Is it legal? A new debt collection agency is trying to collect on a disputed debt

djc1511

Hi there, I hope someone can help!

I recently went through the process of asking a debt collection agency to provide proof that they were legally entitled to collect on a debt that I had been paying since 2007. I didn't realise that I had rights and after finding out that I was entitled to ask, I did, as they have made my life hell for the last 3 years.

They not only didn't provide anything, they played 'dumb' to my request and whilst in the 30 day default perdiod sent what I believe to be a fake solicitors letter demanding full payment.

I wrote directly to the solicitor (with a copy of the letter they allegedly sent me) and they replied to say "they were referring the matter to their client for further instructions". That was on 27 October, and I've heard no more since then.

However, now another debt collection agency are calling me about the same debt. I've refused to deal with them until the write to me (as I want eveidence!)

What should my next steps be?

As far as I can tell from the CCA, the original debt collection agency's non complience makes the debt unenforseable (it's a debt that dates back to Dec 2005) and isn't it illegal for someone else to be chasing it when it was under dispute with them?

I'm happy to go to a solictior, but wonder if anyone can recommend anyone who deals with things like this on a no-win/no-fee as I don't have the money to spend though obviously want to resolve this, and if the original debt collection agency had no rights, I want the £3,000 back I've already paid out since 2007!!

Thanks for your advise!

djc1511

Thanks for the links!

PNPSUKNET

do you dispute the money is owed or the cca? If its the cca you have no chance of a refund of cash.

djc1511

I don't dispute that I owe the money and never have, I just dispute that I owe it to the debt collection agency as they refused to provide proof - thanks for asking as I realise that my first post was a little long and perhaps confusing!! I don't dispute that there is a debt, just 'who' can claim it legally!

saltnvinegar

Hi DJC1511

To find this out for sure you are going to have to issue the DCA with something called a Subject Access Request (SAR). You can find a template letter on the forum, I'll see if I can dig it out.

This will cost you £10 but will require them to produce all the data they hold on you and should include whether the debt has been assigned to them for collection or whether they have 'bought' the debt.

They will have 40 days to respond to the request.

The fact that the original creditor was referred back to by the original DCA and now you are being pursued by another would suggest that your CCA request has them rattled.

The original creditor is also in breach of OFT guidelines by using more than one DCA to pursue this debt.

I would initially start of with writing to them stating that you have issued a CCA request to the original creditor, they are in breach of the 12+2+30 days and therefore until such time they produce a true copy of your CCA you will have no further communication with them.

This should make them scurry off back to the original creditor and hopefully leave you alone until the next one comes along

Best

SnV