Dca Help

haylibo

Very strange after reading these threads and thinking 'poor them' about some of the horrid situations people are in but now find myself in a similar one.

I bought some shoes on line a couple years ago from Viva la Diva who, instead of taking the payment straight away created a credit account - not what I wanted but wasn't too stressed about it as I could just pay with a card when the statement came in. We very soon after moved house and in the change over I didn't get the statement although I had mail redirected for months afterewards so not sure what happened. Subsequently forgot about the bill until VLD tracked me down to the new address and hit me with a bill for around £150 on a pair of £45 shoes to which I told them to fluff off. Everytime they sent me a letter (which I oddly didn't get) they had charged £12 for the letter and £12 credit charge. I handed over £45 and told them to float or at least to consider something more reasonable with their charges.

Today I had a letter from Thames Collection for £258. I phoned and asked for evidence of the debt and that it belonged to them (is this a matter of debate?) and they said I had admitted to it by paying some of the bill and that any info would only be sent if I send proof of ID to their PO address. I will send a request letter but wondered about the ID. This may sound dumb but do I owe them the full amount? Anyone any advice on this please?

TY Hayles

haylibo

or have I posted on the wrong board? and come someone explain what a cca is please?

GeorgeUK

Friday nights are often quiet.

They are asking you for money, but want to see your ID?
I take it that you have paid money to the debt in the last 6 years, or the debt isn't that old? If so then the debt cannot be statute barred.

Have a read of some of these threads.
http://forums.moneysavingexpert.com/showthread.html?t=578486
http://forums.moneysavingexpert.com/showthread.html?t=648973

Do not under any circumstances send ID to a DCA - they have been known to photoshop signatures onto "new" CCA's.

A CCA is a ConsumerCreditAgreement - not sure what an online one would entail, but if the debt has been passed to a DCA, they will have a Deed of Assignment.

This one could get a little complicated, but hopefully you'll get more detailed response over the weekend or later tonight.

skylight

NO ID - NOT EVER, EVER, EVER, EVER!!!!! NO NO NO NO NO

Have I made myself clear!!!!!

As well as getting the CCA letters, get over to the reclaiming charges board and dig out the templates for letters to the catalogue companys about those.

skylight

And another - its up to them to prove that you owe. Not the other way round.

haylibo

Thanks for the help. I have effectively admitted the debt by paying a sum off. Who does the debt belong to? VLD or Thames?

They refuse to give the cca without my sending a letter with ID and won't do it from a phone call. Can I insist? I don't want to send them ID, especially as I was told they wanted signed ID. They say they are one of the largest DCAs, anyone heard of them.
I need to send one pound for the cca but what do I send for the statement relating to the charges? They are shockingly high. Do they need to have a CCA if I have made a payment on account?

Sorry, very jumbled. Help much appreciated.

fermi

There is NOTHING in the law that governs a CCA request that requires either ID, or a signature on any letter requesting the CCA. Do not send either.

In fact it's better not to sign, but just print your name. Some DCA's have been known to fake agreements if they get hold of a copy of your signature.

But the CCA request MUST be in writing enclosing a £1 fee (postal order).

Have a read through

See: Getting a copy of your credit agreement and account details

And write:

Dear Sir/Madam

Account No: _____________________________

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request. I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I/we look forward to hearing from you.

Yours faithfully

Print, don't sign

If they should reply with the twaddle about requiring your signature, then you send them this:

RE Account NO XXXXXXXX

Dear Sir/Madam,

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

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

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested

Regards

Print dont Sign

** Edit as needed

haylibo

Fermi thank you so much for that and for the link. I've had a good look at the site and it is a huge help. I don't dispute that I bought the shoes but the charges are ridiculous. On that one...who do I claim the charges back from? The original charger or the DCA?

fermi

Have you paid the charges in addition to the cost of the original purchase?

haylibo

No, I paid back £45 which was just below the value of the shoes.

fermi

haylibo wrote: »

No, I paid back £45 which was just below the value of the shoes.

If you haven't actually paid the charges, then you can't "claim them" back as such.

You may be able to dispute them as unfair, and so should not have been applied to the account. You will get some proof/evidence of these if they provide "full breakdown of the account including any interest or charges applied" as per the CCA request.

If not then you can demand a breakdown with a "Subject Access Request", but since that costs £10 it's probably best to see how they respond to the CCA request first. If they can't comply with that then the account is "unenforceable" until they do.