DCA keep debiting my debit card

[chrysalis]

This is an old debt I have with Capitalist One, which is in dispute - yet they still passed me on to a DCA.

 

About a year ago, I got a card through the door from NCO (I didn't know who they were or what they represented at the time) saying that they would gain access to my house to recover goods to the value of the debt if I didn't pay up within seven days (I can't remember exactly what it said, but that was the gist). I panicked and got really upset. When I phoned them up, they said they represented Capital One, and that if I wanted to stop them coming to the house, I *had* to make a payment there and then. I had no idea what my rights were, and out of desparation I payed them £5 with my debit card. I remember saying that I wanted to pay off the debt, but would have to speak with my husband to see what we could afford. They asked if I knew roughly how much, and I said, "I don't know probably only about £20".

 

Later, when I'd discovered this forum, I realised that I shouldn't be paying them anything if the account is in dispute! The thing is, NCO have taken it upon themselves to simply debit my card by £20 each month anyway. I honestly don't know why I haven't noticed it. Maybe because it's a debit card payment, rather than a proper direct debit. Whatever, they have been doing this since last April.

 

I phoned my bank, and they have cancelled my card. They have also explained that I can fill in a form and claim this money back if I didn't authorise it - which I know I didn't. The question is, what do I do now? NCO have been sods in the past to talk to; hanging up on me, threatening me with bailiffs etc, but my worry is that because I've been making payments, it looks like I'm acknowledging the debt as it stands - I'm not.

 

Any help or ideas would be lovely.

[LAN01]

Have you sent them a CCA yet, if not then do so asap as they cannot do anything whilst the debt is in dispute. You say the account was in dispute with Capital one prior to it being sent to the dca did you inform them in writing that you disputed the debt and send them a SAR to Capitla one to request all statements etc?

 

If not then it might be worthwhile doing that now and then you will be able to see exactly what is owed and what charges have been added.

 

Don't forget to enc £1 fee for the CCA and £10 for the SAR.

 

hope this helps.

[Zimmie]

Also unless there is a CCJ against you for the debt baliffs cannot gain access to your house and remove your property. Such threats are counter to the OFT Debt Collection Guidance (Unfair Business Practices) on several counts....communication, false representation and/or legal position, deceptive and/or unfair methods.

Then there is the issue of them taking debit card payments from your bank without your authority. You gave them your debit card details for ONE transaction of £5, you did not authorise them to retain your card details and take what they want....I'm sure this is theft, and possibly a breech of data processing.

They need to be reported to OFT.

[dx100uk]

and you didn't ack the debt did you? you were forced into it under duress . and the [unlawful] threats they have made.

THEY HAVE NO POWERS!! take them to the cleaners.

 

dx100uk;)

[chrysalis]

Have you sent them a CCA yet, if not then do so asap as they cannot do anything whilst the debt is in dispute. You say the account was in dispute with Capital one prior to it being sent to the dca did you inform them in writing that you disputed the debt and send them a S.A.R - (Subject Access Request) to Capitla one to request all statements etc?

 

If not then it might be worthwhile doing that now and then you will be able to see exactly what is owed and what charges have been added.

 

Don't forget to enc £1 fee for the CCA and £10 for the SAR.

 

hope this helps.

 

Thanks,

 

I have all the statements relating to the time when the dispute started - they charged me for a late payment then an over limit fee, both of which they said they'd reverse. They didn't, and kept telling me (get this) to "ignore any letters I got because they're computer generated" Naiively I did this, and it's cascaded into a bit of a mess.

 

Unfortunately, all this was done over the telephone (this is going back a couple of years now) so frustratingly I have nothing in writing. Should I still send the SAR even though I have the statements? I know a lot of this sort of thing seems to be about correct process, and I'd hate to get it wrong on a technicality.

[chrysalis]

Also unless there is a CCJ against you for the debt baliffs cannot gain access to your house and remove your property. Such threats are counter to the OFT Debt Collection Guidance (Unfair Business Practices) on several counts....communication, false representation and/or legal position, deceptive and/or unfair methods.

Then there is the issue of them taking debit card payments from your bank without your authority. You gave them your debit card details for ONE transaction of £5, you did not authorise them to retain your card details and take what they want....I'm sure this is theft, and possibly a breech of data processing.

They need to be reported to OFT.

 

This is brilliant - thank you

 

I know now they can't access my property, but at the time I would have believed anything they said There is definitely NO CCJ against this debt, either.

 

My bank say that once I fill out the complaint form with their fraud people I should get the money back in 48 hours (I have no idea how it works, but they've been really helpful) 12 payments of £20 will be very handy about now! I shall definitely look into reporting them to the OFT, too.

[Zimmie]

It doesn't matter that don't have anything in writing, you can still send a S.A.R. It might be worth asking for more than just statements, ask for copies of all communication and any information relating to telephone calls as well. I've seen this set out in a letter on a thread but I can't remember which one.

Get your CCA off asap by recorded delivery.

It might be worth a visit to the Police Station as well to report their activities with your bank account. Your bank can back you up on this.

[chrysalis]

and you didn't ack the debt did you? you were forced into it under duress . and the [unlawful] threats they have made.

THEY HAVE NO POWERS!! take them to the cleaners.

 

dx100uk;)

 

exactly! The payment I made of £5 was to stop people coming to my house. I remember saying things like "I want to sort this out" not "I want to pay off the debt and the shedload of interest and charges that have been added"

 

[chrysalis]

Just to confirm, Zimmie, do I send the CCA to NCO or Capital One?

[Zimmie]

Send the CCA to NCO. I don't know if they have purchased the debt or are collecting on behalf of Cap 1, but it should keep them busy either way.

[rory32]

You can CCA either. Even if Cap1 have sold the debt (doesn't sound as if they have though) they still need to keep a copy of the original credit agreement for 6 years after closure of account.

I believe the SAR that zimmie is refering to would be this one and it should be sent to Cap1.

 

Dear Sir/Madam

 

Account Number:xxxxx

 

Please supply me with all information you may have registered about my accounts with your company. In particular I request information which includes, but is not limited to, a true legible copy of the original application forms and a true legible copy of the actual executed agreements as well as statements of the accounts from the opening date of these accounts to the present date.

 

I also need to see the renewed, signed and fully executed copies of the credit card agreements to include all terms and conditions which should have been issued when a new credit card was issued as laid down in S85 of the Consumer Credit ACT 1974. I also request to see full details of the deed of assignment which you have allegedly supplied to any Debt Collection Agencies dealing with these accounts.

I require disclosure of any indication or notes which you hold and notes of all telephone calls made to me by your call centre staff both in the UK and any offshore operations either within Europe or elsewhere in the world. This data is to include all written, audio and electronic correspondence and data.

 

I enclose the statutory maximum fee of £10. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I don’t think I need to remind you that you have just 40 days to supply this information under the Data Protection Act.

 

Yours faithfully,

 

[ODC]

Cancel your debit card with your bank and ask for a new one

[NailPost]

It sounds as if your bank is already taking action but you need to write to your bank and tell them that Crap1/NCO have set up a direct debit without your knowledge and authority and that any further demands from them to the bank for payment should be refused.

 

If they go ahead and pay another £5 then they have ignored your instructions and you can let rip at them then.

 

You should now write to Crap1, a SARN letter would be best, demanding copies of your statements going back to the start of the account or six years and then going through them carefully and noting all the charges they have added. Then start the ball rolling to claim them ALL back - accept nothing less.

[Robdblynd]

Agreed Zimmie, it is against the law to process payment from a debit card without the permission of the card holder. Each and every transaction has to be authorised unless it is in writing that they can take the payment. If there is no written confirmation that they're entitled to process payments they must destroy the card details. They are not allowed to retain them.

 

I know this for certain because I paid for my heating oil over the phone by card and when I wanted to order the next lot I said to the girl that she had my card details, she could just go ahead. She told me that it is against the law to retain card details unless the card holder gives permission in writing and that all details must be destroyed after the authorised transaction is accepted.

 

Sounds suspiciously like obtaining money by deception to me.

HTH