DCA advice wanted please

TotallyBroke · 20 May 2008 at 8:15AM

I have posted about this debt before. We've had 3 dca's trying to collect a debt of £214.04. OH owes Yorkshire building society £129 according to his credit file. I have intended to pay the money directly to Yorkshire but am broke at the minute.

OH opened a letter from Advantis credit and rang them! Letter says they are going to refer account to legal partners. In an attemt to avoid legal costs they are prepared to negotiate. Offer is made without prejudice and for a limited time. They are now ringing back on 29th May to receive payment of £107.02.

I'm hoping someone can advise me on what to write in a letter. I want to say we'll pay it so long as debt is truly settled and that no-one will try to collect it again. I also want it as showing as settled on all credit files.

Thanks

stapeley · 20 May 2008 at 8:47AM

NEVER TALK TO THESE PEOPLE ON THE PHONE ! its been said a thousand times . Any agreement made on the phone is not worth the paper its written on ! You say three companies have been after the debt ? You must request a NOTICE OF ASSIGNMENT , how else will you know you are paying the right people ????

TotallyBroke · 20 May 2008 at 9:25AM

I know but he thought he was doing right.
For all other companies I have always written to them saying I have never heard of your company and therefore do not owe you any money. I never hear from them again. Until a different letter from a different company comes through. I would've done the same with this one as the client name is showing as Lewis Group. Not once has the client been Yorkshire building society.
Could you point me to a thread that may have a template letter for the notice of assignment please.

RAS · 20 May 2008 at 10:13AM

Unless this was for an OD, send this to the latest load of monkeys to contact you

Send it registered post, so you can track it. Since this is OH debt, you can write his name or you could sign it in his behalf. That prevents the DCA copying his sig onto a blank CCA.

The DCA have 12 working days plus two days in which comply with your request. If they do not produce the paperwork, they are in default. After another 30 calendar days, if they do not produce the documents, they are committig an offence if they pursue the debt. At this point it is important to report them as this disencourages them from transferring the debt or trying again later.

Expect them to up the ante as they will try to get him to cough up before 12 days is up.

here is the letter.

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

We understand a copy of our credit agreement should be supplied within 12 working days.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

Remember not to sign it, just print your name!

TotallyBroke · 20 May 2008 at 10:21AM

Unfortunately I think this is a debt for unauthorised overdraft.
I have drafted this...

Dear Sir/Madam,

I am writing to you with regards to the above reference numbers.
Firstly, I would like to say that I do not owe you or The Lewis Group Ltd any monies.

After speaking to you on the telephone I have decided that I no longer wish for correspondence via this method. I request from now on that everything be put in writing.
I am therefore writing to you to request a Notice of Assignment from the Original creditor. I enclose a postal order for £1 to cover the cost in sending me this document.

Do I need to add anything to this or totally rewrite it.
Thanks

RAS · 20 May 2008 at 10:32AM

Hi

If it is an OD, then he needs to do a SAR - Subject Access request. WHo is listed as owning the debt on his credit record?

I would suggest also writng to the Yorkshire BS and reminding them that they are liable for the behaviour of any agent collecting debt on their behalf under the OFT Guidelines for Debt collection and it is contrary to the OFT Guidelines to have more then one DCA chasing the same debt. Please would they clarify who owns the debt as you cannot pay it until you know?

And make sure in writing before the debt is paid that the DCa will mark his record fully satisfied.

TotallyBroke · 20 May 2008 at 10:41AM

On credit expert (the only one I have for him) it says

Company name:YORKSHIRE BANK
Account type:Current Account
Special Instruction Indicator: Debt Assigned
Started:26/01/2005
Default Balance:£129.00
Overdraft Balance:Satisfied
Defaulted On:09/05/2005
File Updated for Period to:15/10/2006
Status history:
[] brackets indicate most recent months status [

</IMG> ] What's this?

Are there any SAR templates floating about that I can amend.

Thanks

TotallyBroke · 20 May 2008 at 11:39AM

Is this the SAR letter that I need to send to Yorkshire building society along with a payment of £10.

Dear Sir or Madam:

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to ……(please would you also tell me the logic involved in any automated decisions you have made about me)

If you need any more information from me, or a fee, please let me know as soon as possible.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer or another appropriate officer.

Yours faithfully

Should this then tell me the exact amount that is in debt plus who they passed it to for collection.
What should I say to the DCA should I still send them the Notice of Assignment letter that I posted earlier?

Thanks

TotallyBroke · 20 May 2008 at 12:32PM

Sorry for bumping my own message.

I would like to know if the letters I have included are ok to be sent off in the post today.

I'm very grateful for all help I have received.

Thanks

TotallyBroke · 20 May 2008 at 3:25PM

Sorry for bumping again.

But I don't want to send something that maybe incorrect and cause me more problems.

Thanks

GeorgeUK · 20 May 2008 at 4:05PM

Don't think i've seen that letter before, but the reference to the act is correct. Here's a few other examples of a SAR i've listed.
http://forums.moneysavingexpert.com/showthread.html?t=925011

I think you want the SAR to see what charges and payments have been made to the account. Also as it is unclear who is supposed to be collecting the debt, as RAS says:

remind them that they are liable for the behaviour of any agent collecting debt on their behalf under the OFT Guidelines for Debt collection and it is contrary to the OFT Guidelines to have more then one DCA chasing the same debt. Please would they clarify who owns the debt as you cannot pay it until you know?

Let them know that should any amount be outstanding, you are prepared to make full and final settlement if the account is marked as settled and any defaults removed from your credit file on receipt of a letter to that effect.

To all the DCA's i would write something like:

I acknowledge no debt to you or your clients.

As we are currently being asked by 3 seperate agencies for payment of this alleged debt, we will not be making any payment until we have confirmation from the original creditor on the status, amount and payment to which parties is required.

DCA advice wanted please

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