Help with a specific debt and DCA

LunarTic

fermi wrote: »

One DCA will often get another to collect on it's behalf, and I suppose this adds an extra layer of threat and confusion that they feel is to their advantage.

Sometimes the "client" is a completely separate DCA, but often it is just another DCA in the same "group" of companies (or even the same company). For example the Lowell group operates several "trading styles" (Lowell Portfolio, Red Collections, Hamptons Legal), but they are in fact the same company. However, when one is "allegedly" acting for the other they often refer to the first one as a "client".:rolleyes:

In theory this shouldn't really be passed on to a new DCA, but don't be too surprised if it is.:rolleyes:

You may wish to note the Office of Fair Trading guidelines for debt collection agencies, http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Pay particular attention to section 2.6(c) which considers it unfair practice to use "more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties".

I leave it to the jurisdiction of the OFT to determine if they deem it unfair for a company to contact the same person over the same debt using more than one trading name.

uiop

Small update, I received a call from the DCA at the end of last week saying they had received a payment into a suspense account (which was incorrect, or at least if they have it was not from me) and that the account was now with the arrears department, which is of course a complete contradiction to the letter I have from them here. (To save people reading back the basic story is that they couldn't provide the CCA and wrote saying the account was closed (after the 12+2 letter) and passed back to their "client"...the original CCA request from me was at the end of June so the various time periods have elapsed and it could be about time for the 12+2+30 letter)

When i told the person that the account was in dispute and if they read the notes they would see this they became a little stroppy and started to talk over me etc. It was clear that they didnt have a grasp of the situation so when i managed to get their attention I explained once again that the account was in dispute, I had letters from them and that they needed to correspond with me in writing. At that point I basically had to end the call as it was about to go in circles.

So it seems they are continuing to try and mislead me in various ways, not sure whats going to happen next but will update you all as things happen.

In terms of action on my part, i continue to save money to pay off this debt in the future but I guess I now need to think about the 12+2+30 letter... or do we think that is not required seeing as I have a closure letter from them? I didnt really want to send the third letter at this point as i didnt want my payments from earlier in the year back, less to pay in the future etc... now I am not so sure.

Thoughts?

GeorgeUK

I'd stick with the timescale and send the letter.
They said they had taken your details off their system - obviously they haven't. They're just trying it on as usual.

rog2

Please do not be put off by this behaviour from the dca (who are they, by the way). Many dcas will attempt to say that the £1.00 that you sent as a 'Statutory Fee' was in fact a 'payment' towards the debt, in order to distract you from the fact that their legal obligations, under the Consumer Credit Act, 1974, began the day that they received your cca request. Equally it does not matter one bit if they are the original creditor or not - by persuing you for payment, they have accepted any legal obligations that this will put them under.
So ignore all of their attempts to distract you from the purpose of your initial request. If, after 12 working dats of receipt of your request they have been unable to provide you with a true copy of the original executed cca, then, already they can no longer enforce any such agreement without first applying for a Court Order. In the event that they did apply for a Court Order, all you would need to tell the Court, in your defence, is that you requested a copy of the cca and it was not supplied within the legal time frame.
They are, in effect, in default.
You should, by now, have sent at least the 12+2 day letter. IF a further month has gone by, since sending this letter, then send them the 12+2+30 day letter - http://forums.moneysavingexpert.com/showpost.html?p=6582439
If you have sent this letter, and they are still harrassing you, then there is a further letter that you can send them, but please let me know where you are at, before I post that letter.
If these thugs telephone again, don't be 'duped' by their attempts to divert you from your legal rights. Simply tell them that you will ONLY communicate with them, in writing and put the phone down.
If, as I expect they will, they persist, simply read out, word for word and ignoring any attempts by them to interject, the 12+2+30 day letter - then put the phone down.
Repeat this EVERY time they phone you - after all, they are paying the phone bill - they will soon get fed up with you.

uiop

Excellent, thanks for the posts, I appreciate the help.

I will arrange the +30 letter right now and get it sent off asap.

uiop

Short update, early yesterday they called again, I didn't answer that and then later they sent a text telling me I was to call them immediately... at least they did that in "writing" I guess .

So the 12+2+30 has been sent and delivered ( yesterday, probably wasn't read until after the text) and I guess I have to wait and see if that stops them from calling etc.

Thanks once again for the help.