Jump to content

ken100464

Registered Users

Change your profile picture
  • Posts

    379
  • Joined

  • Last visited

Everything posted by ken100464

  1. Thanks again for the kind words. This is our job for next week. A more detailed look at the paperwork we have is making us realise something is very wrong with this account. And the way the DCA is behaving (not like a DCA at all. Little or no contact just a statement for a minimal amount every month) also gives rise for concern as they just dont seem to be pushing at all for the money. To recap this is a storecard which has turned into a creditcard. It is one of the 3 storecards mentioned alongside the Mayhew vs Santander court case. The DCA is reporting red 6's on the CRA files and has done since purchase. There is no default notice on our file and besides one notice of arrears of a total of 2 months the account transfers from the OC to the DCA in a seemless fashion. The arrangement to pay (concessionary payment) is even mentioned in the notice of assignment. It states this agreement would be honoured. We had nothing from the OC about the assignment. They just stopped contacting us. Is an assignment notice a default notice? Our original intention was to try and get the red 6's removed. Our life timeline is ok with a default if it happened when the OC sold the debt. This is what happened but feel hard done by for the red 6's being reported now. Our thinking was get a default then the whole thing would fall off the CRA's in 6 years. Job done. Now after reading on here to get to where we have to writte a complaint letter to the DCA to get the above sorted we are starting to wonder if we have approached this all the wrong way. Our questions are would a CCA request be worthwhile? And if we did would we be looking for 2 agreements? The storecard and then sometime later the credit card? And if we get or as the court case seems to show we dont get where would that leave us? We know there are penalty charges on the account but how many we are not sure. A SAR is in process now but only for the charges. Would a new SAR have to be raised for all the other stuff? As we first stated we are not trying to avoid debt, not looking for a court date BUT are looking for our account to be run within the law and our personnal data to be reported accurately. If this has not happened and we have been taken for a right royal ride by companies that should know how to operate within the law then we feel some sort of recompense should be forthcoming. I am sorry this is all pretty vague at the moment but wanted it so just incase one day in the future we do wish to take this further. Many thanks for any replys.
  2. CitizenB. Thank you also. So from what you are both saying this is unusual. We do not have a default notice or a letter saying one was coming just a statement type letter saying it was now with the DCA. The DCA is reporting the red 6's ever since it got the account and has a AR marker on the CRA report (Noddle). There is NO default or default date reported on the account. I think futher investigation via another CRA report and then perhaps a SAR to the OC is the way forward to get the story totally correct. I also understand from the ICO guidelines that red 6's should not be used to replace a default and if an arrangement to pay had been entered into then this is a short term thing and a return to the original agreement should happen not later than 6 months after the agreement to pay happened. This is not a new agreement either as there was nothing signed to say so and we have been under the impression it was a defaulted account until we checked noddle. Just seems DCA is reporting what the hell they like and the OC just was busy selling off its book lemons and all. Thanks for the first impressions and will go away and do some more digging and come back with what I find.
  3. dx100uk Wow thats quick didnt expect a reply for a while. DCA is one of the Lewis crowd CL Finance. It seems to be becoming a bit of a habit with them from reading various threads. Ok will get another report and see what they are saying. Have had a 15% offer but this was us asking them. However that didnt seem particularly good when it will take forever and a day to pay back so we started becoming suspicious of the account then. This was final offer from them and then they went into ignore mode. So from what you are thinking this account should be defaulted?? And if it is not should it have ever been sold on to the DCA?
  4. First post so sorry if this seems a simple question. Quick background for you. Partner had a storecard which ran into difficulties late 2008. Came to an arrangement to pay back end of 2008. This was a nominal amount. This account was sold to DCA mid 2009. Only notification she got was account had been sold to DCA on the DCA letter headed paperwork and arrangement to pay was to continue and she should thank the DCA for being so kind (I put last bit in as I am starting to think they have taken a bit of a liberty with the account now). She has nothing on file from the OC about this assignment. Fast forward to 2012 and a decision to deal with debts. A check on call credit (Noddle) is showing this account as all fat red 6's since it was taken over in 2009. There is no default on the account even though its been sold on. At present rate of pay it will be settled sometime next century and of course not fall off the CRA until next century + 6years Have complained to DCA who have ignored us. Have escalated this complaint to formal complaint within thier complaints procedure and threatened ICO and FOS and anyone else I can think of if they dont sort it out within 28days. We are 10 days into this 28 days now. When we wrote we were originally trying to get the default so the account would fall off in 2015 (This suits our life timescales) We werent really interested who defaulted the account be the OC or the DCA as long as it happened in 2009. However as a lurker (everyone needs them) we are starting to think we may have been to hasty. So the question is (simple I know to you guys but this is all very new to us) do you think this account should have been defaulted by the OC before being sold on to the DCA??? And if it hasnt been defaulted then this debt is actually on the dodgy list and maybe the DCA should be sent to the naughty step? I have been reading the acticle re storecards and the judgement against Santander in spring this year. The account in question is one of the 3 storecards specifically mentioned. It is referred to as either a standard dualcard or mastercard st. ( Do you think I am correct in thinking this could be one of those dodgy credit card upgrades?) Whoops thats more than one simple question. Many thanks for anyone who would care to comment as we are starting to realise after some reading up on here and other places that DCA's might not tell the truth sometimes LOL I am not in the going to court mode as yet but a messy account making a small F & F possible and account off DRA's by 2015 would suit us. BTW value to DCA is below bankruptcy value so small fry really. PS all references to DCA's living or dead are vague as we want to protect the children. Everybodys children lol
×
×
  • Create New...