Sticking it to DCA

skyshadow

Hello folks, following on from my previous post about legal action I've taken a short break from work and am attempting to redress the balance between myself and multiple debt collection firms. I've even taken on helping one or two friends out with theirs as I personally think that DCA are the scum of the earth.

Main reason for my post is to gain feedback and hear everyone elses opinions on the matter and hopefully post success stories as I don't believe it is just enough to be able to shut the debt collectors up and stop them calling, if they are harassing you without cause then they need to be taken to task.

I've previously worked in investment banking (please don't hate me for this it was a few years ago and I wasn't a front office trader) Business to business debt recovery, and more recently for a well known building society in mortgage approval and later Subject Access Request so I think I have enough internal knowledge of the system to know how to fight these parasites.

I realise many of them troll these boards so I don't want to give away too much to allow them to identify the accounts in question and damage the litigation going through but I'll list scenarios and companies separately for your entertainment.

Companies

Barclays
British Gas
Capital One
Council
DVLA
E-ON
Sky
MBNA
Santander
Vodafone

DCA

Apex Credit Manangement
BCW
Bryan Carter
Capquest
Cabot
Fredrickson
Lowell

The only one I can go into detail about as this is resolved is Santander, a short while ago I went over drawn by 92p while using my debit card. The transaction was authorised and I was none the wiser until I rcvd a letter from collections informing me i was more than £100 overdrawn due to being charged £5 per day as a daily overdraft charge. This carried on well into the balance being £500 overdrawn which I refused to pay.

The long and short of this was I was able to get this refunded and waived (they claim as a "goodwill" gesture) on the basis that:
1) They never wrote to me notifying me of the charges thereby preventing me from anything until they wrote to me that carried on escalating cannot be deemed fair
2) These charges are not charges I agreed to as a previous A&L customer with A&L T&Cs
3) They changed the internet banking site so I was unable to log onto Alliance & Leicester as it no longer existed thereby unable to check my balance and see I was overdrawn
3) Santander claiming they wrote to me notifying me of a change in charges that I never agreed to does not represent a binding contract as while their letter is an offer, my silence does not constitute an acceptance - Felthouse V Bindley 1862 and is ergo unenforceable.

This situ might be of help to others in a similar bind who were on accounts pre Santander that have now been changed.

The other DCA companies have all attempted to enforce debts or threatened legal that are either statute barred, no contracts to support them, or invalid due to errors on the account.

A few of the accounts have been settled by cheques from 3rd parties. While this isn't a hard and fast rule generally a full & final offer cheque from someone other than the debtor that is cashed makes the debt difficult for the DCA to collect on (not impossible) unless they do certain things. Generally speaking though it is not the percentage of the debt that determines the DCA actions but the value, for example if the debt is £100 and your offer is for £10 it is not worth the legal expense of trying to collect £90, where as if your debt is £1000 and your offer is £100 it might be worth the £900 for the DCA to drag it through the courts.

I've always been a fan of SARs as well as if the debt has some basis to it, then for a £10 fee you can get access to all your data on the account and anything they submit in later court action that was never disclosed can be brought into question. Alot of the time the DCAs will claim they hold nothing or give you just the call logging screen print outs so don't be afraid to call them everyday for updates and questioning everything. Use their own tactics against them.

Currently I've got a 2 harassment court cases awaiting dates and will hopefully be able to post the results similar to the 2009 case against British Gas that will encourage other people they are not powerless against DCAs who have no regard for the law.

skyshadow

Got a reply to one of my SARS, no contract in there as "all contracts are held in storage and not organised or filed in any format that makes them able to be located"

The company believe this is an acceptable reason for not supplying, and while there is some grounds under the DPA that it is only data that is accessible that needs to be provided, the fact they don't file it correctly is hardly an excuse. Moreover as they are chasing me for a debt I've argued I doubt the existence of a contract and would rule it inadmissible in court as they failed to provide it.

This is currently one of the companies I am suing so I feel with no contract that forms the basis of their charges I disputed there is little grounds to support their actions, and with no legal grounds I look forward to hearing a defence to unlawful harassment in court.