DCA have messed up! I'm taking them to small claims, they are fully defending it

LilacPixie

ok firstly consider how you arrived at the amount claimed and go from there.

You make your case then hear their defence which will be rubbish.

gettingbetter

this is brillant
cant wait to hear how it goes
kas x

NUFCnutter

I have received their defense and think its weak so I am going ahead with the case. I have to fill in a questionaire and send it back to my local court (which it has been moved to). This is what they have said in defense.







And I think it weakens the case by these points. I have all the letters and things from them too.

Firstly, they claim that I verbally agreed to pay the debt, well we all know that sometimes we agree to pay when DCA's are being agressive and forceful. This company was agreesive and quite sharp from the outset. At that time I was not a regular member of this board and I did not realise that I could defend myself against DCA's. At no time did I acknowledge the debt and I actually said to them that I believed that someone else had used my name and details when they had taken the debt on.

They claim that they have no taped phone calls for to ascertain whether the member of staff swore at me, however her supervisor was present when she swore and he confirmed he heard it. They have also written to me and said they have dismissed the member of staff because of this.

They also claim that I paid for the tv !!!!!! channel on my mastercard. I do have a mastercard but it has been over the limit for over 12 months now, and I phoned up the provider today and they have confirmed that no transactions occurred at all in november 2007 and are sending a copy of the statement confirming this to me.

They say I confirmed my email and mobile phone number in a telephone call to the !!!!!! channel. However I had a party at my house that night and between 15-20 people stayed over, all of which would have known my email address and mobile number.

They also claim I would have received a welcome pack from the tv channel with their terms and conditions in, and I know for a fact I did not.

The DCA say that they told verbally and in writing that this was covered by the distance selling regulations. However, I have nothing from them in writing to say this. I understand that this is probably the case, that there is no CCA because it was sold over the telephone, BUT if there is a valid case to claim the debt back why have I got a letter from them saying that they cannot prove I owe the debt and they have passed it back to the originator?

moo2moo

Reading their letter you subscribed to the service by telephone at 1am... is that correct? Seems an odd time and 1am exactly?

NUFCnutter

Thing was, I had a party at my house that night. I know I personally was in bed at 1am. There were between 15-20 people staying over. I know however that my Mastercard was not the one used to subscribe to the !!!!!! channel as I have checked with my card company and they have confirmed that no payments were made at all in November and are sending the statement to prove it.

bathgatebuyer

Could it have been a cheesed off recently dismissed member of staff who would be signing you up for naughty telly channels using the details she may have had access to?

In terms of your court case, you could take a wee look onto the CAG website as there are quite a few legal beagles on there who have helped me progress my own case against the Halifax.

stapeley

stapeley wrote: »

It may well be bad practice by the DCA , but what would a complaint to anyone achieve ? Apart from getting the person in question the sack ? If you had a recording of the call ,fair enough the OFT may slap their wrists . But will it reduce your debt ? Will it make a true copy of a CCA disappear? I am glad it cheered you up and do not get me wrong I hate these blood sucking parasites. I would advise you to concentrate your effors on picking any CCA produced to pieces if you can . good luck .

Well so you got someone sacked hope they have not got a family .

Misty_Blue

stapeley wrote: »

Well so you got someone sacked hope they have not got a family .

If they have, surely they should be even more concerned with upholding the correct standards of behaviour in the workplace so as not to leave themselves open to disciplinary measures.

Their employment is their responsibility, not the OP's.

stapeley

NUF!!!!ter wrote: »

I phoned a DCA (CFS in Dunfermline), now I know I shouldn't have but I did, they left me a message about the full and final settlement figure I offered. The girl who answered wasn't sure about what I was asking about, and remember at this stage I had been firm but polite. She (attempted) to put me on hold, but didn't quite manage it, and said to her supervisor "This woman is a f*****g nightmare. She is being and absolute a***hole and she now wants a copy of her signed cca, whatever that is." I heard her supervisor say "well just get her off the phone then".

So the young lass comes back and before she can say anything I said "Hello this is the nightmare here, can I please speak to your supervisor NOW!" She absolutely died on the phone, she said "Em yes, ok." tried to put me on hold again, failed to and I heard her say "Oh f**k she heard me!"

The supervisor waffled on about how it wasn't acceptable, but to be honest its the best laugh I have had all week. I am going to write to the company about the fact that I overheard her, but the lass must be mortified now!

" its the best laugh I have had all week,"
So you were not very offended by it really. Do you really think it warranted getting someone sacked ? The issue regarding disputing the account is a separate issue and you are entitled to oppose it under the circumstances . But to try and use someone else,s unguarded lapse to your advantage is taking it too far. Have you not said something out of order at the wrong time or sworn about someone, thinking that they could not hear you ?
I really do hope the out come goes your way and the debt is proved to not be your responsibility. I have said before ,I hate these parasites , that is the companies as a whole, not the people who work for them , after all they have mouths to feed like all of us .

mbaz

This thread has tickled me! I work in a call centre (not a DCA though obviously! wont tell u the company though!) and I must mute a customer at least once in my shift and slag them off if they've annoyed me!!! Going to be more careful in future!!

TBH I doubt someone would get the sack for it as it's pretty common practise in call centres (sorry!) I suspect she's left. The letter in response to your complaint says "is no linger working for the company" not that she's beens acked so dont feel bad about it.

Mx