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

NUFCnutter

Well I haven't sent it yet, so might just make a change to the letter. Their address on the letterhead and at companies house is completely different. One is in Fife (letterhead) and other is in surrey (companies house).

hypno06

I would send it to the one in fife, and I would def include in the letter the action that you require.

What you don't want, is just to get a letter of apology stating that the member of staff has been put down for extra staff training.......you want to say something along the lines of

" I look forward to receiving confirmation of xxxxxxxxx (whatever it is that you are after, reduced payment, full and final or whatever) without any futher problem"

NUFCnutter

Cheers for the advice guys. You are all superstars as usual.

NUFCnutter

Have added this paragraph:

Considering the extent of the foul and abusive nature of the language that your member of staff used about me, and after taking advice, (I haven't said its from you guys, but they don't know that :rotfl: ) I feel that a satisfactory outcome for both parties would be for you to accept the full and final offer of £34.50 as a goodwill gesture, and confirm in writing that the acceptance of this payment is made on the clear understanding that neither you or any associated company will take any action to enforce or persue this debt in any way whatsoever and that I will be released from liability. Also that you will make an entry on the credit reference agency file relating to this account as satisfied in full.

hypno06

Looks good to me!!

NUFCnutter

Ok so its long but the letter says:

Dear Sir,

With reference to the above agreement, I wish to make a serious complaint about a member of your staff within the call centre. Today I had reason to call the office and I spoke to a young female member of staff identified as XXXXX by her supervisor, Mr XXXXX.

During the conversation, where I remained polite but firm with the staff member, she needed to seek some advice from the supervisor and asked me to hold the line. However she did not correctly place me on hold and so I was able to still hear what she said. I was absolutely disgusted to hear her say to her supervisor “This woman is a f!!!ing nightmare; she is being an absolute !!!!!!.”

When she came back on the line I was, naturally, furious and explained that I had heard exactly what she had said to her supervisor and that I wished to speak to him immediately. XXXXX again asked me to hold the line, and again did not put the call on hold correctly and so I heard her say “!!!!, she heard me.”

This is not the kind of treatment that I would expect from a professional company. I was very angry and extremely upset to experience such poor and inept customer service from one of your staff. Due to the severity of the language that your representative used about me I will now require all correspondence to myself to be in the written form.

If you contact me via the telephone I will view it as harassment and you will be in breach of Section 40 of the Administration of Justice Act 1970 and the Protection from Harassment Act 1997. You would also be in breach of the Communications Act (2003) s.127 and I would report you to OFCOM, Trading Standards and the Office of Fair Trading, meaning that you would be liable to a substantial fine.

Considering the extent of the foul and abusive nature of the language that your member of staff used about me, and after taking advice, I feel that a satisfactory outcome for both parties would be for you to accept the full and final settlement offer of £34.50 as a goodwill gesture, and confirm in writing that the acceptance of this payment is made on the clear understanding that neither you or any associated company will take any action to enforce or pursue this debt in any way whatsoever and that I will be released from liability. Also that you will make an entry on the credit reference agency file relating to this account as satisfied in full.

At this stage I am forwarding a copy of this complaint to both Trading Standards and The Office of Fair Trading informing them of the service that your company presents to its customers. I look forward to receiving a reply within 14 days of this letter.



Does it read ok in full?

hypno06

It reads fine.....let us know how you get on!

Incisor

rayday2 wrote: »

It seems OK no expert here but you haven't actually asked anything of them. While you have them over the barrel you sure you don't want anything more?

Are you trying to arrange a payment plan, interest refunded - anything you are the expert here??!!

Compensation! Sue!

stapeley

rayday2 wrote: »

I should imagine with that experience he can push for his full and final settlement which will go a huge way with his debt. Don't be so negative!

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 .

hypno06

Yes, Stapeley, it COULD reduce the debt.

I had a complaint against Egg - they incorrectly passed my account to Crapquest when I had never so much as been a day late with a payment.....Ok, so it is a different type of complaint here, but it was still THEIR error.

I complained - properly - and was awarded a cash sum which I could pay off my debt or have as a cheque, and a reduction in my interest rate to a "token" rate, which in effect is very much reducing the amount I repay.

This is not all about pulling apart a CCA, indeed I don't recall a CCA being mentioned in this post, so that it not what it was about at all - it is about being treated fairly and respectfully, and like a human being, not a piece of dirt just because we are in debt.