!!!!!! - Strange Letter from DCA

AGB863

Ferni - they might be trying to put pressure on to increase the payments - but as you have said to insecticide - stand your ground.

The DCA can not force you to make any payment that you can not pay and there is a section from the Debt Collection Guidance as set down by the Office of Fair Trading that they could be breaking if they continue to try a get increased payments that you can not afford to pay....

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

stapeley

DId you ever get a notice of assginment from them or a CCA ?

incesticde

stapeley wrote: »

DId you ever get a notice of assginment from them or a CCA ?

Please could you tell me what a notice of assignment is?

denerobt

Hi incesticde,

Just out of curiosity, I did a search of the data protection register and their name didn't come up? Could someone advise if this is usuall, or have I made a mistake?

If they are not on the register and have your details electronically kept, then maybe they are falling foul of the law?

As per your OP, I would not answer the letter. Seems too much like baiting you.

denerobt

And just as a warning to DCA's. This is from the ICO who look after the data protection register.

Date: 19 February 2008

ICO prosecutes debt company for breaching marketing rules
A Manchester debt recovery company has been successfully prosecuted by the Information Commissioner’s Office (ICO) for bombarding individuals and businesses with unwanted faxes. The action follows thousands of complaints from individuals and businesses to the ICO and the Fax Preference Service (FPS).
ADC Organisation Ltd (ADC) pleaded guilty to six charges under the Privacy and Electronic Communications Regulations and has been fined £600 (£100 per charge). The organisation was also ordered to pay £1,926.25 in costs. ADC must pay a total of £2,526.25 in fines and costs.
Last year the ICO issued ADC with an Enforcement Notice ordering the company to stop sending unwanted faxes to individuals and companies who were registered with the FPS or who had not given consent to receiving such faxes. Since then the ICO and the FPS have received over 2,000 complaints about ADC.
Mick Gorrill, Assistant Commissioner, said: “Unsolicited marketing faxes can be just as irritating and intrusive as unwanted marketing phone calls. This practice is unacceptable and our action against ADC sends out a strong signal to any unscrupulous businesses that flout the rules.”

I wonder if unsolicited letters fall into the same catagory?

incesticde

denerobt wrote: »

Hi incesticde,

Just out of curiosity, I did a search of the data protection register and their name didn't come up? Could someone advise if this is usuall, or have I made a mistake?

If they are not on the register and have your details electronically kept, then maybe they are falling foul of the law?

As per your OP, I would not answer the letter. Seems too much like baiting you.

Righty-ho

I am in the process of writing a letter to FCM. in it I shall state that I have never missed a payment to them in three years etc etc I will demand an Full statement re my account with them.

I shall also mention that they are not registered with the data protection registrar and mention the legal issues (if any, still researching) of this.

I shall then ask for a copy of the orginal signed credit agreement and enclose a chq for 1 quid.

I'll post the letter here tonight before sending it off

cheers!

denerobt

With regards to sending a cheque to them, in another post it was recommended sending a postal order as some DCA's could use that account information for their own use!!

Yeah - got get em' :j

fermi

denerobt wrote: »

Just out of curiosity, I did a search of the data protection register and their name didn't come up? Could someone advise if this is usuall, or have I made a mistake?

I think FCM may be First Credit Management. If that is the case their entry in the register is:

Registration Number: Z4848105
Date Registered: 19 June 2000
Registration Expires: 18 June 2008

Data Controller: FIRST CREDIT MANAGEMENT LIMITED

Address:
VICTORIA HOUSE
437 BIRMINGHAM ROAD
SUTTON COLDFIELD
WEST MIDLANDS
B72 1AX

incesticde

Morning Folks,

this is the letter i'm about to send

<snip>

My Address

Monday, 25 February 2008

First Credit Management Ltd,
Fountain Court,
Vale Park,
Evesham,
Worcs,
WR11 1LS

Dear Sir/Madam

Re:− Client Reference Number :6xxxxxxxx05/ Your Ref No : N1xx/59xx

With regards to a letter received from yourselves dated 20th February 2008 (Your Ref No : N1xxx/59xxx, of which a photocopy is attached).

I am at a loss to explain why you believe I have missed a payment, and also why you believe the balance is £6.000. Are you sure you have the right person? (I notice the reference on this letter is different to the references on all previous letters from you)

I have had an account (Ref No 1xxxx) with you for over six years and have not missed a single payment in that time, also my figures show my balance as approx £3,200.

Please could you provide me with a statement of my account (Ref No 1xxxx) with you, showing the initial balance, all payments made on this account and the current balance of this account (according to your records).

With reference to the above agreement (Ref No 1xxxx), I would also be grateful if you would send me a copy of the credit agreement this debt relates to.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully


Mr Incesticde

<>

this was produced using a standard template found on CAG website, Is the wording for asking for a CCA correct (considering I am applying to a DCA and not the original lender?)

I'm looking at sending this in a few hours so please let me know

Many thanks

RAS

Even though you have been paying, stick

I do not acknowledge any debt to your company at the front of your letter.

incesticde wrote: »

<snip>

My Address

Monday, 25 February 2008

First Credit Management Ltd,
Fountain Court,
Vale Park,
Evesham,
Worcs,
WR11 1LS

Dear Sir/Madam

Re:− Client Reference Number :6xxxxxxxx05/ Your Ref No : N1xx/59xx

With regards to a letter received from yourselves dated 20th February 2008 (Your Ref No : N1xxx/59xxx, of which a photocopy is attached).

I am at a loss to explain why you believe I have missed a payment, and also why you believe the balance is £6.000. Are you sure you have the right person? (I notice the reference on this letter is different to the references on all previous letters from you)

I have had an account (Ref No 1xxxx) with you for over six years and have not missed a single payment in that time, also my figures show my balance as approx £3,200.

Please could you provide me with a statement of my this account (Ref No 1xxxx) with you, showing the initial balance, all payments made on this account and the current balance of this account (according to your records).

With reference to the above agreement (Ref No 1xxxx), I would also be grateful if you would send me a copy of the credit agreement this debt relates to.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully


Mr Incesticde

<>

I would recommend that you leave out references to the account that you think you should be paying and concentrate on the one for which they have sent you the £6,000 "bill". At very least, cut the sentences in bold