anyone taken a DCA to court?

[lickthewallfatboy]

Hello guys and gals

due to a combination of circumstances I haven't been involved in this forum of late,but i'm back......

have a query for you all

Capquest,that well known bunch of incompetents,have bought 2 of my wife's old Barclaycard credit card accounts which have been in dispute for almost 3 years

this was pointed out to them at the time,and they have in fact written on a couple of occasions to admit that they cannot pursue the alleged "debts"

however,I'm assumng that they are processing her data on an ongoing basis with the CRA's

I now fancy having a bit of fun,and extracting some cash from the idiots at the same time

has anyone ever taken a DCA to court for compensation for unlawfully processing their data?Clearly,crapquest have no right whatsoever to be doing this

[labman]

Re: anyone taken a DCA to court?

When the accounts were with Barclaycard, did they pass through Mercers and Calders, and was a Default Notice issued?

[postggj]

Re: anyone taken a DCA to court?

i can say i have

i used woodchester as case law for an unlawful default

i used the complaints procedure of the dca first, that is a must and can take up to eight weeks

they failed to give an adaquate response so i took out a n1 claim

i went through all the defence,aq, court bundle etc, only to have them settle 2 days before the trial

[lickthewallfatboy]

Re: anyone taken a DCA to court?

yes,Mercer's were definitely involved at that time and I'm pretty sure a DN was issued for each

Capquest say they have bought the debts

[postggj]

Re: anyone taken a DCA to court?

mercers is barclaysharks own internal dca, so why are they issuing a default notice when it should be from barclayshark direct

[lickthewallfatboy]

Re: anyone taken a DCA to court?

i can say i have

i used woodchester as case law for an unlawful default

i used the complaints procedure of the dca first, that is a must and can take up to eight weeks

they failed to give an adaquate response so i took out a n1 claim

i went through all the defence,aq, court bundle etc, only to have them settle 2 days before the trial

wood you have a link to woodchester?

also,how much did you claim for ,if you don't mind me asking?Did they settle for the amount you claimed?

I was thinking of using the Kpohrahor(sp) case claiming £1000 per default and marker
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mercers is barclaysharks own internal dca, so why are they issuing a default notice when it should be from barclayshark direct

I know they are-I think it was Barclaycard that issued the DN altough my memory is a bit hazy

they have nothing that even resembles a proper agreement for either account,but it didn't stop them selling the accounts to Capquest

[labman]

Re: anyone taken a DCA to court?

More to the point, all Mercers' DN's are defective, so they are demanding money from you on the back of a defective DN which I believe is illegal.

[lickthewallfatboy]

Re: anyone taken a DCA to court?

I'm not 100% sure it was Mercer's that issued the DN

Capquest are the guys I want to nail for the unlawful data processing......are there any instances of this scenario having taken place?I haven't come across cases on the web,but maybe I'm not looking in the right place!!

[labman]

Re: anyone taken a DCA to court?

For what it's worth I think you should take things a little more slowly.

OK, you want to go after Capquest. Did you receive a Notice of Assignment?

Have you asked for a copy of their Complaints Procedure?

Have you exhausted this procedure?

If going for breach of DPA you have two routes - County Court and ICO. Are you sure court is the one you wish to take?

[lickthewallfatboy]

Re: anyone taken a DCA to court?

can the ICO compel compensation to be paid?I think it's time these hoodlums really started to get hit in the pockets to make them think twice before acting in future


they did send assignment notice when they first tried to extract money

haven't even been in touch with the idiots yet-have been giving them the rubber ear,but I feel a bit of mischief is in order

[SpringerSpaniel]

Re: anyone taken a DCA to court?

FOS can award compensaton but of a modest amount, and is a less stressful or risky route than court.

However, only litigation will set a binding precedent which you and others can rely on in future. However, this can include prosection or civil proceedings brought by relevant authorities eg ICO, OFT, Trading Standards as well as civil proceedings of your own.

[SpringerSpaniel]

Re: anyone taken a DCA to court?

I have sued Lovells succesfully over ex-Barclayshark debt, but for harrasment rather than breach of DPA.

I got an injunction against them acting in person, and an unless order at the same hearing. They couldn't wait to settle fast enough.

The judge was very nice to me at the hearing for the return date and asked me if I was sure I wnated to accept the settlement as their behaviour was very bad.

[postggj]

Re: anyone taken a DCA to court?

In the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid I quote the comment of KENNEDY LJ: "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals" the judgment appears confirm the consumer credit legislation made under the Consumer Credit Act 1974 as plainly enacted and set out to offer protection to the consumer. Therefore it is suggested that the failure of the claimant to set out the default notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) could unduly prejudice me as it failed to allow the required time to remedy the default


have a look at the above, it is case law but depending on the circumstance, go with

Kpohrahor sets case law at £1000 per default

[lickthewallfatboy]

Re: anyone taken a DCA to court?

thanks for the help so far guys

do you all think I should jump through the hoops of a complaints procedure?I'm more than a little miffed as these idiots shouldn't be having anything to do with us in the first place

I had considered just giving them 28 days to remove any entries on CRA files with the option to go to court if they refuse

[SpringerSpaniel]

Re: anyone taken a DCA to court?

Going through the complaints procedure first would protect you in terms of costs of you took them to court later, and give you the option of using the FOS.

Sometimes the process can give you additional ammunition eg for a misrepresentation case.

At any rate, you should engage in some kind of pre-action process, if only sending a leter by recorded delivery setting out your case against them and what you want done to put it right.