DCA accepting money when account has been recalled by the OC

[LittleMissHappy]

Posting this on behalf of a friend

 

An account was passed to a DCA sometime after the DCA took over the account they asked for the cash and my friend paid it.

 

It seems this account had been recalled by the OC when they asked for and received the money.

 

This is all backed up with voice recordings and internal notes.

 

Is there any avenue my friend can take with regards to the DCA?

 

Sorry its so vague but its all I know.

[harrassed senior]

Are you say that the amount was paid to the DCA and now the OC are chasing payments?

[LittleMissHappy]

My friend paid the money under duress as the account was in dispute, this is why the OC took the account back. DCA weren't able to pay money to OC as they had no access to do so because they didn't hold the account and held the funds for approx 7 weeks, in which time OC chased my friend for the money.

 

Have the DCA breached any rules by threatening CCJ action in a telephone call on a date that they knew they did not hold the account. (this is all recorded)

[Deb T]

The OC is not Egg and the dca ARC is it perchance?

[LittleMissHappy]

its not, I cannot reveal who as my friend has some unfinished business with the DCA. She debating on whether to get a solictor invovled due to the amount of evidence. Just looking for some guidance/ advise on here for her.

[Deb T]

If the account was recalled by the OC has the amount that your friend paid to the dca been debited against the account? Does the amount the OC say is now owed tally against your

friends own records or is there a discrepancy and which is the sum your friend paid while the account was recalled? I guess the dca will say as a form of defence (possibly) that

whilst the account was being recalled by the OC there was still a contract between the DCA and the OC allowing them to collect? Account in dispute should stop all payments

until the relevant dispute has been remedied.. In all eventuality I guess the creditor wont care where/how the money is paid to them just that it is...and if there has been a 'clerical'

error where your friend has paid when maybe they shouldn't have....well it's still a debt and it needs to be paid so they wont care how the money has been collected....

 

Of course taped phone calls with the dca (providing they've been made aware that they're being recorded) may help your friend push home their case re the money shouldn't have

been paid...but getting it back is a different kettle of fish.....

[LittleMissHappy]

Thanks for your reply, the basis of this situation is money paid, everything updated and correct, my friend never disputed the amount to be paid and doesn't want the money back. The question is if the DCA no longer held her file they were no longer in the posistion to process her data. She should be receiving now the exact date and time the OC recalled the account and believes she has phone calls to prove the DCA acted outside their remit.

 

My friend always advises that phone calls are recorded.