A Company Called DML have contacted me twice at work re bank charges

[Faithless Street]

Hi,

 

I'm new to this forum so apologies in advance for any faux pas.

 

A few days before christmas (21 or 22 December 2009) I received a phone call from a rather cocky man from "DML" asking me to give him my credit or debit card details in order for me to pay the £200+ debt I have with them. He called me at my work's telephone number. He gave me an address that I haven't stayed at for around 3 years. He said the Clydesdale bank account I had has outstanding bank charges on it which have reached the £200+ mark and I must arrange to pay it.

 

I said I wouldn't pay anything unless he gave me details of the debt. he couldn't. he pointed me towards a sister company whose name escapes me. I contacted them that same day and they were just as vague. They told me my old address, the fact that I used to have a Clydesdale account and that was it! If I needed to know anything else I'd have to contact the bank. I called the bank but, understandably they can't help me unless I have my account details, which I don't.

 

I walked away from this account. I didn't close it properly; just stopped using it. It's possible that I've left a DD open on the account which has gone into my overdraft. If this turns out to be the case I'm only too willing to pay what I owe.

 

So, I forgot all about it. I received a phone call today (again, at work) from a different person from the same company (DML). She was a bit more forceful on the phone. She asked for card details as well. no chance! Again, she could give me no details re. this debt.

 

She said the bank had sent letters which had been ignored by me. these would have been sent to my old address (the one I had when with the bank, and the one that DML are aware of) so I didn't receive the letters. If I did, I would have acted on them.

 

The woman I talked to today said I need to send a "letter of dispute" to:

DML

PO Box 168

19 Heriot Row

EDINBURGH

EH3 6JB

 

within 14 days of the phone call otherwise they can call to my house to receive payment. Before I ended the call she asked for my current address. I told her she'd get this when I sent the letter.

 

Sorry to be so long winded here! I just want to know if anyone has any advice. I guess the law on this stuff differs in Scotland? Most forum stuff I've read about has been in England and I don't want to take any of that as being the case for Scotland too. Should I just ignore this? Should I send a letter of dispute? What should I ask/say/demand in such a letter? Where does the law stand on this kind of thing? Can I provide my work's address as a contact address rather than my current home address?

 

As you will all appreciate getting such calls is a bit of a worry, especially when they are so unhelpful (almost to the point of belligerence) on the telephone.

 

Thanks in advance for any help you can give me here.

[FlyboyAgain]

Hi, And welcome to the forums and, indeed, the site. You'll get plenty help here.

 

Could also be this crowd:-

 

Debt Managers Ltd

PO Box 168

4 Jamaica St

Edinburgh EH3 6UP

 

Jamaica St is round the corner from Heriot Row so I presume it's the same gang of filth.

 

First up, have you any idea how they got your work's number? Could it have been passed to them by Clydesdale Bank? Secondly, I would ask them to stop calling you at work, irrespective of the nonsense they will come out with saying that they 'need a contact number' BS!! Get everything in writing and say you will only respond to such and that if the persist in calling you at work (embarrassing and stressful) tell them you will report them to the OTF, local trading standards and the police for harrassment. Be forceful about that statment! What you have to do is take control of the matter, even though I think all this is going to be solved rather quickly.

 

You need to ask them if the debt has been sold onto them. Aslo, to be fair to the woman you spoke to, you should, initially dispute the account until you have seen all the relevant documentation that links you to it and copy your old banch of the Clydesdale in on that letter.. I also think, given that you don't appear to have any details of this account, that you should maybe serve a Subject Access Request on this DCA (who may well pass it back to Clydesdale). They will have 40 days to comply and you'll have to pay them a tenner up front.

 

Overdarfts are not covered by CCA 1974, I don't think so it's not possible to request the data that way, that's why I've suggested DSAR. Other Caggers my be better inforemd, though.

 

BTW, whereabouts in the UK are you? Oh, and don't put up with any lip from these monkeys if they continue to call; tell them you've asked for all contact to be in writing and when they start babbling just put the phone down. If they fall into the trap of ringing you back each time, log the calls and tell them the logs will be used against them in evidence.

Edited January 13, 2010 by FlyboyAgain
additions

[kiptower]

Registered Office: 12 Hope Street, Edinburgh EH2 4DB

 

tell them to FO until they send you the proof and the BANK confirm this crowd have any rights to claim it , use a third party address just like they do using a PO box

 

and dont give them anything inc your new address,

 

the bank should be able to backtrack through your old address and name,

 

 

another crowd of bottom feeds buying old debts

 

they have been mentioned a few times on CAG

[FlyboyAgain]

Registered Office: 12 Hope Street, Edinburgh EH2 4DB

 

tell them to FO until they send you the proof and the BANK confirm this crowd have any rights to claim it , use a third party address just like they do using a PO box

 

and dont give them anything inc your new address,

 

the bank should be able to backtrack through your old address and name,

 

 

another crowd of bottom feeds buying old debts

 

they have been mentioned a few times on CAG

 

With all due respect, i disagree. I wouldn't tell them to FO, I'd go right back at them with the DSAR and calling the account in dispute. That way they can't keep adding charges onto it. Sure, they should be supplying the relative info but we all know how these **** work. Firing something back at them in the form of the DSAR will waken them up a bit and cool their aggressive jets!

[kiptower]

it a basic plishing trip as they dont know his address, and he should not give it, but take the route via the bank its claimed to be from, and use a 3rd party address because the address could be forwarded to the crowd who phoned him,

 

all he does in contact make his address C/O joe blogs etc , and nothing unlawfull in that , remember the original clows are hiding behind a PO

[Faithless Street]

Thanks for all the input here. I'll draft a letter at some point this week and maybe post it here for some feedback/suggestions - if that's okay?

 

I'm from Glasgow, Scotland by the way.

 

Thanks again.

[Faithless Street]

I found my original notes on this. The original caller gave me a reference number and said if I needed any more info I should contact ANOTHER company. Marlin Financial Services.

 

This shower were equally unhelpful.

 

When I draft my letter is it okay to post it here to get some feedback? Obviously, I'll remove any personal info etc.

 

cheers

[dundeelaw]

Hi, And welcome to the forums and, indeed, the site. You'll get plenty help here.

 

Could also be this crowd:-

 

Debt Managers Ltd

PO Box 168

4 Jamaica St

Edinburgh EH3 6UP

 

Jamaica St is round the corner from Heriot Row so I presume it's the same gang of filth.

 

First up, have you any idea how they got your work's number? Could it have been passed to them by Clydesdale Bank? Secondly, I would ask them to stop calling you at work, irrespective of the nonsense they will come out with saying that they 'need a contact number' BS!! Get everything in writing and say you will only respond to such and that if the persist in calling you at work (embarrassing and stressful) tell them you will report them to the OTF, local trading standards and the police for harrassment. Be forceful about that statment! What you have to do is take control of the matter, even though I think all this is going to be solved rather quickly.

 

You need to ask them if the debt has been sold onto them. Aslo, to be fair to the woman you spoke to, you should, initially dispute the account until you have seen all the relevant documentation that links you to it and copy your old banch of the Clydesdale in on that letter.. I also think, given that you don't appear to have any details of this account, that you should maybe serve a Subject Access Request on this DCA (who may well pass it back to Clydesdale). They will have 40 days to comply and you'll have to pay them a tenner up front.

 

Overdarfts are not covered by CCA 1974, I don't think so it's not possible to request the data that way, that's why I've suggested DSAR. Other Caggers my be better inforemd, though.

 

BTW, whereabouts in the UK are you? Oh, and don't put up with any lip from these monkeys if they continue to call; tell them you've asked for all contact to be in writing and when they start babbling just put the phone down. If they fall into the trap of ringing you back each time, log the calls and tell them the logs will be used against them in evidence.

 

Overdrafts are covered by the Consumer Credit Act 1974. It is classed as a running credit account.

 

8.-) A personal credit agreement is an agreement between

an individual (" the debtor ") and any other person (" the

creditor ") by which the creditor provides the debtor with credit

of any amount.

(2) A consumer credit agreement is a personal credit agreement

by which the creditor provides the debtor with credit not

exceeding £5,000.

 

9.-(1) In this Act ",credit" includes a cash loan, and any

.of credit. other form of financial accommodation.

This includes an overdraft facility.ie a Personal Current Account where you can borrow money from the bank either directly or indirectly eg. a Direct Debt takes you into the red, therefore a Credit Agreement is established.

[FlyboyAgain]

But only if you go into the red; is that what you're saying?

[dundeelaw]

No. You do not have to go into the red. You only need a current account.

 

A current account is regarded as a "running account" agreement under the Consumer Credit Act 1974.

 

When or if you go into the red, a new Credit Agreement begins under the Act as you have directly or indirectly asked for a loan.

 

either way, the Consumer Credit Act 1974 covers current accounts as the providers (the bank) are have a licence regulated under the Consumer Credit Act.

 

It does not matter if you use an overdraft or not.

Edited February 10, 2010 by dundeelaw
typo

[dandy1764]

Thanks for that info dundeelaw,

 

I have a Bank Account with overdraft and it mostly made of Bank Charges, I have Sent a subject access request to the bank and the have not really fully complied...It has since been a year and my case is with the FSO.

 

Can I make a request for info through the consumer credit Act 74 and if they dont comply raise a Small Claims Action to have the agreement, judged non-enforceable for the non compliance?

 

Sorry to ask a question on this seperate post?

 

In Newport On Tay so not far from Dundee.

 

Regards

 

Dandy