anyone taken a DCA to court?

[labman]

Re: anyone taken a DCA to court?

I think most bodies would expect you to have exhausted internal Complaints Procedures etc... befoe taking further action. This is normal practice.

[Gorang]

Re: anyone taken a DCA to court?

Hi lick

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

After reading the whole thread I noticed you said you were "assuming" they are processing data with the CRA's

My advice would be check your wifes reports with all 3 CRA's FIRST before you do anything

Equifax
Experian
Call Credit

to see exactly what they have recorded, and this will also tell you when the default was registered and who by, and more to the point if anyone else has renewed that default, as some DCA's have a nasty habbit of placing another default on accounts

My thinking is if they have NOT been (I doubt it, but miricles can happen lol) recording anything then you could just be opening a can of worms for yourself, as I suspect that you could be coming close to the 6yr limitation mark for the debt to be staute barred

IMO if it is close to statue barred, then I would be inclinded to have that fun once it is statute barred

Can you remember roughly when you made the last payment to that account?

[CleverClogs]

Re: anyone taken a DCA to court?

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

Why should they be prevented from selling debts that probably cannot be enforced?

If you knew of someone who'd pay money for your turds, would you still flush the khazi?

[lickthewallfatboy]

Re: anyone taken a DCA to court?

Why should they be prevented from selling debts that probably cannot be enforced?

If you knew of someone who'd pay money for your turds, would you still flush the khazi?

the question is-which is the biggest turd-the alleged debt or the DCA what takes it on?:beagle:

[lickthewallfatboy]

Re: anyone taken a DCA to court?

Hi lick

After reading the whole thread I noticed you said you were "assuming" they are processing data with the CRA's

My advice would be check your wifes reports with all 3 CRA's FIRST before you do anything

Equifax
Experian
Call Credit

to see exactly what they have recorded, and this will also tell you when the default was registered and who by, and more to the point if anyone else has renewed that default, as some DCA's have a nasty habbit of placing another default on accounts

My thinking is if they have NOT been (I doubt it, but miricles can happen lol) recording anything then you could just be opening a can of worms for yourself, as I suspect that you could be coming close to the 6yr limitation mark for the debt to be staute barred

IMO if it is close to statue barred, then I would be inclinded to have that fun once it is statute barred

Can you remember roughly when you made the last payment to that account?

Oh I intend doing that.......been fighting this whole bank/card/DCA system racket since early 2006,so I wouldn't be jumping to conclusions without proof........however,a DCA pursuing an individual WITHOUT processing data at the same time?A nice thought......but unlikely in my experience

it's 3 years since any payments were made,so a while till SB takes effect

[CleverClogs]

Re: anyone taken a DCA to court?

It's a pity you live in Ulster rather than Eire, where the Consumer Credit Act 1995 - link - would apply.

That law contains some interesting differences from the English Law, as section 49 of the Irish Statute (link) actually forbids any attempt to pursue an unenforcible agreement and, in contrast to the topsy-turvy nonsense of UK case law, this is not merely restricted to litigation; for example, the creditor is forbidden to put the name of the debtor on any list of defaulters, or even threaten to do that.

Section 12 (link) sets out the offences and section 13 (link) states the penalties, including fines for each day of any continued contravention of the law.

Have you even considered following your man Gerry Adams and going south?

[Guest]

Re: anyone taken a DCA to court?

Hi

Can i ask why they are not allowed to report the payment activity on the account to the CRA?

This is of course a record of payments made and the status of the account and has nothing to do with the cca.

Are you saying they have no right to process data because the agreement did not exist?

Also it must be remembered that the creditor or their agent are allowed to pursue arrears without a valid DN.

Peter

[lickthewallfatboy]

Re: anyone taken a DCA to court?

Hi

Can i ask why they are not allowed to report the payment activity on the account to the CRA?



Peter

they shouldn't even be in possession of the account

barclaycard were not permitted to sell it on while in dispute-but they did just that

[Guest]

Re: anyone taken a DCA to court?

they shouldn't even be in possession of the account

barclaycard were not permitted to sell it on while in dispute-but they did just that

I am pretty sure that a creditor can authorise a dca assigned or not to update credit information, as long as they are acting on their behalf.

Was the account correctly terminated, did they acknowledge the dispute.

Peter

[labman]

Re: anyone taken a DCA to court?

they shouldn't even be in possession of the account

barclaycard were not permitted to sell it on while in dispute-but they did just that

Sorry, but this is simply not true. The OFT do not consider it good practice, but it is not actually unlawful.

[Angry Cat]

Re: anyone taken a DCA to court?

they shouldn't even be in possession of the account

barclaycard were not permitted to sell it on while in dispute-but they did just that

Unfortunately Banks do sell accounts that are in dispute;
morally it is not correct. But of course, Banks care nothing for morals.

On what date was the first default registered with the CRA's?

[lickthewallfatboy]

Re: anyone taken a DCA to court?

it must be 4 years ago
------------------------------- merged -------------------------------

Sorry, but this is simply not true. The OFT do not consider it good practice, but it is not actually unlawful.

so once again the OFT are shown up to be worse than useless

good to see our tax money is being put to such good use......

[CleverClogs]

Re: anyone taken a DCA to court?

once again the OFT are shown up to be worse than useless.

Why do you suppose I call them the Office of Faffing and Twaddling?

[lickthewallfatboy]

Re: anyone taken a DCA to court?

I can think of a worse mo****r to fit that abbreviation

[CleverClogs]

Re: anyone taken a DCA to court?

I can think of a worse mo****r to fit that abbreviation

It would hardly be difficult, but my version can be quoted in mixed company.