in putting it here too

 

let us know how you get on.

[Slade1]

Hi Kennyparkroad,

 

Thanks for your reply, I do not have a CCJ on this one, I have also checked my credit file and it doesn't show on there either (no links to other addresses or anything).

 

Can they take me to court without a default? I was under the impression that they couldn't. I was wondering whether they sent me the letter saying that court action was imminent to try to scare me into contacting them. I'm not easily scared any more.

[kennyparkroad]

its most likely a scare tactic.

 

just roll with the punches for now and see what happens.

 

Kenny

[Slade1]

Does this count as Cancellation rights on a CCA?:

 

'Your Right to cancel

Once you have signed this agreement you will have a short time to cancel it. Exact details of how and when you can do this will be sent to you by post by us.'

 

Any comments welcome.

[kennyparkroad]

i wouldnt say that counts as the RIGHT TO CANCEL terms.

 

thats my personal opinion, someone with more knowhow will be along shortly

 

[Slade1]

Thanks for that Kennyparkroad.

 

Anyone else have any opinions?

[Slade1]

Can anyone confirm or deny Kennyparkroad's opinion?

[Slade1]

Anyone at all?

[kennyparkroad]

bumping this up.

[Slade1]

Surely someone has an opinion on this? Please?

[rory32]

No this not a right to cancel. A statement of right to cancel requires a lot more detail and anyway its irrelevant if they haven't sent you a properly executed copy of your CCA.

They can't take legal action while the account is in dispute particularly with regards to the amount if any owed. You may want to do some light reading on this. Click on this link The Office of Fair Trading: Debt collection practices then click on debt collection practices.

[Slade1]

Hello, well a few things have happened on this since I wrote last, but mostly empty threats purporting to be promises.

 

Today I received a letter from Parkgate Investigation Bureau threatening to turn up on my doorstep (oh, please do...) or investigate my financial circumstances unless I phoned Debt Managers Ltd (as if I'm going to do that...). Funny thing is the letter is from an address in Rotherham, but their registered office is in Edinburgh, I happen to know that Debt Managers have an office in Rotherham and are based in Edinburgh. Coincidence?

 

has anyone else heard of this shower of b*stards?

[rory32]

Well they're not on the Information Commissioners Office database.

[Rameses]

Six years old? Why did you wait that long to deal with it? If you had paid, say, £10 month you would have paid almost all of it off!!!

 

Stop delaying and get debt free. Start paying, stop delaying.

[rory32]

Hopefully you'll get the statement of account and be able to see if its now over 6 years since the account was last acknowledged. If this is the case it will be statute barred.

[make them aktiv runners]

Well they're not on the Information Commissioners Office database.

 

Got the following off another forum if it helps with a search:

"P.I.B. Parkgate Investigation Bureau, PO Box 533, Rotherham. S62 6WW. The bottem of the letter says it's a division of Interaction SErvices Ltd. Registered Office 12 Hope Street Edinburgh. EH2 4DB"

[rory32]

Thanks Aktiv

 

 

Registration Number: Z6538378

Date Registered: 17 April 2002 Registration Expires: 16 April 2008

 

Data Controller: INTERACTION SERVICES LTD

 

Address:

4 JAMAICA STREET

EDINBURGH

EH3 6UP

This register entry describes, in very general terms, the personal data being processed by:

INTERACTION SERVICES LTD

 

This register entry contains personal data held for 2 purpose(s)

Purpose 1

 

Staff Administration

Purpose Description:

Appointments or removals, pay, discipline, superannuation, work management or other personnel matters in relation to the staff of the data controller.

Data subjects are:

Staff including volunteers, agents, temporary and casual workers

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Education and Training Details

Employment Details

Financial Details

Racial or Ethnic Origin

Religious or Other Beliefs Of A Similar Nature

Physical or Mental Health or Condition

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Education, training establishments and examining bodies

Suppliers, providers of goods or services

Financial organisations and advisers

Central Government

Employment and recruitment agencies

Transfers:

None outside the European Economic Area

Purpose 2

 

Debt Administration and Factoring

Purpose Description:

The tracing of consumer and commercial debtors and the collection on behalf of creditors. The purchasing of trade debts, including rentals and instalment credit payments, from business.

Data subjects are:

Customers and clients

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Financial Details

Goods or Services Provided

Offences (Including Alleged Offences)

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Business associates and other professional advisers

Other companies in the same group as the data controller

Suppliers, providers of goods or services

Credit reference agencies

Debt collection and tracing agencies

Traders in personal data

Central Government

Courts / Tribunals

Transfers:

None outside the European Economic Area

 

Statement of exempt processing:

This data controller also processes personal data which is exempt from notification

[Slade1]

Funny how these things work out.

 

I've had a letter from Debt (mis)Managers Ltd this morning advising me that they are returning the case to Aktiv and that no further action will be taken by them. This is from a company that, a few weeks ago, were definitely going to take me to court unless I contacted them immediately and were then going to make investigations into my financial situation and possibly turn up on my doorstep. A dramatic change of heart I'm sure you will agree.

[Slade1]

Hopefully this matter is now closed.

 

I received statements from GE Capital yesterday, although they only go back to October 2001, I have calculated (based on the overdue amount on the earliest statement) that the last payment would have been made sometime before 19th May 2001, therefore the debt is statute barred!

 

I am glad that the debt can no longer be enforced, although part of me does hope that Aktiv Capital continue to chase it just so I can tell them to sod off.

[kennyparkroad]

if it is statue barred can you claim back charges?