DCA Reconstituted work of fiction

[PurpleMinion]

Hi,

Firstly I have not mention the DCA as I expect that they monitor these forums.

After eighteen months since the original request a DCA has sent me what they say is a "True copy" of a reconstituted sainsburys credit card agreement, which they say satisfies CCA S78

According to the FCA handbook, and the Carey v HSBC they are allowed to do this if it contains the correct details and that as long as they accurately reflected the original, BUT THEY ARE NOT ALLOW TO DECEIVE

Well....

1. the account was opened in 1998
2. The address for sainburys on the recon is Holborn, London. Sainburys didn't move into this address until 2002
3. I did not live at the address quoted until much later. In fact in 1998 the house didn't exist
4. The terms and conditions refer to Rights of third parties act 1999. this did not come into force until 18th November 1999, some eighteen months after the account was opened.

This does not in anyway comply with section 78 and is a work of pure fiction

My question is do I tell the DCA, where they are wrong
Can they create second "true copy of a reconstructed agreement"
Do I ignore it let it go to court and then have my day,
Or complain to the FCA

[nemesis45]

Re: DCA Reconstituted work of fiction

Hi,

Firstly I have not mention the DCA as I expect that they monitor these forums.

After eighteen months since the original request a DCA has sent me what they say is a "True copy" of a reconstituted sainsburys credit card agreement, which they say satisfies CCA S78

According to the FCA handbook, and the Carey v HSBC they are allowed to do this if it contains the correct details and that as long as they accurately reflected the original, BUT THEY ARE NOT ALLOW TO DECEIVE

Well....

1. the account was opened in 1998
2. The address for sainburys on the recon is Holborn, London. Sainburys didn't move into this address until 2002
3. I did not live at the address quoted until much later. In fact in 1998 the house didn't exist
4. The terms and conditions refer to Rights of third parties act 1999. this did not come into force until 18th November 1999, some eighteen months after the account was opened.

This does not in anyway comply with section 78 and is a work of pure fiction

My question is do I tell the DCA, where they are wrong
Can they create second "true copy of a reconstructed agreement"
Do I ignore it let it go to court and then have my day,
Or complain to the FCA

Hi welcome to L

No do Not explain what's wrong with the recon, reject/refute as non compliant e.g. I am in receipt of what company name refers to a ""reconstituted" agreement for the alleged debt that it is pursuing Ref:......................: Please note this document is refuted as non compliant with the formulation of a reconstituted agreement, therefore the alleged debt remains unenforceable.

You are anonymous on LB unless your user name betrays you real ID it would enable us to advise clearly if we had more detail.

For clarity a recon must have:
Your name and address when the account was opened.
The creditors name and address when the account was opened.
All the T's & C's relevant when the account was opened and those when the account was closed.
Any other document (s) mentioned in the T's & C's.
All material amendments made during the life of the agreement.

From the information provided what you have received is nonsense and has no merit as to section 78 of CCA 1974 (as amended)

nem

[Berniethebolt]

Re: DCA Reconstituted work of fiction

I dare say that even if they were able to do an accurate recon it would be unenforceable anyway , many debts from that age were as they did not comply with the CCA. But as Nem says don't tell them whats wrong, in fact I would think about even contacting them unless they contact you at which point you just write and say 'On xxxxxx I sent a lawful S78 request, to date you have failed to comply with my request' . You might want to add what is required by quoting S78(1) , a cut and paste would do .

[PurpleMinion]

Re: DCA Reconstituted work of fiction

Thank you Nemesis45,
This was my original thinking, what about an FCA complaint, they are an FCA Member?

[nemesis45]

Re: DCA Reconstituted work of fiction

Thank you Nemesis45,
This was my original thinking, what about an FCA complaint, they are an FCA Member?

The FCA is the governmental body set up to replace to OFT it issues " consumer credit licences" and administers the provisions of CCA 1974 DCA's and Debt Purchasers are licenced by the FCA. Personally I'd leave any complaint until all this is cleared up, if there is deliberate deception here it would come up in the event a claim is issued.

nem

[FlamingParrot]

Re: DCA Reconstituted work of fiction

Hi,

Firstly I have not mention the DCA as I expect that they monitor these forums.

If they do, they won't be able to tell who is who since they handle thousands of accounts and we also have thousands of members here, there are also a lot of similar sites and they have better things to do like printing out and stuffing envelopes with threatening letters. :lol:

After eighteen months since the original request a DCA has sent me what they say is a "True copy" of a reconstituted sainsburys credit card agreement, which they say satisfies CCA S78

According to the FCA handbook, and the Carey v HSBC they are allowed to do this if it contains the correct details and that as long as they accurately reflected the original, BUT THEY ARE NOT ALLOW TO DECEIVE

That is correct, they are allowed to send a recon.

Well....

1. the account was opened in 1998
2. The address for sainburys on the recon is Holborn, London. Sainburys didn't move into this address until 2002
3. I did not live at the address quoted until much later. In fact in 1998 the house didn't exist
4. The terms and conditions refer to Rights of third parties act 1999. this did not come into force until 18th November 1999, some eighteen months after the account was opened.

This does not in anyway comply with section 78 and is a work of pure fiction

It does sound like a reCON!! :rant:

My question is do I tell the DCA, where they are wrong
Can they create second "true copy of a reconstructed agreement"

No, you shouldn't tell them why they are wrong. :nono: The DCA cannot reconstruct an agreement, only the original creditor can, but you don't want to give them the ammunition.

Do I ignore it let it go to court and then have my day,
Or complain to the FCA

I reckon you could take this to your advantage rather than making it the subject of a complaint. If they went to court with that rubbish you could have the whole thing thrown out. :juge:

[PurpleMinion]

Re: DCA Reconstituted work of fiction

Thank you for your all of your responses,

After consideration, I am just going to sit on this and wait for the threats, more threats, final threats, extra final threats, we mean it this time threat, letters to come in.

Furthermore, I now live in the EU and the DCA knows this. So they will probably just go away, but if not I'm ready

[FlamingParrot]

Re: DCA Reconstituted work of fiction

Thank you for your all of your responses,

After consideration, I am just going to sit on this and wait for the threats, more threats, final threats, extra final threats, we mean it this time threat, letters to come in.

Furthermore, I now live in the EU and the DCA knows this. So they will probably just go away, but if not I'm ready

Do they write to you abroad or are you having your post forwarded so you can be aware of what's going on? I'm just saying in case a claim was issued, you'd need to respond within 14 days or they can obtain default judgment :scared: which doesn't take into account whether the account is enforceable or not.

[PurpleMinion]

Re: DCA Reconstituted work of fiction

I have no UK address and they correspond directly with me in the EU

[Berniethebolt]

Re: DCA Reconstituted work of fiction

I would make sure that you do not ignore any real threats of a claim as I believe that if they get a judgement against you they can enforce that if you live in the EEA

[PurpleMinion]

Re: DCA Reconstituted work of fiction

Then maybe I should reply, using Nemesis45's rebutal, it will certainly make them think before they act

[nemesis45]

Re: DCA Reconstituted work of fiction

Then maybe I should reply, using Nemesis45's rebutal, it will certainly make them think before they act

Hi Purpleminion,

How much is being chased is it a large amount?

There is a facility call a European Enforcement Order which allows an EU court to enforce a debt that has a judgement in another EU state unless the amount owed is significant it may not be worth the effort to go this far.
Not many of these order are made.

nem

[PurpleMinion]

Re: DCA Reconstituted work of fiction

Without going into all the details
Originally it was 10k,
4k has been paid via a DMP,
the DCA have added 4k interest,
so it is still 10k

The reason I have stopped paying toward this is they refuse to stop adding interest. I last made a payment In November 2014.

[nemesis45]

Re: DCA Reconstituted work of fiction

Without going into all the details
Originally it was 10k,
4k has been paid via a DMP,
the DCA have added 4k interest,
so it is still 10k

The reason I have stopped paying toward this is they refuse to stop adding interest. I last made a payment In November 2014.

If this was my problem I would use the suggested rebuttal now.


nem

[Berniethebolt]

Re: DCA Reconstituted work of fiction

Then maybe I should reply, using Nemesis45's rebutal, it will certainly make them think before they act

I would not reply just yet , wait until something substantial comes through the post