DCA chasing a debt that doesn't exist and entering defaults every month!

[cerberusalert]

A default must be recorded by the original creditor. Orange can't remove it if they didn't enter it.

[Kate987123]

I did tell them Orange wouldn't be able to take off their default but they wouldn't have it. So if DCA isn't the original creditor but purchased the debt, does that mean they can't place a default?

[cerberusalert]

I haven't tried the ICO yet. Might try and see if the CRA will confirm in writing when the default was registered and who by as as DCA told me that Orange would have to remove it.

It should state on your credit file who recorded it, when & why. Then it should show who updates it.

[citizenB]

You need to send both Orange and the DCA a Subject Access Request - this is a request for ALL information that they hold on you.

 

I am saying to send one to each of the companies because you need to know if there was indeed ever an account that was defaulted and why Orange sold it on. You then want information from the current owner/DCA so that you will have proof of their actions in pursuing this account.

 

Until you receive that information you are going to be totally in the dark.

 

There is a draft letter in the CAG library, top left of each screen. You will need to send to their Head/Registered offices and for the attention of the Data Controller. You will need to enclose a postal order for £10.00 with each request. They have 40 calendar days in which to respond.

 

Aside from the items that are listed on the Draft SAR, you specifically require copies of the telephone logs/ diary of events and anything else that you think that might need.. such as statements, etc.

 

Once you have the information - you will be able to work out what is going on.

[citizenB]

If the DCA telephone again - then you should advise them that you WILL NOT be talking to them on the phone. That it is your legal right to communicate in writing. That you will be reporting to the OFT in respect of their breaches of guidelines.

[Kate987123]

Thanks all, sorry Brigadier and renegadeimp - didn't see your replies earlier, wasn't intentionally ignoring you. The DCA is Capquest and although I used to have an Orange contract, it ended about -5-6 years ago (fully paid up) and I never heard from them again. I got a letter from DCA around 2009-2010, I asked for documentation, they couldn't provide it so said they wouldn't pursue it, then got one from Capquest last year who have failed to provide any info about what the alleged debt is actually. They seem to think because I had an account with Orange I automatically owe the money.

 

Renegadeimp - you're right, I shouldn't have spoken to them on the phone, just sick of them calling despite me sending the template letters, they've been phoning my mother as well so felt like giving them a mouthful. Luckily I wasn't upset on the phone, in fact he got so annoyed he put the phone down

 

Will follow your advice and send the SARs off...just want to put an end to it once and for all.

[renegadeimp]

Tell crap quest to bugger off. If you really want to frustrate them, send them the prove it letter from the library on this site.

[Kate987123]

Lol, I've sent that prove it letter about 5 times

 

As much as they irritate me the default was registered in 2009, still too late imo, but I think that means it should drop off by 2015 so only 2 more years of dealing with them

[renegadeimp]

Then you need to issue formal complaints with crapquest and the OFT. That sort of thing could cause them to lose their credit licence. If you are unwilling to complain, and complain loudly, two things will happen. Crapquest will think they are ok to do what they are doing, and the OFT never get informed so they think the companies are operating as they should.

[Kate987123]

I've taken the official route with Crapquest but got nowhere. Will definately complain to the OFT. I went through an 18 months saga with the FSA regarding another DCA so not scared to try and enforce my rights. Been a little weary with it to be honest but you're right. I've informed them that they should be acting in accordance with the OFT Debt and Mental Health guidelines (LONG story but I was too unwell to work for a short time and that's how I originally got into debt) which they haven't done. Generally it just annoys me but they are doing the same to a lot of vulnerable people which isn't fair or legal.

 

Thanks for all the advice - will look up the OFT complaints procedure tonight and try to put something together.

[renegadeimp]

Have you filed a formal complaint with Capquest and addressed it to their data controller? If you have, get in touch with the FOS and ICO, and tell them EVERYTHING that has happened.

[BRIGADIER2JCS]

The subject access request (SAR) is now the way to go.

[citizenB]

If you are going to make a complaint about the default dates then it will need to go to the Information Commissioner.