Is it possible to stop DCA's passing debts on?

Magicmonkey

Basically as the title asks.

My situation is this, about 2 years ago I was contacted by a DCA called MacKenzie Hall (spelling may be incorrect) seaking to collect on a debt with GE Capital (Time Retail Finance Ltd), I'd never heard of this company so did a bit of digging on the internet and found out they supply finance for a number of retail chains. I've never bought anything on finance from any of the retailers they are/were associated with and I also checked my credit file and saw there was no outstanding debt on there (at least that I'm not already paying) so I querried the debt. To cut a long story short I got a number of letters/phone calls from MH ranging between "we want to help you out" to down right threatening (on one occaision telling my GF, not me, that if SHE didn't make an immediate payment they will "send some men round"). Anyway I stuck to my guns and demanded they provide dosumentary evidence that I owed the debt before I would acknowledge it and also raised a complaint with the FO. They eventually had to admit there was no such evidence and give up.

Sorted I thought but no such luck, they just passed it on to someone else. We went through the same process again until they had to admit there is no evidence that I owe any money so had to give up. Rinse and repeat.

Now this in itself isn't a problem, there is no debt owed by me so they are unable to provide any sort of proof that I owe it so they can't make me pay. It's just getting very frustrating that every 2-3 months I get letters/phone calls from another DCA trying to collect on it, is there any way that I can force them to either write-off the debt or disassociate my name from it so they stop passing it on and hasseling me?

Jinx

I cant really help - sorry. I was thinking if you could get the original creditor to update the records it would help but if its been sold umpteen times they will only care about the money theyve shelled out.

My advice would be ignore and bin the letters and tell those who call to get lost.

thechippy

Report every new dca to the oft and tell them you're doing so.

Ignore all the cobblers they send.

martin_algar

this is a similar situation to what i'm in, except i settled on a final offer with the original DCA and paid it in full, yet 2 years down the line i get another letter from a different DCA stating i still owe the original amount, i'm currently seeking legal advice so any info i get ill pass it straight on

Magicmonkey

Thanks for the responses.

From looking around the web I think I may have thought of a way, I'll present my though trail and would appreciate if anyone can tell me if I'm right or wrong here:

1. A DCA cannot pass on a "in dispute" debt.
2. Because I don't acknowledge the debt that means it's in dispute.
3. Unless they can provide evidence the debt is mine it will remain in dispute.
4. If they do then pass this on they will have acted illegally (????) by passing on a in dispute debt.
5. If the above happens I don't have to answer to any new DCA chasing and can just refer it to the OFT/FO.

Like I say it's not to much of a problem as I know there's no debt (at least with me) to answer, it's just annoying that I get hassled for it every couple of months and I don't want some dodgy DCA turning up at my door while I'm at work and my wifes (we got married since it kicked off) at home on her own with our young kids.

GeorgeUK

You may wish to post that scenario and legal argument on the legal beagles forum, but as far as i am aware, it is the OFT Debt collection guidelines that state if a debt is in dipute, it should not be passed on. This is only a guideline and not enforcable. I am not aware of any legislation that would apply to this.

magpiecottage

Since 2007, holders of Consumer Credit Licences, which include Debt Collection Agencies, fall under the jurisdiction of the Financial Ombudsman Service.

This means that if you respond to contact from a DCA with a complaint that they are breaching the OFT regulations and asking for redress for the distress and inconvenience caused, they have to deal with it in accordance with the relevant rules and if you are not satisfied, you can go to the Financial Ombudsman Service (free to you but not necessarily to them).

You won't make megabucks from it but if they get the idea that you are going to cause them a loss not the profit they hoped for they may eventually tire of it.

flora65

I am interested in this thread as we are having a similar problem with this DCA, they are saying that WE have to prove that we don't owe the money, but will not provide us with any details at all and the original creditors they are quoting in their letters say there is no outstanding debt.

GeorgeUK

Flora, i take it they are saying that you need to prove the debt is not owed when on the phone? If they were stupid enough to put that in writing, you should definately be making a complaint against them.