C C Company Ignoring Dispute

[santos ehelper]

Santos Ehelper v Nasty Bank

Hi all

Just a quick update on my situation and a bit more advice needed.

Sent out a CCA request and a SAR and a letter putting the account in legal dispute on 25th April along with a section 10 data protection notice to the good people at nasty bank and was just about to send a reminder about the CCA 12 days etc and returned home from work to find a letter off a legal firm asking me to contact them about my account etc before they commence legal proceedings etc. They also enclosed a questionnaire asking for employment details, salary etc and all phone numbers relating to me and work etc.

Now I have been really busy with work but have I missed something whilst working where as all the rules/laws relating to the data protection act have changed??

Eg why has this account been passed on to these legal people whilst it is in dispute. Is this normal practice. The data controller at nasty bank received all the correspondence I sent but seems to have completely ignored it.

Which way do I proceed now, do I write to the data controller at nasty bank or do I correspond with this legal firm who really should not have become involved in this as my letters all stated that the account was in dispute as of the 25th April.

Any ideas as which way to proceed would be appreciated.

Regards

Santos

[1159skunk]

The debt is for a credit Card yes?

 

They still will need to provide the copy statements you have requested, you may or may not get a reply to confirm they are dealing with this request, i always phone up to make sure that they are and its marked on the computer.

 

Secondly you need to find out when the debt was passed onto the DCA as if it was before they recieved your CCA request then you will have to send a new request to the DCA as the credit card company will probably just send your payment back (eventually) saying they are not dealing with your account any more. Which means it won't be legally in dispute.

 

If it was passed on after the CCA request then i'd write to the DCA with copy letters and proof that the requests were delivered before it was passed to them. (if you sent recorded del print off confirmation from website if you didn't send it recorded/ special del then you have no proof)

 

If the CCA was requested after it had been passed on or you have no proof of when it was delivered to them then i'd send a new CCA request to the debt collectors to cover your back and buy you the time you need

 

I wouldn't give them any phone numbers, don't acknowledge the debt and don't fill out the form they have sent you.

 

Thats how i'd proceed, but you can wait and get other peoples views.

[powelll]

The debt is for a credit Card yes?

 

They still will need to provide the copy statements you have requested, you may or may not get a reply to confirm they are dealing with this request, i always phone up to make sure that they are and its marked on the computer.

 

Secondly you need to find out when the debt was passed onto the DCA as if it was before they recieved your CCA request then you will have to send a new request to the DCA as the credit card company will probably just send your payment back (eventually) saying they are not dealing with your account any more. Which means it won't be legally in dispute.

 

If it was passed on after the CCA request then i'd write to the DCA with copy letters and proof that the requests were delivered before it was passed to them. (if you sent recorded del print off confirmation from website if you didn't send it recorded/ special del then you have no proof)

 

If the CCA was requested after it had been passed on or you have no proof of when it was delivered to them then i'd send a new CCA request to the debt collectors to cover your back and buy you the time you need

 

I wouldn't give them any phone numbers, don't acknowledge the debt and don't fill out the form they have sent you.

 

Thats how i'd proceed, but you can wait and get other peoples views.

 

Sounds spot on to me. Esecially the bit about contact details, employment info etc. You are not obliged to give this info to them regardless of the status of the debt. They're just cheeky so and so's who hope that you will repsond without thinking out of sheer panic...

[santos ehelper]

Thanks for the advice 1159Skunk and Powell

 

The credit card company received the CCA and SAR by special delivery next day guarrenteed ( got the printed proof ) and then did what they normally do in response to any communication by myself, just completely ignored it and gave it to someone else to deal with. So the CCA etc were all received before it was passed on.

 

I am now going to write to the Solicitors and inform them of what has transpired so far and then wait to see if they start court proceedings.

 

They will get no personal info off me either because I think my personal Data has been bandied round enough already.

 

I am going to write to the Data Controller at nasty bank as well and question him as to why he totally ignored the requests. Is this grounds for a complaint to the Information Commissioner?

 

I will await your views

 

Many thanks

 

Santos

[1159skunk]

I wouldn't bother writting to the Data controller or bother making a complaint to Information Commissioners Office yet, its a Credit Card so it is very likely they do have an agreement, if you chase them on it they will provide so leave it bide your time and wait for your statements that way you're buying yourself more time for preparing your case for reclaiming the charges.

 

If you chase them and they provide it tomorrow the account is no longer in legal dispute and won't be until you file at court for reclaiming charges, and with the banks and cc companies taking the p*ss with the timescales you don't know how long that will be.

 

In the meantime write to the solicitors, explain you don't acknowledge the debt account is in dispute and send them copy of the CCA request and then leave it at, whatever the solicitors send you after that (as long as you still haven't had a copy of the cca of course) ignore. In the highly unlikely event they did try to take you to court you're covered but deal with that if it ever did happen, which as i said is very unlikely once they have the facts.

[santos ehelper]

Thanks Skunk

 

Just been reading through the solicitors letter again and they have missed some numbers off the account number,

 

so I am just going to inform them that the details they sent do not relate to me so I cannot comment on this matter any further.

 

Wonder how they will reply to that?

 

Santos