DCA Request

copywrite33

Hi Everyone,

Just want to double check something,

If a company does not reply to a DCA request satisfactorily within the alloted time is the debt then unenforceable?

Basically i sent one of to Lewis Debt Recovery on 05/10/08 and recieved a letter from then on 30/10 attaching my bank statements...only they were not mine, they had sent me 25 pages of some ladies documents. Following advice from here i ignored them hoping they would go away and have had a RED letter through the post with the usual threats. I want to reply but don't really know what to write in it.

Many thanks

Oli

RAS

Copywrite, did you report the DCA to the Information Commisioner for breaking the data protection Act.

If you are refering to bank statements, then the Consumer Credit Act does not apply. Were you aware of this? Or is it a credit card account?

copywrite33

It is a bank account!

I have informed the Information Commisioner and sent them copies of everything.

I know that a CCA request does not apply but im sure they have to provide me with a statement of account and statements if requested. This was put into the initial request.

Is there anything i can reply to them with?

RAS

Do you think this is your bank account or does it belong to someone else? Or morre accurately, is it your debt?

copywrite33

I dont think this is my bank account and therefore not my debt.

RAS

OK

Cobbling the bogoff unless you can prove it letter a bit.

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

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

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. The bank statements sent by yourselves relate to another person's account.

On this basis, no such debt being owed by ourselves to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above account.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We have already informed the Information Commissioner of your cavalier attitude to the Data Protection Act and will forward any further details of this account from yourselves to the IO for further consideration

We look forward to your reply.

Yours faithfully