Help! A DCA is going to make me bankrupt!

[palomino]

 

can any body post a link for an S.A.R - (Subject Access Request) thats not for banks or credit agreements

 

many thanks

 

I don't think there is a generalised one on CAG.

 

You'll have to make up your own (using the CAG one as a basic guide if you wish). Ask for copies of all information they hold about you including but not limited to -

- your agreement

- statements

- timesheets

- correspondence

- notices

- memos and filenotes

- reports on your child

- telephone call logs

- etc - you can think of all the things they will have about you

 

Always put 'anything else' as a last option just in case you miss something.

 

Send by recorded delivery.

 

Postggj states that you should advise the DCA that the account is in dispute until they provide the information. Unfortunately it is not as straightforward as that - waiting for a SAR is not in itself grounds for dispute. What you need to do is dispute the debt on the grounds that you are not liable or the fees are excessive or incorrectly calculated (or another valid reason) and that you are waiting for the precise information to be able to prove it.

[mich7k]

Thanks guys im gonna work on a letter as resend the request, oh yeah its now 1.05pm and no-one has visited my address....

[mich7k]

well guys gonna sign off now as my kids are wanting to go out as its bank holiday have a good weekend,

[emmaf01]

How are things, Mich7k? Any news?

[mich7k]

no news worth posting to be honest called the oringinal creditor asked if they could give me any infomation on the debt as i havent recieved any the nice young man told me he isnt allowed to discuss anything with me didnt even ask my name so i have to contact the dca but when i call the dca they said they are just said they arent prepared to accept any offer of payment unless its full payment they will proceed with the bankrupty

[master woody]

quick question. Do have any other debts?

[emmaf01]

How about adapting the request for information letter and sending it to both parties, special delivery. Then at least you can say to the court "I cannot defend this action as they will not supply me with the necessary information to defend myself". Then you can ask the judge to order them to supply all the information and put things on hold for 28 or 56 days so you can get a defence together.

 

Adapt this letter perhaps.

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the agreement with ******** Nursery and any terms and conditions that applied to the agreement at the time of default and at the time the agreement commenced.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous holder of the account

b. Where there has been any event in the account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ******* Nursery.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements, accounts, invoices and payments received for the entire duration of the agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[mich7k]

thank you i will try that one and yes i do have other debts but i dont want to go bankrupt i would loose my home! Its just me and the kids plus one is disabled dont want to put them through that again

[master woody]

Whic is fair enough, have you thought about an IVA?

[emmaf01]

I think that might be a bit premature perhaps. I would have though the first thing to do was to try and fight this particular creditors attempt and when things have calmed down, assess the full situation.

 

I got the impression that Mich7k wants to fight this first.

[mich7k]

yes i would like to fight this first then maybe think about a iva just had a look at my credit file its rubbish! lol

[master woody]

yep which is fair enough, i was just thinking if she had more debt and by the sound of things a low income an iva might br a good idea. i think iva would'nt be right for just 2k so tring to establish the level of debt.

[phat256]

an IVA might be good if she had any asset to protect suh as houses etc... ... i was led to believe this by National debtline before i went BR ! and if she/he default onto an IVA she will be declared BR anyway .

[emmaf01]

I think she wants to avoid these "formal solutions" if at all possible and wants to stop this DCA from making her bankrupt.

 

Has anyone got any ideas on how to do that?

[master woody]

I dout they will it costs £1700 for a 2k debt seems a bit unreasonable . its designed to scare! Sending out s SD cost the price of a stamp....

 

How was the SD delivered, this often tells you how serious they are. post or by hand?

[mich7k]

The SD was delivered by hand i called them to make an offer of payment the guy said to me no we cannot accept and installment plan the client has instructed them to go for full bankrupty, i have got any invoices so i dont even know how they got to that figure i called the nusery provider they said they cannot give me details and i must speak to the dca?? So what gives if i send the letters off do you think it will prompt them to go for bankrupty as i havent heard from them since

[emmaf01]

Without supporting paperwork, they cannot just make you bankrupt can they?

 

 

So you have every right to ask what they will be relying on.

[mich7k]

Thats what i thought just rang my home insurance the legal assistance helpline spoke to a solicitor she advised me to write to them both asking for any information they may have so i can at least defend myself in court should it get that far

[emmaf01]

That is really good thinking, Mich7k!

 

This isn't pre-revolution France. You are legally allowed to see what evidence they are holding against you.

 

I'm just thinking, an action in court from non-compliance with the DPA against the Nursery and DCA might be a possibility perhaps. Did you SAR them both?

 

Apologies if you've said this already, I've had a bit of a long day!

[mich7k]

yes i have sent one to the nursery but they havent replied yet i wonder if its because of the fact the nursery agreement doesent cover the cca act 1974?

[emmaf01]

SAR is not covered by the CCA, its the Data Protection Act. Did you pay the £10?

 

If so, you can now send them the letter before action, threatening to take them to court unless they provide all the info they hold regarding your account.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Just adapt, asking for all invoices, payments made, letters informing accounts overdue, etc.

 

And send a SAR to the DCA, then you can take them to court if they don't comply- now that would be fun!

[mich7k]

no i didnt as i didnt have any money at the time but i will do it deffo tomorrow!

[emmaf01]

It is worth doing, as you can enforce it through court if they don't comply.

 

Plus if they take it further you can state that you have had to do this, putting things on hold until it is done- don't forget to start it with "this account/debt is in dispute".

[mich7k]

ok will do it 2morrow