DCA

[Cornwall1]

My wife has received a letter and phone calls from a DCA saying that they have been engaged by a named client to help resolve an outstanding account. The named client has emailed my wife over and over claiming the outstanding balance was due because of a cancelled agreement, I would like to point out the agreement was never cancelled and this has been put to the named client over and over. We sent the DCA a letter with their ref number saying that we would like to inform them that there is no outstanding account to resolve, and that we do not expect to receive any further correspondence regarding this matter. Only to receive yet another phone call today. Looking through the pages on this site, I have come across the "Prove I’m the debtor" template and was wondering if this could be something we could fill in and send(recorded delivery) to the DCA, any advice would be appreciated

[mr.ton]

Re: DCA

Ignore & stay off the phone to them - refuse to answer security questions if they phone again.
Report them to the OFT & trading standards if they keep harassing you.

[bluebottle]

Re: DCA

Hi Cornwall1,

Before you do anything further, go to the OFT website and download a copy of their up to date Debt Collection Guidelines. This will provide you with the necessary information to base your case on. It will also tell you what the DCA can and cannot do. It is also very useful to quote from when dealing with them, either by letter or over the phone. Don't be put off by any bull that they are not in breach of the Guidelines. It's in their DNA to lie.

DCAs are best described as chancers, cheats, whatever you want to call them. The onus is on the DCA to prove that a lawful debt exists and you are entitled to see proof of such. If they refuse, they are in breach of their CCA licence as well as a number of pieces of legislation.

I would also recommend that you contact Consumer Direct on 0845 4040506 and lodge a complaint with them. They may refer you to the Consumer Credit Licensing Department at the OFT, who are responsible for licensing DCAs.

I am a retired policeman and have had to deal with DCAs on behalf of other people where I live. Being ex-police has its advantages.

If you need any further help, get back to us.

Bluebottle

[labman]

Re: DCA

This is the one you're after:

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

Read more at: Dealing with DCA's - Legal Beagles Consumer Forum

It's a simple, but surprisingly powerful letter. If they can't prove the debt, then you have absolutely nothing further to say to them until such time as they can - NEVERin this case.