No CCA

craigers

When I entered into my DMP, one of my credit card companies sold my account worth £1600 to a DCA, who accepted my DMP payment proposal. Within a couple months, I came into a small lump sum and phoned up this DCA to negotiate a !!!!!!. We agreed a !!!!!! of £1000. I paid by debit card. My CRF was updated to show the account settled. Payplan had even paid an extra monthly payment to the DCA under my DMP.

Two weeks later, on a Friday evening of a bank holiday weekend they took another grand off my debit card. They refunded me by CHAPS, but it was the tuesday before I received the money which meant I was penniless that whole extended weekend, and my rent and council tax were paid late. But I got my money back so I was happy.

To my utter disbelief, about a month later I received a cheque from the DCA for the £1000 plus the over payment. Given they had taken an unauthorised payment on an already settled account, and the fact that they had left me with no money for 3 days, I cashed the cheque with the intention of paying back the grand but making them work for it, and to keep the overpayment. But they sent me a letter saying I'd broken the agreement and I now had to pay the original £1600. I swiftly told them I was seeking advice, which I didn't. Its now about 11 months since the letter demanding the £1600, and they continue to send threatening letters and bombard my phone with calls to which I never respond.

Can anyone advise where I actually stand, given the account was settled and I have no CCA with them?

GeorgeUK

I think you may be better posting this on the CAG website - they are more up to speed with the legalities and this appears to be more than just a simple CCA request.

http://www.consumeractiongroup.co.uk/forum/legal-issues/

I hope you get to keep it as they seem to have refunded the extra they took and the original amount you paid in settlement with them. Did you receive a letter from them stating the account was settled? Do you know what it says on your credit file?

Please let us know how you get on with this if no-one else here has any other suggestions.

good luck

craigers

I received a letter saying the account was settled, but I stupidly shredded it on receipt. I get my credit file online through checkmyfile and it has the account listed as settled against both the credit card company and DCA.

GeorgeUK

You could send a subject access request to the DCA - they should provide you with all information they hold on you, including correspondence. It cost £10 but not sure if it's a good idea to request it if theaccount is settled - just incase. CAG are good with the legal stuff so definately worth posting on that forum too.

stapeley

If they failed to supply a true signed copy of the CCA , there is no enforceable debt . This does not mean the debt does away , but in this case it may have ! As it is showing as settled on the credit file ,and if you will not be requiring credit for a few years , you could send a bog off letter . I doubt it would ever go to court . In this case it has gone your way , but it is NEVER a good idea to give debit card detail to these people . It has happened many many times, where a DCA HAVE TAKEN EXTRA PAYMENTS .I believe you were very lucky to get it back , twice !

craigers

Posted on CAG last night. Still awaiting a reply from someone with knowledge...

GeorgeUK

They do take a while to respond in comparison to this site - give it a bump after 24 hours if you don't get a response.
They are pretty helpful though.

Edit: I think there are more people on that site from about 5 onwards so it may just be timing issue for now.