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No CCA and debt passed on
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Tinkles
Posts: 66 Forumite
Was hoping someone would be able to give me some advice...
On 20th Feb I requested the CCA from a DCA that was chasing me, I heard nothing. So, on 28th March I sent them a follow up letter informing them that they had failed to comply and also advising them that whilst this account was in dispute they could not pass it on. I still heard nothing so on 29th April I sent them another letter asking them to confirm to me in writing that they did not have the CCA and included the line "Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would result in you being reported to the relevant authorities."
I still heard nothing so I reported them to OFT and the Financial Ombudsman who have both said that they have written to the company and that they should respond to me in writing within 8 weeks of my original complaint. this date has well and truely passed and I had still heard nothing until yesteday when I received a letter from a different DCA stating that the account had been passed to them - they can't do this can they?
What should I do next, should I go back to OFT and the Financial Ombudsman?
Thank you in advance for any help anyone may be able to give.
On 20th Feb I requested the CCA from a DCA that was chasing me, I heard nothing. So, on 28th March I sent them a follow up letter informing them that they had failed to comply and also advising them that whilst this account was in dispute they could not pass it on. I still heard nothing so on 29th April I sent them another letter asking them to confirm to me in writing that they did not have the CCA and included the line "Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would result in you being reported to the relevant authorities."
I still heard nothing so I reported them to OFT and the Financial Ombudsman who have both said that they have written to the company and that they should respond to me in writing within 8 weeks of my original complaint. this date has well and truely passed and I had still heard nothing until yesteday when I received a letter from a different DCA stating that the account had been passed to them - they can't do this can they?
What should I do next, should I go back to OFT and the Financial Ombudsman?
Thank you in advance for any help anyone may be able to give.
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Comments
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Tinkles
Didn't want to read and run but I can't offer any helpful advice on this one, but one of the experts will be along soon.
Good luck
Cat.xDFW Nerd Club #545 Dealing With Our Debt
never attribute anything to malice which can be adequately explained by stupidity, [paranoia or ignorance] - ZTD&[cat]
the thing about unwritten laws is that everyone has to agree to them before they can work - *louise*
March GC £113.53 / £3250 -
Definately make a formal complaint to the company that sold the debt on and to the OFT and the FO.
Check out the Information Commisioner as well?If you've have not made a mistake, you've made nothing0 -
Thanks RAS,
Just reread the letter I was sent (now that I am a bit calmer!!) and it states that it is in fact the OC that has passed the debt to this new company and not the original DCA. Does this make a difference as my original complaint was with the DCA but as far as I am concerned the account is still in dispute.0 -
Hi Tinkles
Send this letter to the new DCA, at same time hit the OC with the CCA request, then they (OC) cannot send it to another DCA (although they do).
FORMAL NOTICE - ACCOUNT IN DISPUTE
Dear Sir/madam
Account Number xxxx xxxx xxxx
I must admit that I am somewhat bemused as to why this account has been passed to yourselves as it is in dispute with the **original creditor/dca** and has been since **Enter date of your original cca request**.
Not only is this a breach of the OFT Debt Collection Guidelines, but also in breach of the Consumer Credit Act, 1974 and Data Protection Act, 1998.
As **original creditor/dca** are now in default of my Consumer Credit Request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.
As you are aware, whilst my Consumer Credit Act request remains in default, enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.
Consequently any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to the ** original creditor/dca ** for resolution of these defaults and breaches as ** enter new dca name (Apex) ** cannot lawfully pursue any enforcement activities.
If ** new dca (APEX)** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act, 1970 - Section 40, as well as breaching a number of the OFT Debt Collection Guidelines.
I hope that further action will not be necessary and that an amicable solution can be accomplished.
I would appreciate your due diligence in this matter, and look forward to hearing, in writing only, from you within the next 14 days.
Yours faithfully0 -
You need to inform the new DCA of the facts . Do not speak to them , you will find that they will also send it back . The DCA are acting as agents for the OC , so both companies are in default . Send copy of letter to OFT and FO.0
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One thing you must remember - DO NOT SIGN your letter, just print or type your name. Some of these cmpanies aren't above a little light forgery in the name of extortion... :mad:
It's also a good idea to send it registered/recorded delivery (can't remember which is cheapest!) so they can't claim the letter never arrived.
~Jes
Never underestimate the power of the techno-geek...
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Thanks to you all for your advice.
I'll write to them now and hopefully get this resolved,0
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