I defaulted on a credit card, need advice on what to do next.....

[echat11]

Thanks so much for the clarity.

One last question....should I write to the DCA and let them know I'm sending a CCA to the credit card company, i.e., will that get the DCA to hit the 'pause' button re my 'account' with them?

It won't do any harm, quote, that they suggested it and you are following their instructions. If they 'hassle' you, pull them up on it, lodge a complaint, they should give you space awaiting the information you have requested. Update the thread, if they decide not to play ball.

[Alacoque]

Thanks so much for the clarity.

One last question....should I write to the DCA and let them know I'm sending a CCA to the credit card company, i.e., will that get the DCA to hit the 'pause' button re my 'account' with them?

[echat11]

1. A template 'we've not been able to contact you' letter. In fact, they know they've been able to reach me because I've written to them and they’ve responded to: a CCA request, a SAR letter and a follow up SAR letter. Their letter states 'failure to contact us will lead to the closure of your account.....and our client may decide to assign your case to a solicitor to recover sums due through legal proceedings.......a county court claim may be issued.....etc.’ Should I reply to this?

I would, make sure you get Proof of Postage. They are just being typical DCA's.

2. A response to my SAR, dated a day earlier than the above letter. The DCA sent it 'Signed For'. But I didn't sign for it, the postman must have (?!).

Some background: my first SAR was sent by First Class post on the same day as my CCA, which was sent ‘Signed For'. The DCA replied to the CCA with an unsigned 15 page 'agreement' within the prescribed time period. The covering letter was a bit ambiguous: ‘... in respect to your request for a copy of the the original agreement for the account.....Please see attached the documentation provided by our client....'. Is 'documentation' the same as a 'copy of the original agreement' or am I being pedantic? Also, please see the mention of the credit agreement in the SAR response below - the DCA refers me back to the Credit Card company for a copy of the agreement.

Documentation is a general term, agreement is a specific document. If you send a CCA request to the DCA, they can pass it on to the Credit Card Company. The important thing is to get the information you seek.

The DCA continued to harass me by email, text and phone calls so I sent another letter 21 days after the CCA and SAR and again requested that communication to be only via post and I also enclosed a copy of the original SAR letter. The calling, texting emailing stopped.

That's good, don't be scared to make a complaint if they 'harass you'.

The covering letter from the DCA re the SAR includes this 'You state in your letter dated X that you had previously requested a SAR via post on Y. Unfortunately, we do not have a record of this being received.....' In other words, they're denying receipt of the original SAR so their response can be within the 30 day limit by responding to the copy SAR I re-sent. In the docs enclosed, this re-sent letter is stamped by the DCA as arriving 6 days after I sent it First Class post (!). Also, BOTH copies (presumably inadvertently) of the original and the re-sent SARs are included in the enclosures - the DCA DID receive the original SAR. But they'd be out of the 30 day limit if they responded to the original SAR. Note also this line from the letter: ‘As we are not the original creditor, we do not hold copies of your original agreement. Please contact Credit Card directly on Phone Number if you require further information on this’. What was the ‘documentation’ the DCA sent to me in response to my CCA (as in para 5 above)? Should I send a CCA request to the original creditor? Shouldn’t the CCA have the agreement if it’s chasing the debt?

Don't get drawn in by their non compliance with SAR deadlines, if you went to the ICO after 30 days, all they would tell you to do is do what you've done. Yes send a CCA request to the Credit Card Company.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

And the DCA response to my SAR includes these documents:

all my letters to them and a Royal Mail proof of delivery of my CCA request - though it’s on the reverse of the SAR I sent First Class on the same day, the one the DCA denies receiving

list of facts about the credit card account (names, dates, amounts, etc.) on one page

list of ‘Account Activity’ over 1.5 pages, detailing dates of calls, emails, letters to me and from me. It fails to mention the accurate date or the receipt of the CCA request (despite enclosing Royal Mail Proof of Delivery for it). It mentions ‘£1 payment to DCA’ 12 days after the CCA and £1 fee was received. The CCA letter itself is stamped by the DCA as being received 17 days later than it was. There are other errors regarding letters I sent, especially in terms of dates received and ‘date received’ DCA stamps on the letters.

Do I need to respond to the DCA and point out their errors?

If you feel strongly make a formal complaint in writing, follow their complaints procedure.

Sorry, this is such an awful headache to read (I did try to simplify it) and major thanks to anyone who can advise me.

[Alacoque]

Apologies in advance for the density of this post but I'm trying to process the DCA SAR response as I go. Lots of boring detail.

Two letters recently arrived from the DCA:

1. A template 'we've not been able to contact you' letter. In fact, they know they've been able to reach me because I've written to them and they’ve responded to: a CCA request, a SAR letter and a follow up SAR letter. Their letter states 'failure to contact us will lead to the closure of your account.....and our client may decide to assign your case to a solicitor to recover sums due through legal proceedings.......a county court claim may be issued.....etc.’ Should I reply to this?

2. A response to my SAR, dated a day earlier than the above letter. The DCA sent it 'Signed For'. But I didn't sign for it, the postman must have (?!).

Some background: my first SAR was sent by First Class post on the same day as my CCA, which was sent ‘Signed For'. The DCA replied to the CCA with an unsigned 15 page 'agreement' within the prescribed time period. The covering letter was a bit ambiguous: ‘... in respect to your request for a copy of the the original agreement for the account.....Please see attached the documentation provided by our client....'. Is 'documentation' the same as a 'copy of the original agreement' or am I being pedantic? Also, please see the mention of the credit agreement in the SAR response below - the DCA refers me back to the Credit Card company for a copy of the agreement.

The DCA continued to harass me by email, text and phone calls so I sent another letter 21 days after the CCA and SAR and again requested that communication to be only via post and I also enclosed a copy of the original SAR letter. The calling, texting emailing stopped.

The covering letter from the DCA re the SAR includes this 'You state in your letter dated X that you had previously requested a SAR via post on Y. Unfortunately, we do not have a record of this being received.....' In other words, they're denying receipt of the original SAR so their response can be within the 30 day limit by responding to the copy SAR I re-sent. In the docs enclosed, this re-sent letter is stamped by the DCA as arriving 6 days after I sent it First Class post (!). Also, BOTH copies (presumably inadvertently) of the original and the re-sent SARs are included in the enclosures - the DCA DID receive the original SAR. But they'd be out of the 30 day limit if they responded to the original SAR. Note also this line from the letter: ‘As we are not the original creditor, we do not hold copies of your original agreement. Please contact Credit Card directly on Phone Number if you require further information on this’. What was the ‘documentation’ the DCA sent to me in response to my CCA (as in para 5 above)? Should I send a CCA request to the original creditor? Shouldn’t the CCA have the agreement if it’s chasing the debt?

And the DCA response to my SAR includes these documents:

all my letters to them and a Royal Mail proof of delivery of my CCA request - though it’s on the reverse of the SAR I sent First Class on the same day, the one the DCA denies receiving

list of facts about the credit card account (names, dates, amounts, etc.) on one page

list of ‘Account Activity’ over 1.5 pages, detailing dates of calls, emails, letters to me and from me. It fails to mention the accurate date or the receipt of the CCA request (despite enclosing Royal Mail Proof of Delivery for it). It mentions ‘£1 payment to DCA’ 12 days after the CCA and £1 fee was received. The CCA letter itself is stamped by the DCA as being received 17 days later than it was. There are other errors regarding letters I sent, especially in terms of dates received and ‘date received’ DCA stamps on the letters.

Do I need to respond to the DCA and point out their errors?

Sorry, this is such an awful headache to read (I did try to simplify it) and major thanks to anyone who can advise me.

[Alacoque]

Thanks so much. Since I don't truly understand the implications of contacting the ICO or the FOS or lodging a formal complaint with the creditor (not the DCA?) I think I will wait to see what the DCA does next.

Thanks again for the advice, much appreciated....

[echat11]

So, radio silence from the DCA re the SAR request, which was posted first class 61 days ago. I resent the SAR request 41 days ago, also by first class post.

Nothing.

Should I leave it or follow it up?

Also, unsure as to the validity of the copy of the 'original agreement' that was sent to me.

What to do next, if anything.....?

Many thanks n advance....

a) So, radio silence from the DCA re the SAR request, which was posted first class 61 days ago. I resent the SAR request 41 days ago, also by first class post. Nothing. Should I leave it or follow it up?

You could make a formal complaint to the ICO regards SAR, they will chase the Creditor. You could lodge a formal complaint with the Creditor, follow their complaints procedure, if you aren't happy with the response, you could complain to the FOS. Complaints to the ICO are time sensitive. Or wait to see what the DCA does next.

b) Also, unsure as to the validity of the copy of the 'original agreement' that was sent to me.

From what you say the CCA they sent is odd, look at it again once you get another response from the DCA.

[Alacoque]

So, radio silence from the DCA re the SAR request, which was posted first class 61 days ago. I resent the SAR request 41 days ago, also by first class post.

Nothing.

Should I leave it or follow it up?

Also, unsure as to the validity of the copy of the 'original agreement' that was sent to me.

What to do next, if anything.....?

Many thanks n advance....

[Alacoque]

Thank you.

It was taken out in 2018, can't remember the exact date.

I responded to an offer that came through the post to me. I want to say I posted back the application, not completed it online, but I'm not one hundred percent sure.

Will ready the I&E and let's see what this week brings, re SAR.....

Thanks again.

[echat11]

So, in a letter dated 5 business days after the 12 business day allowance to reply to my CCA request, the DCA sent (by Second Class post) what they define as 'documentation' provided by the creditor 'in respect to your request for a copy of the original agreement for the account...' It is a lengthy credit card agreement that appears newly printed. Though my name and address are printed on the front page, the signature box is unsigned, as is the 'authorised by Creditor' box. Wouldn't a copy of 'the original agreement' be signed by me and the creditor?

Not sure if any of this is significant?

Also, the DCA has yet to ask for an I & E form to be completed.

Tomorrow is the 'calendar month' deadline for a response to the SAR.

As ever, thanks in advance for any help on this....

Remember to stay calm.

a) Though my name and address are printed on the front page, the signature box is unsigned, as is the 'authorised by Creditor' box. Wouldn't a copy of 'the original agreement' be signed by me and the creditor?

Depends when the agreement was taken out, was it taken out online?
What date did you take it out?

b) Not sure if any of this is significant?

Might be dependent on the date.

c) Also, the DCA has yet to ask for an I & E form to be completed.

But it's a good idea just to get that done, so it's ready, if they do ask.

d) Tomorrow is the 'calendar month' deadline for a response to the SAR

You might have to send a follow up letter, but lets see.

[Alacoque]

So, in a letter dated 5 business days after the 12 business day allowance to reply to my CCA request, the DCA sent (by Second Class post) what they define as 'documentation' provided by the creditor 'in respect to your request for a copy of the original agreement for the account...' It is a lengthy credit card agreement that appears newly printed. Though my name and address are printed on the front page, the signature box is unsigned, as is the 'authorised by Creditor' box. Wouldn't a copy of 'the original agreement' be signed by me and the creditor?

Not sure if any of this is significant?

Also, the DCA has yet to ask for an I & E form to be completed.

Tomorrow is the 'calendar month' deadline for a response to the SAR.

As ever, thanks in advance for any help on this....

[Alacoque]

Thanks! I factored in the weekends and bank holidays when calculating the 12 business days to respond.

The account was opened in 2018

[echat11]

Stay clam, remember there has been a couple of Bank Holidays, DCA's leave the mail to collect dust before they finally open the mail, so there's a week gone there.

Which year did you open the Credit Card Account?

[MIKE770]

Do not chase up CCA they know the rules do not do their work or remind them. Dsar 30 days

[Alacoque]

Update.....no reply to the CCA request (now over 12 business days), no acknowledgement of that or the SAR request I sent.
Just email after email, telling me 'The minimum payment required is £'. In other words, nothing??
I posted another letter today, again requesting contact only via post and enclosing copies of the CCA and the signed Royal Mail receipt and SAR.

[Alacoque]

Thank you for the clarification! Staying calm. Thanks to you.